Do You Have to Notify CQC When a Resident Dies? Regulation 16 Explained

Do You Have to Notify CQC When a Resident Dies? Regulation 16 Explained

When a person using your service dies, you may have a legal duty to tell CQC. Here is when it applies, how to submit it and what to do around it.

Yes. You must notify CQC of the death of a person using your service if they died while a regulated activity was being provided, or if their death may have resulted from it, and you must do so without delay. Use CQC’s online provider portal form or the Word form emailed to HSCA_notifications@cqc.org.uk. Do not put the person’s name in the notification. Use a unique identifier instead.

A death in a care service is difficult enough without worrying whether you have met your legal duties. Failing to notify CQC is an offence, and CQC’s guidance says it can prosecute for a breach of Regulation 16 without first serving a warning notice.

This guide follows CQC’s notification guidance (CQC: death of a person using the service) and the regulation itself (CQC: Regulation 16). It is part of our wider guide to CQC notifiable events.

When Must You Notify CQC of a Death?

Regulation 16 applies to the death of a person using the service in either of two situations:

• the person died while a regulated activity was being provided; or
• their death has, or may have, resulted from the regulated activity or how it was provided.

The wording “may have resulted” matters. You do not need to be sure the care contributed. If it might have, you notify.

What this means for a care home

Where a person lives in your care home and receives care there, a death in the home will normally fall within “while a regulated activity was being provided”. That includes an expected death at the end of life. If a resident dies in hospital after a transfer, ask whether their death may have resulted from the care you provided, for example a fall or a missed escalation. If in doubt, notify, or phone CQC to check.

What this means for homecare

For domiciliary care, the question is whether the death happened during a visit or may have resulted from care you provided. A person who dies at home between visits with no link to your care is not within the regulation. If you are unsure, record your reasoning and ask CQC.

This is our practical reading of the regulation. CQC’s guidance does not set out sector-specific examples, so use its contact route when the position is unclear.

How to Notify CQC of a Death

CQC says there are two ways to notify:

1. Online: use the “Death of a person using your service” form in the new CQC provider portal. You will need to create an account or sign in.
2. By email: complete CQC’s up-to-date Word form and send it to HSCA_notifications@cqc.org.uk.

CQC says you must use its up-to-date form and provide all the information it asks for. An incomplete form will be returned to you. Quote the reference number (an ENQ number, notification ID or case ID) in any later correspondence.

Who submits it?

The registered person, meaning the registered provider and any registered manager. You can delegate the task, but you remain responsible and accountable, so make delegation clear. Cover for holidays and out-of-hours deaths should be written into your procedure.

What to Include and What to Leave Out

The regulation requires a description of the circumstances of the death. Write it factually: where and when, what was happening, who was present, what care had been given and any known cause.

• Do not use the person’s name, date of birth or other identifying details such as NHS number or room number. CQC asks you to use a unique identifier or code, and to keep a secure record of who it refers to.
• Equality information about the person is requested on the form.
• If a medicines error was a known or possible cause, say so clearly in the notification. CQC only requires a medicines error notification where it caused a notifiable event such as a death.
• If the police are involved, still use the death form, not the police form. CQC says to use the specific form for death, serious injury or abuse.

The exception on names applies to people detained under the Mental Health Act 1983, where the person’s name and date of birth must be given.

People Detained Under the Mental Health Act

Regulation 16 does not apply where Regulation 17 applies. Regulation 17 covers the death, or unauthorised absence, of a person who is detained or liable to be detained under the Mental Health Act 1983. CQC provides a separate form: “Death of a detained mental health patient”.

What Else Should You Do When a Resident Dies?

The CQC notification is one task on a longer list. A practical checklist:

• Inform next of kin and any legal representatives sensitively and promptly.
• Contact the GP or the appropriate clinician and follow instructions on verification of death.
• Follow coroner or police direction where the death is sudden, unexpected or unexplained.
• Check duty of candour. If the death followed a notifiable safety incident, Regulation 20 applies. See duty of candour in a care home.
• Check for safeguarding concerns. If abuse or neglect is suspected, refer to the local authority and make an allegation of abuse notification. See safeguarding referrals to the local authority.
• Record the CQC reference number in your incident log and update your records.
• Review and learn. Look for patterns, update the care plan process if needed and share lessons with staff.
• Support staff. Deaths affect the team as well as families.

Recording the Notification

CQCLogic’s CQC notification tracker logs notifiable events and their deadlines, and its incident log carries flags for CQC and safeguarding notifications. The tracker records notifications; it does not submit them to CQC, so you still send the form through the portal or by email. Log the reference number, the date sent and who sent it, so you can show you notified without delay.