Independent guidance for England · Content version: 1 November 2026Pre-launch review
Regulations guide

The fundamental standards: a practical overview

The fundamental standards establish legal requirements for regulated care. Use them to connect everyday practice with evidence, including the visiting and accompanying duty in Regulation 9A.

6 min read

EnglandContent version: 1 November 2026Independent guidance
A practical starting point

Three things to put in place.

  • Register of applicable regulations and justified exclusions.
  • Care, consent and safeguarding processes matched to service scope.
  • Safe staffing, training, supervision and recruitment checks.

Regulation requires

The fundamental standards sit within the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. They concern the care people receive and the systems supporting it. Requirements must be read with their exact wording, relevant activities and exceptions.

The provider and manager requirements in Regulations 4 to 7 and the separate 2009 Registration Regulations also matter. A checklist limited to the most familiar care standards will miss registration, governance and notification responsibilities.

The standards at a glance

  • 9: care and treatment that reflect individual needs and preferences.
  • 9A: visiting and accompanying in specified care-home, hospital and hospice settings.
  • 10–11: dignity, respect and lawful consent.
  • 12–13: safe care and treatment, and protection from abuse or improper treatment.
  • 14–15: nutrition and hydration where applicable, suitable premises and equipment.
  • 16–17: effective complaints handling and governance.
  • 18–19: sufficient competent staff and suitable recruitment.
  • 20: openness and the applicable duty-of-candour requirements.
  • 20A: display of CQC performance assessments where required.

Do not overlook Regulation 9A

For relevant activities in the specified settings, Regulation 9A addresses receiving visits, care-home residents going out on visits, and accompaniment at hospital or hospice appointments without an overnight stay. It includes consent, best-interests and other legal qualifications.

Restrictions need an individual, lawful basis. An audit should examine the decisions and practical arrangements, including how needs and preferences were considered. The regulation is not a universal visiting rule applying identically to every service type.

CQC looks for

CQC's public explanation describes the standards people should be able to expect. The provider guidance gives more detailed interpretation and evidence expectations. Read both alongside the legislation; an assessment-framework heading is not a substitute for the underlying requirement.

Some services are not rated, and not every breach creates the same enforcement exposure. Avoid a simplistic checklist that labels every missing policy as a criminal offence or every positive answer as proof of compliance.

Our recommendation: connect requirement, practice and evidence

For each applicable standard, identify the process responsible for delivering it, the people who use that process and the records that can show whether it works. Begin with areas where a failure could harm people, then review the wider governance arrangements.

Use a mixed sample. For example, examining a consent policy alongside a record and a staff explanation can reveal different parts of the same process. This is a suggested audit method, not a claimed finding about any provider.

Record why a requirement is considered inapplicable rather than deleting it silently. Review that decision when the service changes its activities, locations or client group.

Plain-English summary

People should receive care that respects them, meets their needs and keeps them safe. Staff should be suitable and supported. Managers should listen to concerns, keep good records and put problems right. Providers should be open when things go wrong.

These statements help explain the purpose of the standards. They do not remove the need to check the precise law when making a decision about a particular service.

Evidence checklist

  • Register of applicable regulations and justified exclusions.
  • Care, consent and safeguarding processes matched to service scope.
  • Safe staffing, training, supervision and recruitment checks.
  • Premises, equipment, medicines and infection-control assurance where relevant.
  • Complaints, candour, governance and improvement records.
  • Visiting/accompanying decisions for settings within Regulation 9A.
  • Separate notification and registration-change responsibilities.

Common questions

Are the five key questions the fundamental standards?

No. The five questions organise CQC's assessment. The fundamental standards are regulatory requirements. Evidence can map to both, but the two should not be treated as interchangeable.

Does Regulation 9A apply to every provider?

No. It applies to defined relevant activities in care homes, hospitals and hospices, with exclusions and qualifications. Check the service and statutory wording.

Sources and review record

  1. cqc.org.uk — Fundamental standards (opens in a new tab)
  2. legislation.gov.uk — Uksi · 2014 · 2936 · contents (opens in a new tab)
  3. legislation.gov.uk — Uksi · 2014 · 2936 · regulation · 9a · data.html (opens in a new tab)
  4. legislation.gov.uk — Uksi · 2014 · 2936 · regulation · 22 · data.html (opens in a new tab)
  5. cqc.org.uk — Assessment framework (opens in a new tab)
  6. cqc.org.uk — Notifications (opens in a new tab)

Content version: 1 November 2026 · Next scheduled content review 1 December 2026. This is a content review date, not a monitoring service or a guarantee that a source will remain unchanged.

Review history

1 November 2026 — Initial source-checked guide for the pre-launch review edition.

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