The Care Quality Commission (Additional Functions) (Amendment) Regulations 2026

Published: Tue 8th Sept 26 Comes into force: Wed 4th Nov 26

Removed the Care Quality Commission's statutory responsibility to provide training and support for staff raising concerns in the NHS.


These Regulations remove a specific statutory function from the Care Quality Commission (CQC) concerning the provision of training, guidance, and support for healthcare workers who raise concerns or suggestions for improvement, a practice known as Freedom to Speak Up.

The Department of Health and Social Care directs this change following the closure of the National Guardian’s Office in June 2026, which previously operated within the CQC's legal framework.

The measure applies to the CQC's operations in England and ensures the regulator's additional functions align with the government's decision to decentralize staff support roles to individual NHS providers and commissioners.

Arguments For

  • The Explanatory Memorandum states that the statutory function is no longer required because the National Guardian’s Office (NGO), which performed these tasks, closed permanently on 30 June 2026.

  • The department reports that the change follows a 2025 review of patient safety which recommended that Freedom to Speak Up responsibilities be incorporated directly into NHS providers and commissioners rather than being hosted by the Care Quality Commission.

  • The government asserts that some of the previous functions will be aligned with NHS England’s existing staff voice functions, ensuring that the objective of encouraging a positive reporting culture continues through different channels.

  • Proponents argue that the amendment is a necessary administrative step to update the law to reflect the current organizational structure of the health service.

Arguments Against

  • Legal observers may note that the removal of a specific statutory function for training and support could be perceived as reducing the formal oversight of whistleblowing protections within the NHS.

  • Staff advocacy groups might express concern that incorporating these responsibilities into providers and commissioners, as mentioned in the Explanatory Memorandum, could lead to a conflict of interest compared to an independent office within the CQC.

  • Critics may question whether the alignment of these tasks with NHS England’s functions will provide the same level of dedicated resource previously offered by the National Guardian’s Office.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Care Quality Commission (Additional Functions) (Amendment) Regulations 2026.

(2) These Regulations come into force on 4th November 2026.

(3) These Regulations extend to England and Wales.

Amendment of the Care Quality Commission (Additional Functions) Regulations 2011

2 Omit regulation 4A (provision of training, guidance and support to bodies and individuals) of the Care Quality Commission (Additional Functions) Regulations 2011.

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