As a carer attending a new client how soon should a care plan be in place, is there a legal requirement?

Answered by Sheila Scott

Dear Alison,

Regulation 9 (relating to Person-centred care) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 identifies the requirement for providers  to make sure that each person receives appropriate person-centred care and treatment that is based on an assessment of their needs and preferences.

If you go to the following page on CQC’s website you will find information about the regulation around care planning plus guidance etc.

http://www.cqc.org.uk/content/regulation-9-person-centred-care#full-regulation

It is not possible in most circumstances for a care worker to deliver care if an assessment has not been carried out.

This should happen either before or on admission and the care that has to be delivered should be clearly identified.

It is of course possible that if an individual were admitted to a service as an emergency that a full assessment would not have been carried out but it should be undertaken as soon as possible.

CQC also says that: “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.”

Best wishes.

Sheila