Regulation 48: Notice of Absence

1. The 28-day threshold

The duty arises when the person in day-to-day charge of the home proposes to be absent for a continuous period of 28 days or more. This is typically the registered manager, but it applies to whoever is in day-to-day charge.

Absences of less than 28 days do not trigger the notification duty. However, the home must still ensure adequate management arrangements during any absence, and shorter absences may still need to be managed carefully.

2. Planned absence

For planned absence, the registered person must give notice no later than one month before the absence commences, or within such shorter period as may be agreed with HMCI. The notice must specify: (a) the length or expected length of the absence; (b) the reason for it; (c) the arrangements for running the home during the absence; (d) the address, name and qualifications of the person who will be responsible for the home during the absence; and (e) in the case of the registered manager's absence, the arrangements for appointing another person to manage the home, including the proposed date by which the appointment is to be made.

3. Emergency or unforeseen absence

If the absence arises as a result of an emergency or is unforeseen, the registered person must give notice within one week of the beginning of the absence, specifying the same matters as for planned absence. If the required notice has not been given, it must be given without delay.

4. Return to duty

The registered person must notify HMCI of the return to duty of the person in day-to-day charge not later than 7 days after the date of that person's return.

5. Relationship with Regulation 27 and Regulation 49

Regulation 27 requires the provider to appoint a person to manage the home where there is no registered manager. Regulation 48 requires notice of absence of the person in day-to-day charge. These duties interact: if the registered manager is absent for 28 days or more, the provider must notify HMCI under Regulation 48 and ensure that management arrangements are in place, which may involve appointing a person under Regulation 27.

Regulation 49 covers other changes that must be notified, such as a change of manager or provider. Regulation 48 is specifically about temporary absence, not permanent changes.

6. Related guidance