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Definitions from

Care Quality Commission

Definitions from the Care Quality Commission's Glossary of terms used in the guidance for providers and managers and other CQC publications.

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'I' statement

CQC website

I statements are what people expect. They are based on Think Local Act Personal’s ‘Making It Real’ framework.

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AMHP service

CQC - AMHP briefing document, p. 4

The Mental Health Act (MHA) places on local authorities the duty to provide AMHP services. Local authorities are responsible for ensuring that enough AMHPs are available to carry out their roles under the MHA, including assessing patients to decide whether an application for detention should be made. They should have arrangements in place to provide a 24-hour service that can respond to patients' needs in a timely way. Currently, each local authority is responsible for its own AMHP provision, approval system and standards. There are no set governance processes for how local authorities should run their AMHP services, and in recent years there have been a number of policy and practice developments that have had a direct effect on the way AMHP services are run. Local authorities have a number of key duties in the MHA regulations in relation to AMHPs who carry out assessments on their behalf, which cannot be delegated to NHS providers. These include: - Ensuring that all AMHPs have access to professional supervision and support in their role as AMHPs. - Provide a minimum of 18 hours of refresher training, relevant to the AMHP role each year - as determined by the local authority. - Responsibility for the health and safety of AMHPs while they are carrying out assessments on their behalf. - Responsibility for professional competence in their role as AMHP, and for removing or suspending their warrant as necessary. - Legal indemnity while carrying out the AMHP role. - Access to legal advice while carrying out AMHP duties.

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Abuse

CQC Glossary of terms used in the guidance for providers and managers

Under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, 'abuse' means: Any behaviour towards a person using services that is an offence under the Sexual Offences Act 2003. Ill-treatment of a person whether of a physical or psychological nature. Theft, misuse or misappropriation of money or property belonging to a person using services, or Neglect of a person using services.

Further information

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Accessible Information Standard

Care Quality Commission

FIVE STEPS OF AIS IDENTIFY: How does the service assess for disability related information or communication needs? How does the service find out if people have any of these needs? How does the service plan how it will meet those needs? RECORD: How does the service record those identified needs clearly? What systems are in place as part of the assessment and care planning process? FLAG: How does the service highlight or flag people’s information and communication needs in their records? This could be in paper or electronic records. The chosen method must make it possible for all staff to quickly and easily be aware of (and work to meet) those needs. SHARE: Services sometimes need to share details of people’s information and communication needs with other health and social care services. This means that other services can also respond to the person's information and communication needs. How does the service do this (when they have consent to do so)? MEET: How does the service make sure it meets people’s needs? How does the service make sure that people receive information which they can access and understand? How does the service arrange communication support if people need it? For example, patients and people using a service should: - be able to contact (and be contacted by) services in accessible ways, such as via email, text message or Text Relay - receive information and correspondence in formats they can read and understand. This could be, for example, in audio, braille, easy read or large print - be supported by a communication professional at appointments if needed to support conversation. This could be a British Sign Language interpreter get support from health and care staff and organisations to communicate. This could include help to lip-read or use a hearing aid MONITORING AND INSPECTION During inspections, we will look at these five steps by talking to staff and people using the service. Wherever possible, our inspectors will review the assessment and care plan of at least one person using the service who is affected by AIS. These will be selected as part of our usual inspection evidence-gathering. In addition to inspections, we will also ask you how you are meeting AIS through annual Provider Information Requests/Collections. INSPECTION REPORTS In adult social care reports, AIS findings will be covered under Responsive.

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Accessible Information Standard

Care Quality Commission

The link sets out the approach the CQC will take to the Accessible Information Standard in their new approach to assessment. This will apply to care providers and local authority assessments.

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Accredited voluntary register

CQC Glossary of terms used in the guidance for providers and managers

A register that has been accredited by the Professional Standards Authority. This means that the organisation that holds the register meets demanding standards set by the Authority in: governance, setting standards for registrants, education and training, managing the register, providing information and handling complaints. A voluntary register differs from a statutory register because practitioners are not obliged to be registered in order to practise.

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Adequate

CQC Glossary of terms used in the guidance for providers and managers

Sufficient for a specific requirement.

