If you are a Care Home Manager in 2026, you have likely noticed that the inspection landscape has shifted beneath your feet. The era of the Key Lines of Enquiry (KLOEs) has officially ended. In its place, the Care Quality Commission (CQC) has rolled out the Single Assessment Framework, a dynamic model that moves away from snapshot site visits toward a continuous assessment of risk.

While you may have mastered the requirements for safe staffing and infection control, a new, rigorous priority has moved to the forefront of the regulator’s agenda: Data Security.

Under the new framework, “IT” is no longer just a utility like electricity or heating; it is a core component of Governance. The CQC is no longer asking if you use digital systems, but how those systems protect the dignity and safety of your residents.

This guide acts as your roadmap to navigating the 2025 requirements, translating the complex legalese of Regulation 17 into actionable compliance strategies.

The Legal Reality: Regulation 17 and Digital Records

To understand what the inspector is looking for, we must look at the law. The driving force behind data security audits is Regulation 17 (Good Governance) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

In the past, “Good Governance” might have been interpreted as having up-to-date policies in a binder. Today, the CQC’s interpretation is explicitly digital.

The Mandate for “Contemporaneous” Records According to Regulation 17(2)(c), providers must:

“maintain securely an accurate, complete and contemporaneous record in respect of each service user, including a record of the care and treatment provided… and of decisions taken”.

The word “contemporaneous” is critical here. In a digital context, this means your systems must log care delivery in real-time. If your Wi-Fi fails and staff update records at the end of a shift, those records are no longer contemporaneous, and you are technically in breach.

The Mandate for Security Regulation 17(2)(d) extends this requirement to staff records and management data. The guidance explicitly states that records must be:

“Kept secure at all times and only accessed… by authorised people”.

This is where many “off-the-shelf” IT setups fail. If your care planning software is accessible via a shared password, or if a laptop is left unlocked in a corridor, you are not maintaining records “securely.” The CQC guidance further clarifies that “systems and processes must support the confidentiality of people using the service and not contravene the Data Protection Act 2018”.

In 2025, a failure in cybersecurity is legally indistinguishable from a failure in care governance.

The Solution: Why the DSPT is Your “Cheat Sheet”

Care Managers often ask us: “Is the Data Security and Protection Toolkit (DSPT) actually mandatory?”

 

Technically, for social care providers without NHS contracts, it is not a statutory requirement for registration. However, in practice, it is the only evidence the CQC trusts.

 

Mark Sutton, the CQC’s Chief Digital & Data Officer, has gone on record stating:

 

“CQC will increasingly expect a good provider to comply with the Data Security and Protection Toolkit or equivalent, as a minimum”.

 

The DSPT is your bridge between IT and Compliance. Think of the relationship this way: Regulation 17 is the law (the “What”), and the DSPT is the methodology (the “How”).

 

By achieving “Standards Met” on the DSPT, you effectively pre-validate your governance. You provide the CQC with government-recognized proof that you meet the National Data Guardian’s (NDG) standards. Without it, you are forcing the inspector to audit your data security from scratch—a scrutiny few care homes can withstand without preparation.

 

Furthermore, the 2025-26 edition of the DSPT includes mandatory questions required to reach “Standards Met”. Ignoring this toolkit is no longer an option for a provider aiming for “Good” or “Outstanding.”

Red Flag Checklist: 5 Signs Your IT Will Fail a CQC Inspection

If an inspector walked into your facility today, would your IT infrastructure pass the “Well-led” test? Below are five common failures we see in the sector, the specific regulation they breach, and the Black Sheep Fix required to solve them.

 

1. The Red Flag: Shared Accounts (e.g., “Staff1” or “OfficeAdmin”)

The Audit Finding: We frequently see care staff sharing a single generic login to access digital care plans or desktop computers. The Breach: This violates Regulation 17(2)(c), which requires records to be accessed only by authorised people. It also fails NDG Standard 1, which mandates that access is restricted to individuals based on their specific role. If “Staff1” deletes a medication record, you cannot prove who did it, meaning your records are not “accurate” or “auditable.”

The Black Sheep Fix: Implementation of Role-Based Access Control (RBAC). This ensures every staff member has a unique, traceable digital identity. Carers see care notes; Managers see HR files. No overlaps, complete accountability.

 

2. The Red Flag: Unmanaged “Bring Your Own Device” (BYOD)

The Audit Finding: Care workers using personal smartphones to view rotas, check emails, or access care apps (like WhatsApp) regarding residents. The Breach: If a personal phone is lost or stolen, resident data is accessible to the public. This breaches Regulation 17(2)(b) (mitigating risks to welfare). You have no control over that device’s security.

The Black Sheep Fix: Deployment of Mobile Device Management (MDM). This software allows you to enforce encryption on staff phones and, crucially, allows you to “remote wipe” company data instantly if a device is lost, without deleting the staff member’s personal photos.

 

3. The Red Flag: “End of Life” Software (The Windows 7 Trap)

The Audit Finding: The home is running operating systems (like Windows 7 or Server 2012) that no longer receive security updates from Microsoft. The Breach: This is a direct failure of NDG Standard 8: “not using older software that’s unsupported”. Using unsupported software is a critical vulnerability that CQC inspectors view as negligent governance because it leaves resident data exposed to known cyber threats.

The Black Sheep Fix: Automated Patch Management and Asset Lifecycle Monitoring. We identify “End of Life” hardware and software immediately and manage the upgrade process so you never fall out of compliance.

 

4. The Red Flag: Transferring Records via Standard Email

The Audit Finding: Managers emailing sensitive care records (Word docs, PDFs, Excel sheets) to GPs, pharmacies, or families using standard email clients (like Gmail or Outlook without encryption). The Breach: This fails the ‘Well-led’ requirement to “share [information] securely with others”. Standard email is not secure and risks interception.

The Black Sheep Fix: Configuration of secure NHSmail accounts or encrypted data portals. This ensures all external data sharing meets health sector encryption standards and NDG requirements.

 

5. The Red Flag: Lack of Cyber Essentials Certification

The Audit Finding: The provider cannot demonstrate a “proven framework” for protecting IT systems. The Breach: NDG Standard 9 requires a strategy based on a framework like Cyber Essentials. Without this, you will struggle to answer the mandatory technical questions in the DSPT regarding firewalls and malware protection.

The Black Sheep Fix: Managed Cyber Essentials Plus certification. This provides independent technical verification that your firewalls, antivirus, and settings meet government standards. It also exempts you from answering difficult technical questions within the DSPT.

Conclusion: Don’t Wait for the Inspector to Knock

The transition to the Single Assessment Framework means the CQC is always listening, always monitoring, and always assessing risk. You cannot afford to treat Data Security as an afterthought.

If your “Business Continuity Plan” is a dusty folder, or if your staff are still writing passwords on Post-it notes, you are vulnerable. The gap between “IT Support” and “Care Compliance” is where ratings are lost—and it is exactly where Black Sheep Support operates.

We don’t just fix computers; we secure your governance. We align your infrastructure with Regulation 17, ensuring that when the CQC asks for evidence, you have a “Standards Met” DSPT certificate and a robust, secure digital environment to show them.

Is your care home ready for a data audit?

Contact Black Sheep Support today to book a Mock CQC Data Audit. We will review your systems against the 2026 Quality Statements, identify your Red Flags, and provide a clear roadmap to DSPT compliance.

Secure your data. Protect your residents. Safeguard your rating.