Regulations for service providers and managers

Page last updated: 7 August 2024

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Regulation 14: Meeting nutritional and hydration needs

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 14

The intention of this regulation is to make sure that people who use services have adequate nutrition and hydration to sustain life and good health and reduce the risks of malnutrition and dehydration while they receive care and treatment.

To meet this regulation, where it is part of their role, providers must make sure that people have enough to eat and drink to meet their nutrition and hydration needs and receive the support they need to do so.

People must have their nutritional needs assessed and food must be provided to meet those needs. This includes where people are prescribed nutritional supplements and/or parenteral nutrition. People's preferences, religious and cultural backgrounds must be taken into account when providing food and drink.

CQC can prosecute for a breach of this regulation or a breach of part of the regulation if a failure to meet the regulation results in avoidable harm to a person using the service or a person using the service is exposed to significant risk of harm. In these instances, CQC can move directly to prosecution without first serving a warning notice. Additionally, CQC may also take any other regulatory action. See the offences section for more detail.

CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.

The regulation in full

14.—

  1. The nutritional and hydration needs of service users must be met.
  2. Paragraph (1) applies where—
    1. care or treatment involves—
      the provision of accommodation by the service provider, or
      an overnight stay for the service user on premises used by the service for the purposes of carrying on a regulated activity, or
    2. the meeting of the nutritional or hydration needs of service users is part of the arrangements made for the provision of care or treatment by the service provider.
  3. But paragraph (1) does not apply to the extent that the meeting of such nutritional or hydration needs would—
    1. result in a breach of regulation 11, or
    2. not be in the service user's best interests.
  4. For the purposes of paragraph (1), "nutritional and hydration needs" means—
    1. receipt by a service user of suitable and nutritious food and hydration which is adequate to sustain life and good health,
    2. receipt by a service user of parenteral nutrition and dietary supplements when prescribed by a health care professional,
    3. the meeting of any reasonable requirements of a service user for food and hydration arising from the service user's preferences or their religious or cultural background, and
    4. if necessary, support for a service user to eat or drink.
  5. Section 4 of the 2005 Act (best interests) applies for the purposes of determining the best interests of a service user who is 16 or over under this regulation as it applies for the purposes of that Act.

Guidance

This sets out the guidance providers must have regard to against the relevant component of the regulation.

14(1) The nutritional and hydration needs of service users must be met.

14(2) Paragraph 1 applies where—

(a) care or treatment involves—

the provision of accommodation by the service provider, or

an overnight stay for the service user on premises used by the service for the purposes of carrying on a regulated activity, or

(b) the meeting of the nutritional or hydration needs of service users is part of the arrangements made for the provision of care or treatment by the service provider.

14(3) But paragraph (1) does not apply to the extent that the meeting of such nutritional or hydration needs would—

(a) result in a breach of regulation 11, or

(b) not be in the service user's best interests

14(4) For the purposes of paragraph (1), "nutritional and hydration needs" means—

14(4)(a) receipt by a service user of suitable and nutritious food and hydration which is adequate to sustain life and good health, 

14(4)(b) receipt by a service user of parenteral nutrition and dietary supplements when prescribed by a health care professional,

14(4)(c) the meeting of any reasonable requirements of a service user for food and hydration arising from the service user's preferences or their religious or cultural background, and

14(4)(d) if necessary, support for a service user to eat or drink