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Advance decision to refuse treatment

CQC Glossary of terms used in the guidance for providers and managers

A decision to refuse specified medical treatment, made in advance by a person who has the mental capacity to do so. In this way, people can refuse medical treatment for a time in the future when they may lack the capacity to consent to, or refuse, that treatment.

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Advocacy

CQC Glossary of terms used in the guidance for providers and managers

The action of an advocate, or the services provided by one or more advocates on behalf of another person. It involves taking action to help people to say what they want, securing their rights, representing their interests and obtaining the services they need. Advocacy is most effective when carried out by a person who is independent of the services being provided.

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Advocate

CQC Glossary of terms used in the guidance for providers and managers

Advocate can be used in a general sense, as one who speaks on behalf of another, or it can have special meanings derived from the Mental Health Act 1983 and the Mental Capacity Act 2005. There are formal and informal advocates and these can be: - Individuals acting informally: -- Carers -- Relatives -- Partners -- Neighbours or friends -- Staff. - Those prescribed by legislation, such as Independent Mental Health Advocates and Independent Mental Capacity Advocates. - Those provided by schemes run by local authorities, the NHS and charities.

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Age assessment

Deprivation of Liberty Safeguards Code of Practice

An assessment, for the purpose of the deprivation of liberty safeguards, of whether the relevant person has reached age 18.

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Agreement (in relation to a signed document)

CQC Glossary of terms used in the guidance for providers and managers

Usually a document that sets out the understanding between two or more individuals or entities about their enforceable rights and duties regarding their performance and consideration in accordance with their agreement. While an agreement usually leads to a written contract, it can also be recorded in different ways and may also be spoken, rather than written.

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Apology

CQC Glossary of terms used in the guidance for providers and managers

An expression of sorrow or regret in respect of a notifiable safety incident.

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Appropriate care and treatment

CQC Glossary of terms used in the guidance for providers and managers

Making sure that care and treatment is actually what the person needs. Not over-treatment, unnecessary care or treatment, or care or treatment that is disproportionately involved or complicated.

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Approved mental health professional

CQC - AMHP briefing document, p. 3

Approved Mental Health Professionals (AMHPs) work on behalf of local authorities to carry out a variety of functions under the Mental Health Act (MHA). One of their key responsibilities is to make applications for the detention of individuals in hospital, ensuring the MHA and its Code of Practice are followed. It is the AMHP's duty, when two medical recommendations have been made, to decide whether or not to make the application for the detention of the person who has been assessed under the MHA, also known as sectioning. This includes considering the correct legal frameworks (Mental Capacity Act, including Deprivation of Liberty Safeguards), including alternatives to admission, ensuring that the patient is involved, and identifying and involving their nearest relative . Each local authority must make sure an AMHP service is provided, and they are responsible for the approval and registration of AMHPs. Most AMHPs are social workers, but AMHPs can also come from a range of professions, for example psychology or nursing. There is no national database that tells us how many AMHPs there are in England or that captures how many social workers are also authorised as an AMHP. Typically, individuals will be authorised by the local authority, but will work across a variety of teams in healthcare providers, including community mental health teams, and crisis resolution and home treatment teams. They will also work in emergency duty teams, which are predominantly local authority employed and led.

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Audit

CQC Glossary of terms used in the guidance for providers and managers

A thorough examination or evaluation.

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Autonomy

CQC Glossary of terms used in the guidance for providers and managers

Independence or freedom.

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Bankruptcy Restriction Order

CQC Glossary of terms used in the guidance for providers and managers

An order made by a court in a bankruptcy case if it feels that the person who filed for bankruptcy has engaged in culpable or dishonest conduct. A person subject to a Bankruptcy Restriction Order is under certain restrictions for a period of between two and 15 years. A Bankruptcy Restriction Order is not lifted when the bankruptcy is discharged.

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Barred list

CQC Glossary of terms used in the guidance for providers and managers

Lists maintained by the Disclosure and Barring Service (DBS) of individuals who are unsuitable to work with children or vulnerable adults.

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Best interests assessment

Deprivation of Liberty Safeguards Code of Practice

An assessment, for the purpose of the deprivation of liberty safeguards, of whether deprivation of liberty is in a detained person’s best interests, is necessary to prevent harm to the person and is a proportionate response to the likelihood and seriousness of that harm.

