CQC Regulation 15: premises and equipment, what to keep on record.

The regulation in full

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (SI 2014/2936), regulation 15, Premises and equipment:

Source: legislation.gov.uk, SI 2014/2936 regulation 15, latest revised text. The dash that ends each introductory line is shown as a colon; the rest is as published, including the missing comma after (d).

Who it applies to

• Providers registered with CQC, in England. Regulated activities under the Health and Social Care Act 2008 involve care provided in, or in relation to, England (section 8(2)(a)), and CQC is the independent regulator of health and adult social care in England. Scotland, Wales and Northern Ireland have their own regulators: the Care Inspectorate, Care Inspectorate Wales and the Regulation and Quality Improvement Authority (RQIA).
• You, even when a contractor does the work. CQC’s guidance says providers “retain legal responsibility under these regulations when they delegate responsibility through contracts or legal agreements to a third party, independent suppliers, professionals, supply chains or contractors”, and that responsibility for any shortfall rests with the provider.
• Not to equipment in a person’s own home that you didn’t supply, where the accommodation is not part of their care (regulation 15(3)), though CQC expects the provider to make every effort to make sure it is clean, safe and suitable for use. See who is responsible for equipment in supported living.
• Enforcement. CQC says it cannot prosecute for a breach of this regulation or any of its parts, but can take regulatory action, and must refuse registration if a provider cannot satisfy it that it can and will continue to comply.

What CQC’s guidance asks for on equipment

The middle column quotes CQC’s guidance for each part of the regulation. The right-hand column is our suggestion of the record that usually shows it: CQC’s guidance does not list records, and an inspector may ask for something else.

Source: CQC, Regulation 15: Premises and equipment, guidance on 15(1)(a), (c), (d) and (e), (f) and 15(2). The 15(1)(a) quotation joins three items of a bulleted list.

The equipment records a care home usually keeps

CQC’s guidance says providers must meet the requirements of relevant legislation so that equipment is properly used and maintained. In a care home that usually means:

• Hoists and slings: a LOLER thorough examination at least every 6 months for each one (LOLER 1998 regulation 9(3)(a)), and the examiner’s reports. See LOLER for hoists and slings in care homes.
• Beds and bed rails: traceable rails and records of their inspections, repairs and maintenance, as MHRA’s bed rail guidance says. See how often bed rails should be checked.
• Portable appliances: user checks, visual inspections and tests on the intervals your risk assessment sets. See how often PAT testing is needed.
• Fire equipment and fire doors: maintenance under the fire safety order, with the checks your fire risk assessment calls for. See the fire door inspection register template.
• Water systems: the legionella risk assessment and the temperature and flushing records that follow from it. See the legionella water hygiene logbook.

Which of these Hovermarks helps you keep

• The equipment register. One QR-labelled record per hoist, sling, bed, rail, appliance, fire door or outlet, with its site, location, status (Active, Out of service or Retired), make, model, serial number, purchase date and expected life.
• The maintenance schedule. A schedule per category or per item, with an email on the day something is due and daily once it is overdue.
• Examinations and checks. Built-in templates for patient hoists, slings, profile beds with bed rails, PAT, fire alarms, extinguishers, fire doors and water outlets, each completed on a phone against the item. LOLER reports of thorough examination are produced from the examination.
• Reports from outside examiners. A contractor you invite records the work in your account under their name and company. On Professional, a report from someone who doesn’t use Hovermarks can be added as a certificate on the item, with expiry reminders.
• What you did about each finding. A failing answer on a flagged question opens a defect, a manager turns it into a work order, and completing the work order resolves the defect, each with its date.
• Something to hand over. An Admin can generate an auditor pack: one PDF of a site’s inspections for a period and their audit-log entries.

What it doesn’t keep: staff training records, residents’ risk assessments, care plans and handling plans, and your cleaning schedule unless you build a checklist for it. It records the evidence; it doesn’t decide whether a regulator will accept it. More on the care homes solution page.

Frequently asked questions

What does CQC Regulation 15 say about equipment?

Regulation 15 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 says all premises and equipment used by the service provider must be clean, secure, suitable for the purpose for which they are being used, properly used, properly maintained and appropriately located for the purpose for which they are being used. The registered person must also maintain standards of hygiene appropriate for those purposes.

Does Regulation 15 list the records a care home must keep?

No. The regulation sets the standard and CQC's guidance says what providers must have regard to, such as regular health and safety risk assessments of premises and equipment, and arrangements for the service, maintenance and replacement of equipment that meet current legislation and guidance and the manufacturer's instructions. The records are how you show you meet it.

Does Regulation 15 require LOLER inspections?

Not by name. CQC's guidance says providers must meet the requirements of relevant legislation so that premises and equipment are properly used and maintained. LOLER is that legislation for hoists and slings: it requires a thorough examination at least every 6 months for lifting equipment for lifting people and for lifting accessories. LOLER itself is enforced by HSE or the local authority, not CQC.

Can CQC prosecute for a breach of Regulation 15?

No. CQC says it cannot prosecute for a breach of this regulation or any of its parts, but it can take regulatory action. It also says it must refuse registration if a provider cannot satisfy it that it can and will continue to comply.

Who is responsible when a contractor services our equipment?

You are. CQC's guidance says providers retain legal responsibility under these regulations when they delegate responsibility through contracts or legal agreements to a third party, independent suppliers, professionals, supply chains or contractors, and that responsibility for any shortfall rests with the provider. So the examiner's or servicer's reports need to reach your own records.

Does Regulation 15 apply in Scotland, Wales or Northern Ireland?

No. Regulated activities under the Health and Social Care Act 2008 are care provided in, or in relation to, England, and CQC regulates health and adult social care in England. Scotland, Wales and Northern Ireland have their own regulators: the Care Inspectorate, Care Inspectorate Wales and the Regulation and Quality Improvement Authority (RQIA).

Related: Hovermarks for care homes, LOLER for hoists and slings, how often bed rails should be checked, hoist and sling register, equipment responsibilities in supported living.