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Regulation 20A: Requirement as to display of performance assessments

Categories:
  • Organisations we regulate

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 20A

This regulation will apply to all providers when they have received a CQC performance assessment for their regulated activities. Providers must ensure that their rating(s) are displayed conspicuously and legibly at each location delivering a regulated service and on their website (if they have one).

The regulation outlines the information that must be included. CQC has developed posters for providers and digital products to use on websites. Using these will help providers to make sure that they display all the information required under this regulation.

CQC can prosecute for a breach of this regulation or a breach of part of the regulation and can move directly to prosecution without first serving a warning notice. Additionally, CQC may also take other regulatory action. See the offences section for more detail.

CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.

The regulation in full

20A.—

  1. This regulation applies where, and to the extent that, a service provider has received a rating of its performance by the Commission following an assessment of its performance under section 46(1) of the Act (reviews and performance assessments)6.
  2. There must be shown on every website maintained by or on behalf of any service provider—
    1. the Commission's website address,
    2. the place on the Commission's website where the most recent assessment of the service provider's overall performance and of its performance in relation to particular premises or activities may be accessed, and
    3. the most recent rating by the Commission of the service provider's overall performance and of its performance in relation to particular premises or activities, in a way which makes it clear to which activities or premises a particular rating relates.
  3. There must be displayed at each premises from which the service provider provides regulated activities at least one sign showing the most recent rating by the Commission that relates to the service provider's performance at those premises.
  4. For the purposes of paragraph (3), where the service provider has not received a rating of its performance at those premises, the rating to be shown is the rating of the service provider's overall performance.
  5. There must be displayed at the service provider's principal place of business at least one sign showing the most recent rating of—
    1. the service provider's overall performance, and
    2. its performance in relation to particular premises or activities, in a way which makes it clear to which activities or premises a particular rating relates.
  6. But paragraph (5) does not apply where the service provider's performance at its principal place of business, or at the premises of which it is part, is itself subject to a separate performance rating given by the Commission (in which case paragraphs (3) and (4) apply).
  7. Any sign displayed, or anything shown on a website, under this regulation must—
    1. be legible,
    2. be displayed conspicuously in a place which is accessible to service users, and
    3. for each rating shown, show the date on which it was given by the Commission.
  8. This regulation does not apply to any premises that are—
    1. the service provider's own home, except where service users have access to it for the purposes of receiving services provided in the carrying on of a regulated activity, or
    2. a service user's accommodation where such accommodation is not provided as part of the service user's care or treatment.

6 Section 46 of the 2008 Act was substituted by section 91(2) of the Care Act 2014.

Guidance

Component of the regulation

Providers must have regard to the following guidance

20A(1) This regulation applies —

20A(1)(a) where a service provider has received an assessment of its performance by the Commission under section 46(1) of the Act (review and performance assessment) (a), and

20A(1)(b) to the extent that such assessments have been carried out, and ratings of performance given, by the Commission.

  • This regulation applies where an organisation has received a CQC rating (Outstanding, Good, Requires improvement or Inadequate). This includes those organisations rated before 1 April 2015. In all instances, the most recent CQC rating is the one that should be displayed.

20A(2) There must be shown on every website maintained by or on behalf of any service provider —

(a) the Commission's website address

(b) the place on the Commission's website where the most recent assessment of the service provider's overall performance and of its performance in relation to particular premises or activities may be accessed.

 

  • Providers must display their ratings on their websites. CQC has provided digital products to enable providers to do this. Using these will ensure that they display all the information required under this regulation. We have published more detailed guidance on what must be displayed on each website.

20A(3) There must be displayed at each premises from which the service provider provides regulated activities at least one sign showing the most recent rating by the Commission of the service provider's performance that relates to those premises.

  • If a regulated activity is provided at a premises, and the service provider has been rated by CQC, then the rating must be displayed.
  • CQC has developed posters to help providers ensure that all the relevant information is included in an appropriate way. Using these will ensure that providers display all the information required under this regulation.
  • We have published more detailed guidance on what must be displayed in each premises.

20A(7) Any sign displayed, or anything shown on a website, under this regulation must—
(b) be displayed conspicuously in a place which is accessible to service users.

  • Whether something is conspicuous will depend on the setting. We have therefore published more detailed guidance on where and how to display.

 

Last updated:
2 April 2015