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Bind over

CQC Glossary of terms used in the guidance for providers and managers

An adult accused of an offence may be bound over to appear at a court, or to be of good behaviour, or to keep the peace. If they refuse to accept a bind over, the person may be committed to prison. A bind over may be imposed with other penalties following conviction but is not a conviction and does not go onto a criminal record.

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Care home services with nursing

CQC

Care home services with nursing (CHN) A care home is a place where personal care and accommodation are provided together. People may live in the service for short or long periods. For many people, it is their sole place of residence and so it becomes their home, although they do not legally own or rent it. Both the care that people receive and the premises are regulated. In addition, qualified nursing care is provided, to ensure that the full needs of the person using the service are met. Examples of services that fit under this category: Nursing home Convalescent home with nursing Respite care with nursing Mental health crisis house with nursing.

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Care home services without nursing

CQC

Care home services without nursing (CHS) A care home is a place where personal care and accommodation are provided together. People may live in the service for short or long periods. For many people, it is their sole place of residence and so it becomes their home, although they do not legally own or rent it. Both the care that people receive and the premises are regulated. Examples of services that fit under this category: Residential home Rest home Convalescent home Respite care Mental health crisis house Therapeutic communities.

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Care provider

CQC

The CQC regularly refers to "care providers" as the legal entity carrying on a regulated activity. Providers can be an individual, a partnership or an organisation. Providers in the adult social care sector include care homes, home care companies, specialist colleges, extra care housing, Shared Lives schemes and supported living services.

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Carer

CQC Glossary of terms used in the guidance for providers and managers

Carers look after their family, partners or friends who are in need of help because they are ill, frail, or have a disability. The care they provide is unpaid. Carers include young carers. The term does not include paid care workers or people who undertake voluntary work.

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Caring

CQC Glossary of terms used in the guidance for providers and managers

By caring, we mean that staff involve and treat people with compassion, kindness, dignity and respect.

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Carry on

CQC Glossary of terms used in the guidance for providers and managers

To provide, run or manage the provision of, a regulated activity.

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Child

CQC Glossary of terms used in the guidance for providers and managers

The Children Act 1989 and the Children Act 2004 define a child as being a person up to the age of 18 years. However, the Children Act 2004 states that in certain circumstances safeguarding, protection and cooperation between services may be continued through to a young person's 19th birthday or beyond.

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Commissioner

CQC Glossary of terms used in the guidance for providers and managers

A person or organisation that buys services on behalf of the people living in the area that the commissioner covers. This may be for a population as a whole, or for individuals who need specific care, treatment and support.

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Community-based services for people who misuse substances

CQC

Community-based services for people who misuse substances (SMC) These services are provided in the community for people who misuse drugs and/or alcohol. They provide care, treatment and support, both pharmacological and psychosocial, and help with social and other needs so that people can reintegrate into their communities. They employ a broad range of health and social care professionals to meet the needs of people who use their services. Examples of services that fit under this category: Community drug and alcohol teams Prescribing services.

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Community-based services for people with a learning disability

CQC

Community-based services for people with a learning disability (LDC) These services provide care, treatment and support in the community for people with a learning disability, through a wide range of service models. They employ a broad range of health and social care professionals mainly in multi-disciplinary teams. They help people to live as independently as possible, manage their condition and improve it where this is possible. People using these services may receive support over a long period or for short-term interventions. They may move between the various community teams to ensure that their changing needs are met. Examples of services that fit under this category: Community learning disability teams Challenging behaviour/outreach teams.

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Community-based services for people with mental health needs

CQC

Community-based services for people with mental health needs (MHC) These services provide care, treatment and support in the community for people with mental health needs, through a wide range of service models. They employ a broad range of health and social care professionals mainly in multi-disciplinary teams. They help people to recover by providing a broad range of interventions reflecting the psychological, social and physical needs of the individual. People using these services may receive support over a long period or for short-term interventions. They may move between the various community teams to ensure that their changing needs are met, or be in contact with them simultaneously. This may include providing care, treatment and support to people subject to supervised community treatment under the Mental Health Act 1983 (amended in 2007). Examples of services that fit under this category: Child and adolescent mental health services (CAMHS) (tiers 2, 3 and 4) Community-based services that provide assessment and treatment for people with mental health needs including: community mental health teams assertive outreach early intervention teams court diversity teams crisis resolution home treatment teams.

