Law and regulation questions

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

The Health and Care Act 2022 introduced 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 was required publish a Code of Practice to provide guidance about how to meet this legal requirement for training on learning disability and autism.  

The government completed the consultation on the draft Oliver McGowan Code of Practice in 2023. The consultation feedback was analysed and considered before finalising the Oliver McGowan Code of Practice, which will guide providers on how to meet the new legislative training requirement. For more information and updates, visit the gov.uk Oliver McGowan code of practice webpage. 

56. Who does the 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 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 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 requirement, and like all CQC guidance to the regulations, providers must have due regard to it. 

The Oliver McGowan Code of Practice is also available for CQC-registered providers to supporting their understanding on how they can meet the legal requirement for learning disability and autism training for their staff.   

57. What does the Code of Practice cover?

The Oliver McGowan Code of Practice explains how providers can meet the legal requirement for learning disability and autism training going forward. The Code of Practice sets out four standards which outline minimum training requirements including: expectations on training content at different levels; that training is co-produced and co-delivered; and how training should be monitored and evaluated.

Compliance with the standards is expected to ensure that every member of staff receives high quality learning disability and autism training that meets their learning needs and is appropriate to their role.

58. When will the Code of Practice be available?

Following the consultation, the Oliver McGowan Code of Practice was published in June 2025. For more information and updates, visit the gov.uk Oliver McGowan code of practice webpage. 

59. How will this new training requirement be enforced?

CQC regulate health and social care providers registered with CQC on the training requirements on learning disability and autism, under the requirements of Regulation 18 Staffing.   

The CQC will act with due proportionality, on a case-by-case basis, and will refer to the Oliver McGowan Code of Practice.   More information is available here: Training staff to support autistic people and people with a learning disability - Care Quality Commission (cqc.org.uk).

Specific queries can be sent to askpolicyandstrategy@cqc.org.uk including ‘Oliver McGowan Mandatory Training / Code of Practice’ in the subject line.   

60. 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.

61. 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.