Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what the reasons were for changes contained in the proposed new regulations for care homes before parliament to remove the provisions in the current regulations that (a) the care provider must bring the complaints procedure to the attention of residents as in current Regulation 19(1)(2), (b) the provider must plan for and have emergency procedures in place as in current Regulation 9(2) and (c) providers must give residents a choice of food as in current Regulation 14(2).

The draft Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 that are currently before Parliament will put in place new requirements for registration with the Care Quality Commission (CQC), and will include fundamental standards as recommended by the Inquiry in to Mid Staffordshire Foundation Trust Hospital.

The new regulations clarify the requirements providers must meet, and improve the CQC’s ability to bring prosecutions for serious breaches that result in harm or a serious risk of harm to service users.

While the wording of the regulations has changed, it will still be possible for the CQC to take action against a provider who did not have an accessible complaints procedure, and against a provider who had no plans in place to deal with emergencies such civic emergencies and floods. The new regulations also require that a person’s nutritional needs must be met, and that a person’s preferences must be taken in to account, and met where possible.