Online Courses FAQs

Statutory and Mandatory Legislation FAQs

Are you fully are of the latest legislation for healthcare and social care environments? Find out more with our FAQs.

• Are care certificates mandatory?

  Currently, there isn’t any statutory requirement that calls for care providers to implement a care certificate, meaning the Care Quality Commission (CQC) isn’t able to enforce mandatory care certificates. However, there is a remit with CQC inspectors to enforce regulations around adequate staff training in relation to care, and will want to see proof that adequate training and inductions are carried out which meet the Care Quality Commission’s standards.

• Is mandatory training a legal requirement?

  Mandatory training is a requirement set out by a specific organisation to meet their own internal compliance standards, rather than a legal requirement.

• Is manual handling training compulsory?

  Manual handling training is not mandatory requirement for all staff, but if a staff member is required to regularly undertake manual handling tasks which involve movements that could cause injury then employers have a duty to address this and implement relevant training.

  Read our guide to discover the importance of manual handling and using the correct techniques.

• Is NHS training mandatory?

  When you start your first role with the NHS, you will need to undertake the relevant mandatory and statutory training to your job duties.

• What are statutory and regulatory requirements?

  Statutory and regulatory requirements are requirements which need to be legally complied with, typically including training standards for employees to ensure no legislation or industry rules are broken.

• What are statutory controls?

  A statutory control is an element of oversight for legislation, usually relating to the relevant agency which handles and regulates a particular industry.

• What does legal compliance mean?

  Legal compliance means adhering to a set of rules, regulations and other enforceable legislation set out in law, governing how you should carry out certain actions in order to meet the standards for your industry.

• What is regulatory law vs statutory law?

  Regulatory law and statutory law are both requirements or rulings that are required and established by law. Statutory law is made up of laws passed by a state government; regulatory law by contrast is written and issued by a regulatory body that has been appointed by a state government.

• What qualifications do I need to be a self-employed carer?

  There aren’t any legal requirements around qualifications as a self-employed carer, it’s important to be fully prepared and undertake a high level of training in order to provide the best level of care possible.

  The core skills needed to be a carer can be outlined as relatability, empathy, strong communication and patience, all of which will be enhanced by acquiring the relevant qualifications such as diplomas or NVQs.

  Once you have these, you will need to register as a sole trader or business and familiarise yourself with the legality surrounding self-employed carers, including registering with HMRC as self-employed and securing insurance. From there, you can then approach clients and start work as a self-employed carer.

• Why do I need to report unsafe or abusive practices?

  Unsafe or abusive practices can be dangerous and illegal, causing stress, injury and in rare cases death. Reporting these practices can reduce the likelihood that they will be repeated and can lead to a safer and more responsible workplace and workforce.