Check the scope
Registered providers and managers carrying on regulated activities in England, with safeguarding arrangements appropriate to adults, children and the service’s activities.
What the law requires
- Protect people from abuse and improper treatment. Establish effective systems to prevent abuse and investigate immediately when an allegation or evidence becomes known.
- Care must not involve discrimination, degrading treatment, significant disregard of needs, or control or restraint that is unnecessary or disproportionate to the risk of harm.
- Do not deprive a person of liberty for care or treatment without lawful authority. Capacity, restraint and authorisation decisions must follow the applicable legal framework.
What CQC expects
- CQC guidance expects staff to recognise concerns, understand local safeguarding arrangements and act without delay, including appropriate referrals and support for the person.
- Leaders should oversee safeguarding, review incidents and restrictive practices, and act on investigation findings. Staff need relevant training and a clear route to raise concerns.
Suggested checks for your review
- Trace a safeguarding concern from initial recognition to immediate protection, referral, investigation, outcome and learning.
- Sample restrictions and restraint records for necessity, proportionality, alternatives, lawful authority and review.
- Check that deprivation-of-liberty decisions use current law and guidance, including the 2026 legal developments, rather than an obsolete automatic checklist.
Illustrative evidence
Choose evidence relevant to the actual service and risk. These examples are not a universal list of documents required by CQC.
- Safeguarding records with decisions, responsible people and referral outcomes.
- Training and staff discussions demonstrating knowledge of reporting routes.
- Individual restriction reviews and records of authority where required.
Potential gaps to check
- A concern is recorded as a complaint or incident without considering safeguarding implications.
- A referral is treated as the end of the provider’s responsibility, with no evidence of ongoing protection.
- A restrictive practice becomes routine without reviewing its purpose or impact on the person.
Sources and review
- cqc.org.uk — Regulation 13 (opens in a new tab)
- legislation.gov.uk — Uksi · 2014 · 2936 · regulation · 13 (opens in a new tab)
- gov.uk — Uk supreme court 2026 judgment on what constitutes a deprivation of liberty (opens in a new tab)
Content version: 1 November 2026. Next planned review 1 December 2026. Check current primary sources before relying on a requirement.
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Add a non-confidential action or evidence reference to your own working plan.
Open the evidence workbenchRelated guidance and next steps
Content version: . Named expert review remains pending for public launch.