Hello Sheila,
I want to open a care agency, as I am not a nurse, is it possible for me to have a care agency? I have over three years experience in elderly care, support to young people with challenging behaviour and house to house care. If not what can I do to?

Answered by Sheila Scott

Dear Chika,

There is no requirement to be a qualified nurse either to manage or to own a care agency. However, there is a requirement for you to have the appropriate experience and qualifications.

Within the guidance, Regulation 7: Requirements relating to registered managers you can find really useful information which includes the following:

“The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 Regulation 7 states that the intention of this regulation is to ensure that people who use services have their needs met because the regulated activity is managed by an appropriate person.

This is because providers who comply with the regulations will have a registered manager who:

• Is of good character.
• Is able to properly perform tasks that are intrinsic to their role.
• Has the necessary qualifications, competence, skills and experience to manage the regulated activity.
• Has supplied them with documents that confirm their suitability.

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.”

It seems to me that you have experience of care but you do not say whether you have management experience.

I also do not know if you have the necessary qualifications, competence, skills and experience to manage the regulated activity and finally I do not know if you have the requisite skills to run a business.

My advice to you at this point can only be to contact the CQC call centre and discuss with them whether or not you meet the criteria to be registered as a manager or a provider,

If I had more information particularly relating to your qualifications, competence, skills and experience to manage then I could give you better advice.

I look forward to hearing from you.

Sheila