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Regulation 9: Person-centred care
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 9
The intention of this regulation is to make sure that people using a service have care or treatment that is personalised specifically for them. This regulation describes the action that providers must take to make sure that each person receives appropriate person-centred care and treatment that is based on an assessment of their needs and preferences.
Providers must work in partnership with the person, make any reasonable adjustments and provide support to help them understand and make informed decisions about their care and treatment options, including the extent to which they may wish to manage these options themselves.
Providers must make sure that they take into account people's capacity and ability to consent, and that either they, or a person lawfully acting on their behalf, must be involved in the planning, management and review of their care and treatment. Providers must make sure that decisions are made by those with the legal authority or responsibility to do so, but they must work within the requirements of the Mental Capacity Act 2005, which includes the duty to consult others such as carers, families and/or advocates where appropriate.
Please see the glossary for important clarification of the terms "appropriate care and treatment"; "needs"; "preferences"; and "relevant person".
CQC cannot prosecute for a breach of this regulation or any of its parts, but we can take 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
9.—
- The care and treatment of service users must—
- be appropriate,
- meet their needs, and
- reflect their preferences.
- But paragraph (1) does not apply to the extent that the provision of care or treatment would result in a breach of regulation 11.
- Without limiting paragraph (1), the things which a registered person must do to comply with that paragraph include—
- carrying out, collaboratively with the relevant person, an assessment of the needs and preferences for care and treatment of the service user;
- designing care or treatment with a view to achieving service users' preferences and ensuring their needs are met;
- enabling and supporting relevant persons to understand the care or treatment choices available to the service user and to discuss, with a competent health care professional or other competent person, the balance of risks and benefits involved in any particular course of treatment;
- enabling and supporting relevant persons to make, or participate in making, decisions relating to the service user's care or treatment to the maximum extent possible;
- providing opportunities for relevant persons to manage the service user's care or treatment;
- involving relevant persons in decisions relating to the way in which the regulated activity is carried on in so far as it relates to the service user's care or treatment;
- providing relevant persons with the information they would reasonably need for the purposes of sub-paragraphs (c) to (f);
- making reasonable adjustments to enable the service user to receive their care or treatment;
- where meeting a service user's nutritional and hydration needs, having regard to the service user's well-being.
- Paragraphs (1) and (3) apply subject to paragraphs (5) and (6).
- If the service user is 16 or over and lacks capacity in relation to a matter to which this regulation applies, paragraphs (1) to (3) are subject to any duty on the registered person under the 2005 Act in relation to that matter.
- But if Part 4 or 4A of the 1983 Act applies to a service user, care and treatment must be provided in accordance with the provisions of that Act.
Guidance
Component of the regulation |
Providers must have regard to the following guidance |
9(1) The care and treatment of service users must – (a) be appropriate, (b) meet their needs and (c) reflect their preferences |
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9(2 ) But paragraph (1) does not apply to the extent that the provision of care or treatment would result in a breach of regulation 11. |
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9(3) Without limiting paragraph (1), the things which a registered person must do to comply with that paragraph include– |
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9(3)(a ) carrying out, collaboratively with the relevant person, an assessment of the needs and preferences for care and treatment of the service user; |
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9(3)(b) designing care or treatment with a view to achieving service users' preferences and ensuring their needs are met |
|
9(3)(c) enabling and supporting relevant persons to understand the care or treatment choices available to the service user and to discuss, with a competent health care professional or other competent person, the balance of risks and benefits involved in any particular course of treatment; |
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9(3)(d) enabling and supporting relevant persons to make, or participate in making, decisions relating to the service user's care or treatment to the maximum extent possible; |
|
9(3)(e) providing opportunities for relevant persons to manage the service user's care or treatment; |
|
9(3)(f) involving relevant persons in decisions relating to the way in which the regulated activity is carried on in so far as it relates to the service user's care or treatment; |
|
9(3)(g) providing relevant persons with the information they would reasonably need for the purposes of sub-paragraphs (c) to (f); |
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9(3)(i) where meeting a service user's nutritional and hydration needs, having regard to the service user's well being |
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Related legislation
Children and Young Persons Act 1933
The Medicines Act 1968 is still the current Act of legislation but there has also been a further piece of work carried out to consolidate all the amendments made to the Act which was completed in 2012. This is:
The Human Medicines Regulations 2012
The Human Medicines Regulations 2012
Related guidance
Care, treatment and support
Adult social care outcomes framework 2015/16 (Department of Health)
Living well through activity in care homes: the toolkit (College of Occupational Therapists)
Continence
For all services
Improving continence care for patients (Royal College of Nursing)
Dignity and respect
For all services
Dignity in Care – SCIE guide 15 (Social Care Institute for Excellence, June 2010 (updated May 2013))
End of life care
For all services
Quality standard for end of life care for adults (National Institute for Health and Care Excellence)
End of life care guidance (General Medical Council)
Five priorities for care of the dying person (NHS England)
End of life care resources (Social Care Institute for Excellence)
General resource
For all services
National Institute for Health and Care Excellence (NICE)
Medicines
Managing medicines in care homes (National Institute for Health and Care Excellence)
Mental capacity
For all services
Mental Capacity Act 2005 Code of Practice
Mental Capacity Act resources (Social Care Institute for Excellence)
Mental health
Provision of mental health care for adults who have a learning disability (Royal College of Nursing)
Provision of mental health care for adults who have a learning disability (Royal College of Nursing)
Common core principles for mental health and wellbeing in adult social care (Skills for Care)
Personalised care
For all services
Dementia: NICE quality standard 1 (National Institute for Care Excellence, 2010)
Guidance on personalisation (Social Care Institute for Excellence)
Guidance on personalisation (Social Care Institute for Excellence)
Think Local Act Personal Partnership guidance on personalisation
Restrictive practice/restraint
Safeguarding
Staff support and training
- Last updated:
- 03 January 2019