Setting up supported and assisted living services

Specialist social care solicitors

Providing a complete range of legal and regulatory services to care providers

Direct contact with a lawyer who provides practical and commercial advice

An in-depth understanding of the key complex issues affecting the sector

Work in partnership with regional care associations

Setting up supported and assisted living services

When setting up a supported or assisted living service it is important to carefully consider how the business will operate, how it should be structured and how it should be registered. Failing to get this correct at the outset could mean that the service is being provided unlawfully and could result in enforcement action and prosecution.

It is common for providers to arrange both the accommodation and the care services to service users. However, this could lead CQC to view and register the service in the same way as a care home. To avoid this there must be separation between the provision of accommodation and care. We can advise you on precautionary steps you can take and how to structure your service user contracts and tenancy agreements to show that the service is a true supported living service.

 

We have substantial experience advising on:

 

  • Business structure
  • CQC registration
  • Tenancy agreements
  • Service user contracts
  • Commissioning agreements
  • Fees and funding
  • Staff contracts and handbooks
I have always found them to be accessible and quick to respond to any queries. I am very happy to recommend the Social Care team at Royds Withy King to other care home providers.
Ravi Gidar, Director Gold Care Homes

FAQs

The answer will depend on how you structure the business. The main rule to follow is that the service user must always have choice as to who provides the support. The provision of the tenancy and the provision of the support must not be inter-dependent.

You only need to register with CQC if you are providing “personal care” as part of the support package. “Personal Care” is defined under the Health and Social Care Act 2008 and we can help you analyse whether you fall within the definition.


Contact us to find out how our expert team can help.