Law and regulation questions

41. What does the Health and Care Act 2022 say about the new learning disability and autism training requirement?

The Health and Care Act 2022 introduces a requirement that providers registered with the CQC must ensure that each person working for the purpose of regulated activities carried on by them receives training on learning disability and autism which is appropriate to the person’s role.

As set out in the Health and Care Act 2022, the government is also required to publish a Code of Practice to provide guidance about how to meet this new legal requirement for training on learning disability and autism.

The government has now closed the consultation on the draft Oliver McGowan Code of Practice. The consultation feedback is now being anaylsed. For more information and updates, visit the gov.uk Oliver McGowan code of practice consultation webpage.

The CQC has provided statutory guidance on how to meet their legislative requirement while the Code of Practice is being developed and new requirements for health and social care providers.

The new legal requirement for training on learning disability and autism and the Code of Practice is set out in section 181 of the Act.

42. Who does the new requirement in the Health and Care Act 2022 apply to?

Service providers who are registered with CQC in respect of a regulated activity must comply with this new requirement for training on learning disability and autism. A service provider is an individual, partnership or organisation who provides, or intends to provide, health or adult social care services in England which include regulated activities. For further information, read the CQC regulated activities webpage. Like all CQC regulations, the new requirement applies to all CQC registered providers whatever the setting or population group, for example a care home, dentist, GP surgery or hospital.

Staff in administrative and support roles are considered to be part of the delivery of regulated activity as they work alongside more direct support staff. Consideration should be given to what training is appropriate to the person’s role.

CQC statutory guidance will assist providers in knowing how to meet this new requirement, and like all CQC guidance to the regulations, providers must have due regard to it.

43. What will the Code of Practice say?

The Code of Practice will explain how providers can meet the new legal requirement for learning disability and autism training going forward. The Code of Practice will outline the content, delivery, and ongoing monitoring and evaluation of The Oliver McGowan Mandatory Training on Learning Disability and Autism which is the government’s preferred and recommended training for health and social care staff.

The government has now closed the consultation on the draft Oliver McGowan Code of Practice. 

44. When will the Code of Practice be available?

The government has now closed the consultation on the draft Oliver McGowan Code of Practice. The consultation feedback is now being anaylsed. For more information and updates, visit the gov.uk Oliver McGowan code of practice consultation webpage.

Until the Code of Practice is finalised, the CQC has updated its statutory guidance on Regulation 18 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Like all CQC guidance to the regulations, providers will be expected to have regard to it.

45. How will this new training requirement be enforced?

The existing CQC Enforcement policy will be applied in any determination of a breach of regulation and in considering appropriate regulatory action. CQC will act with due proportionality and consider all relevant circumstances on a case-by-case basis, with respect to the new requirement, including providers’ application of CQC statutory guidance.

46. Weren’t providers registered with the CQC required to ensure their staff have the appropriate training for their role prior to the requirements introduced in the Health and Act 2022?

Service providers were already required to provide appropriate training for their staff to enable them to carry out the duties they are employed to perform. This is set out in Regulation 18: Staffing – Care Quality Commission (cqc.org.uk) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

However, from 1 July, the new legal requirement is that CQC regulated service providers are “to ensure that each person working for the purpose of the regulated activities carried on by them receives training on learning disability and autism which is appropriate to the person’s role”. You can also read Health and Care Act 2022 and the CQC’s updated statutory guidance for Regulation 18.

In other words, although Regulation 18 already said that providers needed to provide training that was appropriate for their staff, the new requirement makes explicit that all staff working for CQC regulated services must receive training on learning disability and autism that is appropriate to their role.

Employers should carefully consider the type of contact their staff have with people who have a learning disability and autistic people and provide training suitable to meet their needs. This may include staff such as receptionists, administrative, kitchen staff, housekeeping, and other relevant employees.

47. If a service is not CQC regulated does this mean their staff do not have to complete the training?

Right to be heard, the government response to the consultation on proposals for introducing mandatory learning disability and autism training for health and social care staff, stated that the government would introduce legislation for CQC registered providers and consider how to achieve the same expectation for other parts of the health and care workforce.

Whilst there is currently no specific statutory requirement for providers who are not registered with CQC, the government encourages all employers to ensure that their staff receive training in learning disability and autism, including how to interact appropriately with autistic people and people who have a learning disability. This should be at a level appropriate to their role.  

We are receiving positive engagement on the programme from other health and care services not regulated by the CQC to ensure this important culture change happens to address the health inequalities people with a learning disability and autistic people face.

Employers using The Oliver McGowan Mandatory Training on Learning Disability and Autism can have the confidence that this training is recognised by national bodies advising on standards for the sector.