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Competence

CQC Glossary of terms used in the guidance for providers and managers

The application of the required level of knowledge and skills to a particular task. In applying these, a person demonstrates that they understand and use the required level of knowledge and skills.

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Competent persons

CQC Glossary of terms used in the guidance for providers and managers

People who have the required level of knowledge and skills for a particular task.

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Complaint

CQC Glossary of terms used in the guidance for providers and managers

An expression of dissatisfaction with something. This can relate to any aspect of a person's care, treatment or support and can be expressed verbally, in gesture or in writing.

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Compliance

CQC Glossary of terms used in the guidance for providers and managers

Meeting or conforming with defined requirements.

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Composition, arrangement or trust deed with creditors

CQC Glossary of terms used in the guidance for providers and managers

Various forms of agreement made by an insolvent or financially pressed debtor with two or more creditors to pay part or all of what they owe.

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Consent

CQC Glossary of terms used in the guidance for providers and managers

A person's agreement to, or permission for, a proposed action, particularly any form of examination, care, treatment, or support. Professionals have their own codes of practice that indicate how they should manage the consent they need from people who use services. In our guidance, we recognise that the consent of a person who uses services can involve another person, and that it can be obtained, given and recorded in different ways.

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Culture

CQC Glossary of terms used in the guidance for providers and managers

Learned attitudes, beliefs and values that define a group or groups of people.

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Dignity

CQC Glossary of terms used in the guidance for providers and managers

Dignity is concerned with how people feel, think and behave in relation to the worth or value that they place on themselves and others. To treat someone with dignity is to treat them as being of worth and respecting them as a valued person, taking account of their individual views and beliefs.

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Director (Regulation 5)

CQC Glossary of terms used in the guidance for providers and managers

'Director' includes all board level appointments of NHS foundation trusts, NHS trusts and special health authorities and other bodies carrying on a regulated activity that are responsible for the overall quality and safety of care and for making sure that care meets the requirements of the HSCA 2008 (Regulated Activities) Regulations 2014. It includes executive and non-executive, permanent, interim and associate positions, irrespective of their voting rights.

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Discharge

CQC Glossary of terms used in the guidance for providers and managers

The point at which a person leaves hospital to return home or be transferred to another service or the formal point when they no longer use a service.

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Discharge (in relation to bankruptcy)

CQC Glossary of terms used in the guidance for providers and managers

A legal release from bankruptcy restrictions.

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Diversity

CQC Glossary of terms used in the guidance for providers and managers

Diversity describes the range of visible and non-visible differences that exist between people. It means understanding that each individual is unique and recognising our individual differences.

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Domiciliary care

CQC

Domiciliary care services including those provided for children (DCC) These services provide personal care for people living in their own homes. The needs of people using the services may vary greatly, but packages of care are designed to meet individual circumstances. The person is visited at various times of the day or, in some cases, care is provided over a full 24-hour period. Where care is provided intermittently throughout the day, the person may live independently of any continuous support or care between the visits. Examples of services that fit under this category: Domiciliary care agency.

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Duty of candour

CQC Glossary of terms used in the guidance for providers and managers

The duty of candour requires providers to be open with the people who use their service. When a specified safety incident has occurred in respect of care provided, the regulation sets out a clear set of legal duties on registered providers about how and when to notify people using their service (or their relevant representatives) about those safety incidents. The regulation also describes when a notification about a safety incident needs to be made to CQC.

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Effective

CQC Glossary of terms used in the guidance for providers and managers

By effective, we mean that people's care, treatment and support achieves good outcomes, promotes a good quality of life and is based on the best available evidence.

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Eligibility assessment

Deprivation of Liberty Safeguards Code of Practice

An assessment, for the purpose of the deprivation of liberty safeguards, of whether or not a person is rendered ineligible for a standard deprivation of liberty authorisation because the authorisation would conflict with requirements that are, or could be, placed on the person under the Mental Health Act 1983.

