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Services are becoming more joined as different parts of the NHS and adult social care work together to plan and deliver care. It is important that the care patient’s receive is seamless, so there is a smooth transition from one service to the next. We are changing the regulation of health and adult social care organisations to reflect this joint work, and make sure patients are protected wherever they are in the system. These changes have been planned for some time and form a key part of the Government’s health reforms.

The three regulators – the Healthcare Commission, Commission for Social Care Inspection and the Mental Health Act Commission – will merge into a single health and adult social care regulator in 2008. This reflects the increasing joint work between health and adult social care on the ground.

What will the regulator do?

The new regulator will focus on the needs and expectations of patients and service users rather than on certain types of organisations, reflecting that high quality, personalised services span many different organisations and types of care.

Independent regulation and inspection are particularly important for users of adult social services who are often vulnerable and highly dependent on the services they use. Performance assessment of organisations will remain and aligned inspection and assessment approaches will assess organisations and their underlying systems against national standards of care.

The new regulator will make sure that patients and service users will have comparable information to make informed choices. When making choices, people will have the independent assurance that no matter which provider they choose, they can be assured that the health and adult social care services they receive meet national safety and quality standards.

As the English health and adult social care system becomes ever more responsive to patients, users and commissioners decisions, management of the system will occur increasingly at local level. The new body needs to be flexible and adapt to changing demands to deal with this changing health care system. It will allow greater flexibility will help reduce the burden of inspection and regulation activity on those delivering front line care services.  It will also make sure that public money is being used efficiently and effectively. 

The change will be evolutionary not revolutionary, building on the excellent work to date across the whole system and by the regulators to move to a more risk based approach. The regulators will remain in place undertaking many of the same functions during the transition period until the new regulator is established.

Consultation document – The Future Regulation of Health and Adult Social Care in England

The way in which the functions may change is outlined in a consultation document published on 27 November on 'The future regulation of health and adult social care in England.'

The publication marks the start of a consultation process, which is due to last 3 months.

The document sets out the likely roles and functions of the new regulator and provides a clearer and refocused approach to regulation.  It aims to give some clarity to the three existing regulators about how their roles will develop and how the transition will be managed. It also gives others involved in the health and adult social care an opportunity to respond to the issues the DH is consulting on.

The consultation will feed into any future changes in the regulation and inspection functions of the new body, set within the wider context of the new system management structure.