Consequences of not completing statutory and mandatory training

Statutory and mandatory training is essential for providing high-quality care, maintaining a positive workplace culture, and ensuring the safety of everyone involved. The failure to deliver such training can lead to several negative outcomes for individuals, managers and the organisation as a whole.

This article will explore the consequences of not completing statutory and mandatory training in a health and social care setting.

Neglecting statutory and mandatory training

Failing to deliver statutory and mandatory training can result in several negative consequences, including:

• An unsafe workplace
• Increased likelihood of incidents and accidents
• Failure to deliver high-quality care
• Deterioration of workplace culture
• Poor staff engagement
• Increased dissatisfaction with work
• Increased incidence of mental health problems.

All UK health and social regulators include training in their regulatory standards, emphasising the importance of mandatory training in ensuring high-quality care and maintaining a positive workplace culture.

What are the consequences for individuals?

Failure to complete the required statutory and mandatory training has serious consequences for individuals, including:

• Impact on pay, progression, and development
• Loss of professional registration and indemnity
• Claims related to work-related injuries or ill health.

Understanding the implications of not completing mandatory and statutory training is crucial. Let's discuss this further below.

Impact on pay, progression and development

Not completing statutory and mandatory training at the required level is typically a requirement for all employees. Many health and social care employers have policies in place, and staff may face penalties for non-compliance.

As L&D experts, we have observed various consequences of failing to complete mandatory and statutory training, including:

• Withholding of pay raises
• Being denied opportunities for professional development
• Increased risk of suspension from employment or being paid at a lower grade.

Loss of professional registration and indemnity

While the health and social care professional bodies do not specify how often mandatory training should be completed, completing such training is necessary for staff to meet the four domains of their codes of practice.

The employer generally covers professional indemnity and will likely include conditions such as appropriate training to ensure competence in a specific employee practice area. This means that staff must demonstrate that they have the knowledge, skills, and judgment to perform their task or role to the appropriate standard of care.

Such arrangements are also necessary for the revalidation and retention of professional registers. Failure to complete mandatory training could result in a loss of professional registration and indemnity, which could have serious consequences for both the individual and the employer.

Claims relating to work-related injuries or ill health

If employees are injured at work or experiencing physical or mental health issues that can be directly linked to their working conditions, not completing mandatory training may prevent them from claiming relief or compensation from their employer if the injury or illness could have been prevented.

For instance, if an employee suffers a back injury from using equipment, it may be challenging to establish the employer's liability if the staff member has not completed moving and handling training despite being given reasonable opportunities to do so during work time. This is known as "contributory negligence" in legal terms.

What are the consequences for managers?

Health and social care managers are responsible for providing time, opportunities, and access to mandatory training for all staff. Organisations must have monitoring systems in place, often delegating the responsibility to departments and individual team managers.

Managers must ensure that staff receive mandatory training, and L&D professionals often report cases where managers' progression has been halted, or they have not received their pay increment if their teams fail to meet their training targets.

What are the consequences for the organisation?

Organisations that fail to provide their staff with the necessary statutory and mandatory training may face various regulatory and legislative implications.

Under the Health and Safety Act 1974, employers are required to protect the health, safety, and welfare of their employees and others affected by their business. This includes providing information about workplace risks and how to deal with them and instructing and training employees to handle the risks.

If a member of staff or patient is injured or harmed and a lack of training is found to be a contributing factor, the HSE and its Northern Ireland counterpart may investigate the matter. They can issue an improvement notice, prosecute or fine an organisation. For example, care providers who fail to manage the risk of bedrails and do not properly train staff in their safe use may breach health and safety regulations and face significant fines.

Care Quality Commission (CQC)

The Care Quality Commission (CQC) is an independent regulator of health and social care services in England. The CQC expects that all persons employed by a service provider in the provision of a regulated activity receive appropriate support, training, professional development, supervision, and appraisal necessary to carry out their duties.

Staff should be supported to participate in the following:

• Statutory and mandatory training as specified by the care provider after conducting risk and training needs assessment
• Any additional training identified as necessary to carry out regulated activities as part of their job duties and to maintain the skills required to meet the needs of the people they care for and support
• Other learning and development opportunities are required to enable them to fulfil their role, including first aid training for people working in the adult social care sector.

Regulation and Quality Improvement Authority

The Regulation and Quality Improvement Authority (RQIA) is the independent regulator of health and social care in Northern Ireland. RQIA requires health and social care organisations to establish sound human resource policies and systems, including appropriate workforce planning, recruitment, induction, training, and development opportunities for staff to perform their job roles competently. RQIA compliance requirements entail following local policies and procedures, professional guidance and codes of practice, and employment legislation and regulations.

Organisations must have training plans and programmes that are adequately funded and designed to address identified training and development needs to ensure compliance with their statutory obligations. For organisations operating in Northern Ireland, further guidance is provided by the Quality Standards for Health and Social Care issued by the Department of Health, Social Services and Public Safety.

Implications in Scotland

In Scotland, the health and social care regulatory bodies are Health Improvement Scotland and the Care Inspectorate. Health Improvement Scotland does not provide specific guidance on mandatory training, but they check the knowledge and understanding of staff during inspections. The Care Inspectorate has standards for different types of care providers and specific standards relating to training.

Both organisations follow the Scottish Government’s Health and Social Care Standards for registration, monitoring, and inspection, which include guidelines from the perspective of people receiving care. These guidelines stress the importance of having confidence in the competency and skills of care providers and their ability to follow professional and organisational codes.

Health Inspectorate Wales

The Health Inspectorate Wales emphasises the importance of providing staff with opportunities to learn and develop. The leaders of healthcare or social care organisations must set the right culture and ensure that staff can deliver high-quality and safe services.

The whole workforce must receive statutory and mandatory training and induction programs. Organisations must have a sustainable workforce and provide appropriate support to enable staff to maintain and develop competencies to their full potential, participate in induction and mandatory training programs, and have effective workforce plans.

If an organisation needs to meet the standards set by regulatory bodies, a notice detailing the necessary improvements and a deadline will usually be given. Close monitoring and supervision may be required for more serious concerns. Regulatory bodies can also issue fines or prosecute or cancel the service’s registration.

Conclusion

Failing to deliver statutory and mandatory health and social care training can have severe repercussions. Not only does it lead to an unsafe workplace and increased incidents and accidents, but it also hampers the delivery of high-quality care and contributes to a deterioration of workplace culture. Poor staff engagement, increased dissatisfaction, and higher incidence of mental health problems are additional consequences that cannot be overlooked.

It is imperative for organisations to prioritise and provide the necessary training to their staff, ensuring compliance with statutory obligations and meeting regulatory standards. By investing in training, organisations can create a safer and more conducive work environment, improve the quality of care, and support their employees' well-being and professional growth.

Click here to see online courses and resources to help comply with statutory and mandatory training requirements for health and social care professionals.

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