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Employment

CQC Glossary of terms used in the guidance for providers and managers

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 defines employment as: - Employment under a contract of service, an apprenticeship. - Practising privileges granted to a medical practitioner, which give permission to practise as a medical practitioner in a hospital managed by the service provider. Although volunteers and Shared Lives carers are not strictly employees, they are included in the definition for the purposes of the regulations and therefore this guidance. References to 'staff' and 'employees' therefore apply to them and temporary or agency workers.

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Enforcement action

CQC Glossary of terms used in the guidance for providers and managers

This is when CQC imposes, varies or removes conditions of registration; when we suspend or cancel a registration whether using urgent procedures or not and issuing Warning Notices, penalty notices, simple cautions; or when we prosecute a provider.

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Equipment

CQC Glossary of terms used in the guidance for providers and managers

Machines and medical devices used to help, prevent, treat or monitor a person's condition or illness. The term 'materials' used in the regulated activity or by people employed by the service provider may refer to aids that could support a person's care, treatment, support, mobility or independence. For example, a walking frame, hoist, or furniture and fittings. It excludes machinery or engineering systems that are physically affixed and integrated into the premises. The definition of medical devices above does not include items such as sheets, curtains, pillows and towels.

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Equity in access

CQC website: How we will regulate

We make sure that everyone can access the care, support and treatment they need when they need it.

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Experience (in relation to skills and knowledge)

CQC Glossary of terms used in the guidance for providers and managers

Knowledge and capability gained from previous employment or direct, personal observation, participation or contact in relevant, previous employment related activities.

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Experience (of care treatment or support)

CQC Glossary of terms used in the guidance for providers and managers

Experience can refer to the broad effects that care, treatment or support can have on a person, including their thoughts and feelings about the care, treatment and support they have received, how they interact with staff and others, or any wider impact on their life and those around them.

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Extra care

CQC

These services cover many different arrangements. Usually, they consist of purpose built accommodation in which varying amounts of care and support can be offered, and where some services and facilities are shared. The care that people receive is regulated by the Care Quality Commission, but the accommodation is not.

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Fit

CQC Glossary of terms used in the guidance for providers and managers

The person is of good character, as they are honest, reliable, trustworthy and respectful, and that they have the right qualifications, competence, skills and experience to perform their role.

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Good character

CQC Glossary of terms used in the guidance for providers and managers

A person who is of good character is honest, reliable, trustworthy and respectful. When assessing whether an individual is of good character, providers should make every effort to make sure that as a minimum, they seek all available information to confirm that: - They have not been convicted of an offence in any country that would be considered an offence in the UK, if the offence relates to the conduct required in carrying on a regulated activity. - They have not been erased, removed or struck off a professional register.

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Harm

CQC Glossary of terms used in the guidance for providers and managers

Physical or psychological damage or injury.

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Healthcare

CQC Glossary of terms used in the guidance for providers and managers

The preservation of mental and physical health by preventing or treating illness through services offered by the health professions, including those working in medical, surgical or social care settings.

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Healthcare professional

CQC Glossary of terms used in the guidance for providers and managers

Individuals regulated and/or licensed to provide some type of health or social care.

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Healthcare professional

CQC: Scope of registration - Glossary of terms

A healthcare professional (other than in relation to the regulated activity of TREATMENT OF DISEASE, DISORDER AND INJURY) is a person registered with any of the following professional bodies, who is permitted by that body to provide or supervise the provision of the regulated activity: Health and Care Professions Council Nursing and Midwifery Council General Medical Council General Dental Council General Pharmaceutical Council General Osteopathic Council General Optical Council General Chiropractic Council Social Work England The term healthcare professional also includes any professional who is included within a 'Section 60' order of the Health Act 1999. A medical practitioner is a doctor fully registered with the General Medical Council, who permits them to provide or supervise the provision of the regulated activity.

