As explored in our article “Oliver McGowan Code of Practice – What Do Care Providers Need To Know?”, the Oliver McGowan Code of Practice has now been laid in Parliament. It is crucial that care providers understand their obligations and CQC’s stance on the Code, the relevant training, and how providers will see it applied in CQC inspections.

Both providers and CQC will be aware that there has been a requirement for all providers to ensure that all of their staff receive training in learning disabilities and autism since 1 July 2022. This training should be appropriate to the staff member’s role and should include meaningful and embedded learning, so that anyone in a care provision can interact appropriately and empathetically with residents who live with autism or a learning disability.

CQC take a harsh view on the application of this requirement – it is now 2026. Providers have had close to four years to implement any such training, and we regularly support providers who are at the receiving end of CQC’s findings, where such training has not been completed or has not been effective in practice. CQC has been clear that they do not take kindly to any providers who are still yet to commission such training, particularly in services were residents indeed have learning disabilities or autism.

It is also important for providers to remember that the Code builds on their existing regulatory and staffing requirements. Providers might wish to refresh their memories on Section 181 of the Health and Care Act 2022 or Regulation 18 of the Health and Social care Act 2008 (Regulated Activities) Regulations 2014. Staff have always needed appropriate training to their job roles. The Code only reinforces this.

It might be that providers are confident that the training they already have is in line with the Code. This might not be anything new for established and experienced learning disability and autism providers, but this does not mean that providers should be complacent.

The July 2022 requirement requires all services and settings to be compliant.  This means that, even if a provider is not a specialist learning disability and autism service, they still need to ensure that their staff have appropriate training.

Providers need to be aware that all staff need to have their training: whether it be administrative or reception staff, kitchen staff, healthcare staff, nurses, or managers. Everyone needs an appropriate level of training to their role. It is therefore important to consider the level of interaction that different members of staff have with residents and CQC have been clear that the onus is on the provider to identify the appropriate training for the appropriate staff.

It might be that the training that providers already have and commission meets the requirements. The burden, however, is on the provider to identify any gaps and commission any extra training or refreshers. We have frequently seen CQC be critical of providers where Oliver McGowan training has been carried out several years ago, but with no refreshers. Where a provider has considered commissioning extra training, and decided it is not necessary, any such decisions and the rationale should be documented.

Providers need to consider – is their learning disability and autism training relevant, appropriate, and recent? Are there appropriate supervisions and appraisals? We have seen CQC make it clear in inspection reports that it is the provider’s responsibility to ensure they have considered the available guidance and training available, commissioned the appropriate training, and are confident that their staff are effectively trained in supporting their residents. Training should improve resident experiences and outcomes, and providers need to be able to evidence that the needs of residents with learning disabilities and autism are being met by knowledgeable and empathetic staff.

What is CQC looking for?

CQC has not published any guidance or support on which training package a provider should commission – whether a provider chooses the government approved Oliver’s Training, or another training package. It is for the provider to assure CQC that their organised training meets the Regulations and that their staff are receiving training appropriate to their role.

But CQC are making it clear that, now that the Code is published, there is official guidance for providers to read, embody, and use to support their service’s understanding of the heart of the training: to support residents with learning disabilities and autism to be better cared for and understood. Although the Code is not law, it is important guidance in the healthcare sector and CQC can quote the Code in its reports and use it to base judgements upon.

CQC tend to consider the effectiveness of a provider’s learning disabilities and autism training under the following two quality statements

• Safe and effective staffing (under the key question Safe)
• Governance, management, and sustainability (under the key question Well-led)

CQC can deem a service to be in breach of Regulation 18 if staff have not received training specific to their roles.

Providers can expect inspection teams to check whether their staff have had learning disability and autism training and need to be able to evidence this training – be this through specific staff training needs, plans, evidence of training being booked in or delivered. Providers can be expected to be questioned on and be able to justify how they decided which training was appropriate for which members of staff (particularly if different staff members are under the different training tiers of Oliver’s Training).

How we can help

CQC can, when sufficiently concerned about a service, commence enforcement action against a service.  This might be through a Notice of Proposal, leading to a Notice of Decision, or through a Warning Notice. We have extensive experience in supporting social care providers with the factual accuracy process, or through drafting representations to CQC.

We understand the importance of the Oliver McGowan training and the need for services to embed their training in the very culture of their company, alongside that of Right Support, Right Care, Right Culture. We are here to provide guidance and support for providers and can work collaboratively with you and CQC to reach conclusions, quickly.