Health and care Red Tape Challenge update

The Department of Health’s (DH’s) Red Tape Challenge on health and social care legislation, which was launched in November 2012, has resulted in a list of regulations that will be removed or improved.

Consideration was given to the relevance of 555 regulations across the areas of: public health, quality of care and mental health, NHS, and professional standards. Following the process, the DH identified the regulations to be scrapped or improved.

The publication Healthy Living and Social Care Red Tape Challenge Theme: Proposed List of Department of Health Regulations to Scrap or Improve lists 128 of the regulations to be scrapped and another 252 to be improved.

Changes include working with the Department for Communities and Local Government to reduce duplication of care home inspections by the Care Quality Commission (CQC) and local authorities, and reviewing the deprivation of liberty forms used by hospitals and care homes where authorisation is needed to deprive a person of their liberty when they lack the mental capacity to consent to treatment or care.

Also, many professional standards regulations have been simplified.

Comments of a non-regulatory nature have resulted in the reduction of the number and, in some cases, complexity of the deprivation of liberty safeguards forms, which had made it difficult and time consuming for people to use, to make them more user-friendly.

Another non-regulatory improvement will be a reduction in the amount of unnecessary guidance issued by the CQC when they introduce new fundamental standards of care, saving time for those familiarising themselves with it.

Legislation to be scrapped includes the Care Standards Act 2000 (Domiciliary Care Agencies and Nurses Agencies) (Amendment) (England) Regulations 2003, Care Quality Commission (Additional Functions) Regulations 2009 (which was revoked in 2011), and Care Quality Commission (Registration) Amendment Regulations 2010 (revoked in 2012).

Some of the regulations to be improved include the Care Quality Commission (Registration) and (Additional Functions) and Health and Social Care Act 2008 (regulated activities) (amendment) Regulations 2012, The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011, Care Quality Commission (Registration) Regulations 2009, and Health and Social Care Act 2008 (Regulated Activities) Regulations 2010.

The full list is available at