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Healthcare professional

CQC: Scope of registration - Glossary of terms

For the purpose of the regulated activity of TREATMENT OF DISEASE, DISORDER AND INJURY only, a LISTED HEALTHCARE PROFESSIONAL is defined under Schedule 1 paragraph 4(4) of the 2014 Regulations as a: medical practitioner dental practitioner dental hygienist dental therapist dental nurse dental technician orthodontic therapist nurse midwife biomedical scientist clinical scientist operating department practitioner paramedic radiographer The relevant registration body permits these healthcare professionals to provide or supervise the activity being carried out under this regulated activity.

Further information

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Human rights

CQC Glossary of terms used in the guidance for providers and managers

The basic rights and freedoms contained in the European Convention on Human Rights. The Human Rights Act 1988 means that most of the convention rights are available to everyone in the United Kingdom, regardless of their age, nationality, race, ethnicity, gender or religion and beliefs. It is an offence for a public body to breach any person's human rights, and under the Health and Social Care Act 2008, 'public body' includes any provider that supplies accommodation together with nursing or personal care on behalf of a local authority.

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Implied consent

CQC Glossary of terms used in the guidance for providers and managers

A form of consent that is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). The assumed agreement is that the person would approve a course of action if asked in a given situation, but is not presently able to be asked.

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Independence

CQC Glossary of terms used in the guidance for providers and managers

Freedom from the control or influence of others.

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Involvement

CQC Glossary of terms used in the guidance for providers and managers

Enabling people to get involved in the planning and delivery of their own care, treatment and support. This includes people acting on their behalf and groups of people who use services being involved together, for example through local involvement networks or a user forum.

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Lawfully acting on their behalf

CQC Glossary of terms used in the guidance for providers and managers

This refers to authority given under the Mental Capacity Act 2005, such as a valid and applicable advance decision to refuse treatment, Lasting Powers of Attorney for health and welfare containing relevant clauses, Court-Appointed Deputyship including relevant decision-making powers, a decision of a Court, the Mental Health Act 1983, or a best interest assessment in accordance with the Mental Capacity Act 2005. It can also refer to people having parental responsibility for any child aged under 18, which may be a natural or adoptive parent or a local authority if a care order is in place.

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Medical device

CQC Glossary of terms used in the guidance for providers and managers

Any instrument, apparatus, appliance, material or other article (whether used alone or in combination), including the software necessary to use it properly, intended by the manufacturer to be used for people for the purpose of: - Diagnosis, prevention, monitoring, treatment or alleviation of disease. - Diagnosis, monitoring, alleviation of or compensation for any injury or disability. - Investigation, replacement or modification of the anatomy or of a physiological process. - Control of conception. This also includes devices intended to administer a medicinal product.

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Medicine

CQC Glossary of terms used in the guidance for providers and managers

A substance or substances administered for the purpose of modifying, controlling, treating or diagnosing a medical condition, disease or illness.

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Meeting needs

CQC Glossary of terms used in the guidance for providers and managers

This term relates to clinical treatment and care outcomes.

Definition in Statutory Guidance

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Mental capacity assessment

Deprivation of Liberty Safeguards Code of Practice

An assessment, for the purpose of the deprivation of liberty safeguards, of whether a person lacks capacity in relation to the question of whether or not they should be accommodated in the relevant hospital or care home for the purpose of being given care or treatment.

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Mental health

CQC Glossary of terms used in the guidance for providers and managers

A person's ability to manage and cope with the stresses and challenges of life.

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Mental health assessment

Deprivation of Liberty Safeguards Code of Practice

An assessment, for the purpose of the deprivation of liberty safeguards, of whether a person lacks capacity in relation to the question of whether or not they should be accommodated in the relevant hospital or care home for the purpose of being given care or treatment.

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Misappropriation

CQC Glossary of terms used in the guidance for providers and managers

Wrongly taking or using something that belongs to another person for your own use.

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Moderate harm

CQC Glossary of terms used in the guidance for providers and managers

For the purposes of Regulation 20 of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 "moderate harm" means-- - harm that requires a moderate increase in treatment, and - significant, but not permanent, harm;

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Moratorium period under a debt relief order

CQC Glossary of terms used in the guidance for providers and managers

A debt relief order is an alternative to bankruptcy, which is intended to give debt relief to people in England and Wales who owe relatively little money, have little or no disposable income and no assets to repay what they owe, and cannot afford to make themselves bankrupt. The main effect of a debt relief order is to place a 'moratorium' period on the debts listed in the order. This means creditors cannot take any action to recover or enforce those debts during this period without a court order. The moratorium usually lasts for 12 months from the date of the order, although there may be exceptions, and after that time the listed debts will be discharged.

