UK – Who Should You Appoint As Your CQC Registered Manager?
The majority of GP and dental practices are required to appoint a registered manager to oversee the day-to-day provision of their regulated activities. We are frequently asked whether it is appropriate to appoint a practice manager or other employee as the registered manager for the practice. In this article Alison Oliver explores some of the considerations when selecting your registered manager.
The requirement for a registered manager
All GP and dental practices providing regulated activities are required to register with the Care Quality Commission (CQC). Where practices operate through a corporate body (such as a limited company) or a partnership, or if the provider is an individual who is not responsible for the day-to-day running of the regulated activities of the practice, they need to appoint a registered manager.
Where the provider is an individual who has day-to-day oversight of the service, they do not need to appoint a separate registered manager, on the basis that they fulfil the responsibility of managing the service themselves.
The role of registered manager
Registered managers are legally responsible for ensuring compliance of the practice with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (CQC regulations). The registered manager is usually the CQC’s main point of contact at the practice. Legally they share responsibility with the provider for ensuring that the practice meets the requirements of the CQC regulations.
Registered manager requirements
Under the CQC regulations, registered managers must:
- Be of good character;
- Have the necessary qualifications, competence, skills and experience to manage the regulated activity; and
- Be able (by reason of their health) to manage the activity.
They must be able to provide the documentary evidence that the CQC requires to verify that they satisfy the requirements, such as an employment history and satisfactory safeguarding checks.
When things go wrong
The CQC has wide powers to hold both registered providers and managers to account. These include criminal powers such as cautions, penalty notices and prosecution. Although relatively rare, the CQC has been known to take enforcement action against registered managers personally. For example, a care home’s former registered manager was recently ordered to pay a fine and costs of over £21,000 after failing to ensure safe care and treatment, resulting in a patient being exposed to a significant risk of avoidable harm (Former Chelveston care home provider and former registered manager ordered to pay £66,963 after failing to provide safe care and treatment – Care Quality Commission). In this case the former provider of the service was also fined.
Failure to adhere to the CQC’s standards can also affect the practice’s registration ratings and could ultimately result in cancellation of the practice’s registration.
How to choose your registered manager
The position of registered manager is one of responsibility. In choosing your registered manager, you should consider:
- Is the individual suitably qualified and competent to manage the regulated activities at the practice? While they do not necessarily need to be clinically qualified, they do need to have sufficient expertise and experience in running a GP or dental practice to be able to ensure the safe running of services.
- Do they have sufficient oversight of the service? The role of the registered manager is to ensure the safe day-to-day delivery of the service. While this does not necessarily mean being on site all day, every day, the individual does need to have a detailed knowledge and understanding of the practice and be able to identify and address issues.
- Are they willing to take on the responsibilities of registered manager? As the duties of a registered manager are onerous and a manager could be personally liable when things go wrong, not all staff will be willing to take on this responsibility.
Do not fall into the trap of thinking that appointing your registered manager is just a “tick box” exercise. In the case of a small GP or dental practice, it is likely that one of the principals will be best placed to fulfil the duties of registered manager. For larger practices with multiple sites, you may well need multiple registered managers.
How we can help
Our team of specialists has in-depth knowledge of the legal framework governing the primary care sector as well as the wider healthcare system. We provide pragmatic advice to help you respond to pressures and navigate the range of legal issues you may encounter.
We assist with:
- Corporate and commercial matters
- Regulatory advice
- Property matters
- Employment and HR support
- Clinical negligence claims
- Dispute Resolution
For further information, please contact:
Alison Oliver, Partner, Hill Dickinson
alison.oliver@hilldickinson.com
