Hello Sheila, I want to open a domiciliary agency, do I have to have a manager that is qualified level 5 in health and social care, nursing or social work or can I manage it myself?

 

Answered by Sheila Scott

Dear M,

Thank you for your question.

Whether or not you could become the Registered Manager depends on whether you have the relevant experience or qualifications to become the Registered Manager.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 7 says:

A person (M) shall not manage the carrying on of a regulated activity as a registered manager unless M is fit to do so.

M is not fit to be a registered manager in respect of a regulated activity unless M is –

of good character,

has the necessary qualifications, competence, skills and experience to manage the carrying on of the regulated activity,

able by reason of M’s health, after reasonable adjustments are made, of doing so, and

able to supply to the Commission, or arrange for the availability of, the information relating to themselves specified in Schedule 3.

In assessing an individual’s character for the purposes of paragraph (2)(a), the matters considered must include those listed in Part 2 of Schedule 4.

CQC goes on to say on its website 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.

My belief is that to become the Registered Manager immediately on registration of your business you will need to have at least two years’ experience working in a senior position in a domiciliary care agency or a similar environment.

If you have experience then you will also have some qualifications. You have not told me if you have experience or other qualifications.

I believe that if CQC were satisfied with the experience that you have they might then make it a condition of registration that you either complete (you could begin the course before you apply for registration) or undertake a level 5 qualification in health and social care.

All of this is just my opinion because the experience and expertise that you have will be the key to what happens. Not only do you have to apply but you also have to participate in an interview so to become a Registered Manager is a robust process and it is impossible for me to say whether or not you have the experience, qualifications and leadership skills required. You will also be required to have a DBS check undertaken.

I hope this is helpful.

If you want to send me more information I could perhaps give you further advice.

With best wishes.

Sheila