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Needs

CQC Glossary of terms used in the guidance for providers and managers

All needs, including emotional, social, cultural, religious and spiritual needs, should be included in assessments about the care and treatment people receive.

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Neglect and acts of omission

CQC Glossary of terms used in the guidance for providers and managers

The failure to meet a person's basic physical and/or psychological needs.

Definition in Statutory Guidance

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No refusals assessment

Deprivation of Liberty Safeguards Code of Practice

An assessment, for the purpose of the deprivation of liberty safeguards, of whether there is any other existing authority for decision-making for the relevant person that would prevent the giving of a standard deprivation of liberty authorisation. This might include any valid advance decision, or valid decision by a deputy or donee appointed under a Lasting Power of Attorney.

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Nominated individual

CQC Glossary of terms used in the guidance for providers and managers

Nominated individual means the person who is employed as a director, manager or secretary of a body and whose name has been notified to CQC as being the person who is responsible for supervising the management of the carrying on of the regulated activity by that body.

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Nutritional and hydration needs

CQC Glossary of terms used in the guidance for providers and managers

In Regulation 14 of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, 'nutritional and hydration needs' means: - A person's need to receive suitable and nutritious food and hydration that is adequate to sustain life and good health. - A person's need to receive parenteral nutrition (feeding intravenously to get nutrition into the body through the veins) and dietary supplements when prescribed by a health care professional. - Meeting any reasonable requirements of a person using the service for food and hydration arising from their preferences or their religious or cultural background, and - If necessary, supporting people to eat or drink.

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Palliative care

CQC Glossary of terms used in the guidance for providers and managers

The active, holistic care of people who use services who have advanced progressive illness. Managing pain and other symptoms, and providing psychological, social and spiritual support, is paramount. The goal of palliative care is to achieve the best quality of life for people who use services and their families. Many aspects of palliative care are also applicable earlier in the course of the illness, in conjunction with other treatments.

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People who use services

CQC Glossary of terms used in the guidance for providers and managers

The legislation uses the term "service user", which means a person who receives services from a provider as they carry on a regulated activity.

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People's experiences

CQC: Interim guidance on our approach to local authority assessments (published February 2023)

A person's needs, expectations, lived experience and satisfaction with their care, support and treatment, including equity of experience, access to and transfers between services.

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Person-centred

CQC Glossary of terms used in the guidance for providers and managers

Putting the person who uses services at the centre of their care, treatment and support, ensuring that everything that is done is based on what is important to that person from their own perspective.

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Personal care

CQC: Scope of regulation - Regulated activities

Personal care is defined in Regulation 2 (Interpretation) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. See the definition of personal care in our glossary of terms. The regulated activity of Personal care involves providing personal care for people who are unable to provide it for themselves because of old age, illness or disability. The personal care must be provided in the place where those people who need it are living at the time when the care is provided. For example, this includes personal care provided through domiciliary or homecare services, and housing with care or supported living services. Sometimes, people receiving personal care live in accommodation where it is a requirement of occupation that they both need and receive a care service while living there. For the care service to be correctly registered for the regulated activity of Personal care, there must be a real separation between the provision of personal care and the accommodation agreements. See additional guidance on supported living and extra care housing services. This regulated activity also includes Shared Lives schemes (see what this means in our glossary of terms) where the provider of the scheme is registered for personal care – not the owners of the individual homes (the accommodation). If you are carrying on the regulated activity of Treatment of disease, disorder or injury, you do not also need to register for Personal care if you deliver this as part of the treatment. However, if you provide personal care to people who are not also receiving treatment for a disease, disorder or injury, you will need to register for Personal care.

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Personalised

CQC Glossary of terms used in the guidance for providers and managers

This is when the person using the service leads, with choice being the defining principle in relation to the care or treatment provided to meet their particular needs and preferences.

