Disciplinary and Capability policy
For CQC-registered domiciliary care services · version 1.0 · last reviewed 1 June 2026
Two related procedures, and how to tell which one applies. Principles of fairness, informal resolution and the formal disciplinary route are set out, with examples of misconduct and gross misconduct, and the separate capability procedure. Referrals connected to safeguarding, the DBS and professional regulators, records, confidentiality and employment rights are also covered.
What this policy covers
- Conduct or capability — which procedure applies
- Principles of fairness
- Informal resolution
- The disciplinary procedure
- Examples of misconduct and gross misconduct
- The capability procedure
- Safeguarding, DBS and professional regulators
- Records, confidentiality and employment rights
- Investigating and hearing managers
- Annex a — disciplinary / capability process checklist
- Annex b — investigation and outcome record
Regulations and guidance it supports
Supports the fundamental standards at Regulations 13, 17, 19 and 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
- Employment Rights Act 1996
- Employment Rights Act 2025
- Employment Relations Act 1999
- Equality Act 2010
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Safeguarding Vulnerable Groups Act 2006
- Care Act 2014
- UK GDPR and Data Protection Act 2018
Common questions
- Is the disciplinary and capability policy CQC-aligned?
- Yes. It is written and reviewed by practising UK compliance consultants against current CQC expectations, and supports the fundamental standards at Regulations 13, 17, 19 and 20. It is a controlled starting-point document that you adapt to your own service — you remain the accountable provider.
- Can I download and edit this policy?
- Yes. It downloads as Word (.docx) or PDF with your company name, registered manager, CQC ID and address already filled in on the cover page and throughout the document. The Word version is fully editable.
- Can I buy this policy on its own?
- Policies are sold as a complete library rather than individually, because CQC expects a coherent set that cross-references properly — a single policy in isolation creates gaps. The domiciliary care library contains 141 policies and can be bought outright as a one-off purchase and kept permanently.
- How often is it reviewed?
- The library is re-reviewed every six months and after any material regulatory change. This policy was last reviewed 1 June 2026, and is at version 1.0. Updates reach you automatically, so downloads always reflect the current version.