Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, if he will bring forward regulations to give the Care Quality Commission (CQC) powers to demand that all contractors providing a service that requires regulation with the CQC notify the CQC of who their subcontractors are; and if he will make a statement.

The Care Quality Commission (CQC) is the independent regulator of health and adult social care in England.

It is an offence under the Health and Social Care Act 2008 to carry out a regulated activity without being registered with the CQC.

Sub-contractors are classed as individual providers when they are providing a regulated activity. It is the individual provider’s responsibility to register with the CQC. It is not the CQC’s role to seek out providers which should be registered. However, if it comes to the CQC’s attention that a provider may have been delivering a regulated activity without registration then the CQC will investigate. If the CQC find evidence to show that regulated activity is or has been delivered whilst unregistered the CQC may prosecute.

The NHS Standard Contract states:

“The Provider must provide the Co-ordinating Commissioner with the following documents:

1- Evidence of CQC registration in respect of Provider and Material Sub-Contractors (where required)

2- Evidence of Monitor’s Licence in respect of Provider and Material Sub-Contractors (where required)

3- Copies of all Mandatory Material Sub-Contracts, signed and dated and in a form approved by the Co-ordinating Commissioner”