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Preferences

CQC Glossary of terms used in the guidance for providers and managers

This includes those relating to how people's care and treatment are provided or preferences about which provider they choose to provide it. It is recognised that in some circumstances a person's preferences may be limited. For example, when people are detained under the Mental Health Act 1983.

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Premises

CQC Glossary of terms used in the guidance for providers and managers

This is any building or other structure, including any machinery or engineering systems or other objects that are physically affixed and integral to the building or structure, or a vehicle. It includes accommodation provided as part of a person's care or treatment.

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Privacy

CQC Glossary of terms used in the guidance for providers and managers

To respect a person's privacy is to recognise when they wish and need to be alone (or with family or friends), and be protected from others looking at them or overhearing their conversations. It also means respecting their confidentiality and personal information.

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Privy to serious misconduct or mismanagement

CQC Glossary of terms used in the guidance for providers and managers

'Privy to' means that there is evidence that could lead the provider to reasonably conclude that a person was aware of serious misconduct or mismanagement but did not take the appropriate action to ensure that it was addressed.

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Professional body

CQC Glossary of terms used in the guidance for providers and managers

An organisation that exists to further a profession and to protect both the public interest, by maintaining and enforcing standards of training and ethics in its profession, and the interest of its professional members.

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Protected characteristics

CQC Glossary of terms used in the guidance for providers and managers

The protected equality characteristics are defined in the Equality Act 2010 and are: - Age - Disability - Gender reassignment - Marriage and civil partnership - Pregnancy and maternity status - Race - Religion or belief - Sex - Sexual orientation.

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Provider

CQC Glossary of terms used in the guidance for providers and managers

An individual person, partnership or organisation registered with CQC to carry on one or more regulated activities.

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Quality statements

Care Quality Commission

Quality statements are the commitments that providers, commissioners and system leaders should live up to. Expressed as ‘we statements’, they show what is needed to deliver high-quality, person-centred care. The quality statements show how services and providers need to work together to plan and deliver high quality care. They directly relate to the regulations listed. Regulations we would also consider in our judgements are shown in brackets.

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Reasonable adjustments

CQC Glossary of terms used in the guidance for providers and managers

The duty to make reasonable adjustments is set out in the Equality Act 2010, which says that employers and organisations such as hospitals, care homes and GP surgeries must take steps to remove the barriers people face because of their disabilities. There are three parts to the duty: - Change the way things are done - a duty to take reasonable steps to change a practice, policy or procedure that makes it more difficult for people with a disability to access or use their services. - Change a physical feature - a duty to take reasonable steps to remove, change, or provide a reasonable way of avoiding a barrier such as steps, doors, toilets, signs and so on. - Provide extra aids or services - A duty to take reasonable steps to provide an additional aid or service where it would help people with a disability to benefit. For example, a portable induction loop for people with hearing aids, British Sign Language interpreters, providing information in alternative formats, such as Braille or audio CDs, or extra staff assistance. Providers must not wait for people to ask them to do something. They should consider in advance what they need to do to make their services accessible to all disabled people. When is it reasonable to make the changes? Providers must make changes or adjustments to how they provide their services if it's reasonable to. Whether something is reasonable depends on the size, resources of the organisation and type of service they provide. It also depends on what changes or adjustments are needed and how practical or easy it is to do them. It's the courts who decide if something is reasonable or not.

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Record

CQC Glossary of terms used in the guidance for providers and managers

A formal written report or statement of facts, events or information, usually collected over a fairly long period. The act of maintaining individual records is called recording.

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Registered person

CQC Glossary of terms used in the guidance for providers and managers

A person who is the registered provider or registered manager in respect of one or more regulated activities.

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Regulatory action

CQC Glossary of terms used in the guidance for providers and managers

Actions we take as the regulator of health and social care services in England to address a registered person's breach of a regulation, condition of registration or other relevant requirement.

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Relevant person

CQC Glossary of terms used in the guidance for providers and managers

In Regulation 20, "relevant person" means the person using the service or, in the following circumstances, a person lawfully acting on their behalf: - When the person using the service dies. - Where the person using a service is under 16 and not competent to make a decision in relation to their care or treatment, or - Where the person using the service is 16 or over and lacks capacity to make decisions.

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