WAJD Learning

Module 1 of 2 · 90 minutes

What you sign up to, what you must report, and how you know

By the end of this module you will be able to

  • Describe the personal accountability that registration carries
  • Identify notifiable events and act within the required timescales
  • Design governance that gives early warning
  • Apply the duty of candour fully and promptly

Amara Registration. What am I actually taking on that I would not have as a deputy?

Nadia Personal accountability. You are named on the register, assessed as a fit person, and enforcement action can be taken against you as an individual, not only against the company.

Amara So if a member of staff does something wrong at three in the morning while I am asleep, that is on me?

Nadia Not the act itself. What is on you is whether the systems that should have made it less likely were there and working. Recruitment, induction, supervision, staffing levels, the culture that decides whether somebody feels able to raise a concern.

Amara And if I genuinely did not know?

Nadia That is the answer that helps you least. Not knowing is itself evidence about the governance you were responsible for building. A manager who knew and acted is in a far stronger position than one who did not know.

Amara Notifications. Give me the ones people get wrong.

Nadia Two errors dominate. The first is thinking that telling the local authority safeguarding team means the regulator has been told. It does not. They are separate duties and you owe both.

Amara And the second?

Nadia Waiting until you know what happened. People want to notify a complete story. The duty is to notify without delay, not to notify once comfortable, and failing to notify is a breach in itself. Providers have been prosecuted for the failure to notify rather than for the incident.

Amara What if I am not sure it qualifies?

Nadia Notify. An unnecessary notification costs you nothing at all. A missing one is a regulatory failure with your name against it.

Amara Governance. I have a monthly pack that says everything is fine.

Nadia Then it is decoration. Governance exists to tell you the things you would least like to hear, early, while they are still cheap. If your pack has never ruined your morning, it is not working.

Amara Which numbers matter most?

Nadia Turnover and agency use, above all, watched as trends. A service losing experienced staff has already begun to fall in quality whatever this month's audit says, because the people who knew the residents have gone and nobody has replaced that knowledge.

Amara Something has gone wrong. The family do not know. The instinct is to wait for the investigation to conclude.

Nadia Understandable, and a breach of regulation 20. The duty of candour requires you to tell them as soon as reasonably practicable, face to face, to apologise, to say what enquiries follow, and to confirm it in writing.

Amara Is the apology an admission of liability?

Nadia No, and the regulations state that explicitly. It is the most commonly cited reason for delay and it has no legal basis.

Amara And the cost of waiting?

Nadia A family who later learn you knew for three weeks will not believe another word from you, and they will be right not to. Candour is the rule, and it is also the only version of this that leaves a relationship standing afterwards.

The written material

What registration actually commits you to

Registration makes you personally accountable, alongside the provider, for the way the regulated activity is carried on. You are assessed as a fit person, and enforcement action can be taken against you as an individual, not only against the organisation.

The practical consequence is that you cannot delegate away the obligation to know. A registered manager who did not know is in a worse position than one who knew and acted, because not knowing is itself evidence about the governance you were responsible for building.

Notifications, and the timescales that go with them

Certain events must be notified to the regulator, and the duty is separate from any duty to the local authority safeguarding team or the police. Telling one is not telling another.

The categories are broadly: deaths of people using the service, serious injuries, abuse or allegations of abuse, incidents reported to or investigated by the police, applications and outcomes relating to deprivation of liberty, and events stopping or seriously interrupting the service such as a fire, a flood or a loss of utilities.

Notify without delay. Failing to notify is itself a breach and has been prosecuted independently of the underlying event. If you are uncertain whether something is notifiable, notify: an unnecessary notification costs nothing and an omitted one is a regulatory failure.

Governance that warns rather than reassures

A governance system that only tells you things are fine is not a governance system. It should surface the things you would least like to hear, early, while they are still cheap to fix.

That requires the numbers to be watched as trends rather than monthly reassurances: falls by time of day and by individual, medication errors by type, call bell response times, complaints before they escalate, staff turnover and sickness by team, and agency use as a proportion of hours.

Staff turnover and agency use are the two that predict quality problems earliest. A service losing its experienced staff is a service whose quality has already begun to fall, whatever the current audit says, because the people who knew the residents have gone.

The duty of candour

When a notifiable safety incident occurs, the duty of candour requires you to tell the person affected or their representative what happened, face to face, as soon as reasonably practicable, to apologise, to explain what further enquiries will follow, and to confirm all of that in writing.

An apology is not an admission of legal liability, and the regulations make that explicit. The instinct to say nothing until the investigation concludes is understandable and it is wrong: it breaches the regulation, and it converts a family who would have accepted an honest account into one that no longer believes anything you say.

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