CQC writes; The intention of this regulation is to prevent people from receiving unsafe care and treatment and prevent avoidable harm or risk of harm. Providers must assess the risks to people’s health and safety during any care or treatment and make sure that staff has the qualifications, competence, skills, and experience to keep people safe.
Providers must make sure that the premises and any equipment used are safe and where applicable, available in sufficient quantities. Medicines must be supplied in sufficient quantities, managed safely, and administered appropriately to make sure people are safe.
Providers must prevent and control the spread of infection. Where the responsibility for care and treatment is shared, care planning must be timely to maintain people’s health, safety, and welfare.
CQC understands that there may be inherent risks in carrying out care and treatment, and we will not consider it to be unsafe if providers can demonstrate that they have taken all reasonable steps to ensure the health and safety of people using their services and to manage risks that may arise during care and treatment.
CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.
CQC can prosecute for a breach of this regulation or a breach of part of the regulation if a failure to meet the regulation results in avoidable harm to a person using the service or if a person using the service is exposed to a significant risk of harm. CQC do not have to serve a Warning Notice before prosecution. Additionally, CQC may also take other regulatory action.