Existing clients

Log in to your client extranet for free matter information, know-how and documents.

Client extranet portal

Staff

Mills & Reeve system for employees.

Staff Login
22 Jun 2026
3 minutes read

Regulator sets out its approach to artificial intelligence

The Care Quality Commission has published its first formal statement on artificial intelligence (AI), setting out its role, expectations and plans for AI in health and social care.

The statement is high-level, clarifying how existing regulations apply to the safe and effective use of AI.

As CQC explains:

“We do not assess or approve specific technologies but have a role in ensuring that technology, including AI, contributes to safe, effective and equitable care across all settings and settings. Most regulations that we enforce have a role in making sure that innovative technologies, including AI, improve the quality of care and outcomes for people using services.”

CQC highlights several regulations that are particularly relevant to AI:

  • Regulation 9: Person-centred care - ensuring people have the information needed to make informed choices.
  • Regulation 10: Dignity and respect - protecting privacy and ensuring fair treatment.
  • Regulation 11: Consent - ensuring staff understand the care or treatment being proposed when seeking consent.
  • Regulation 12: Safe care and treatment - ensuring equipment, including AI, is safe to use.

Regulation 17: Good governance - maintaining effective oversight, risk management and monitoring.

CQC’s message is that AI does not sit outside the regulatory model but must operate within the existing regulatory framework governing safety, quality and outcomes.

The real focus: Oversight and judgement

A consistent theme throughout the statement is the importance of human oversight. AI can support decision-making, but it cannot replace it. It is not enough to deploy AI tools; providers must be able to explain:

  • how decisions are made
  • where human judgement sits
  • how risks are identified, managed and monitored

The principles of transparency, fairness, staff competence and clear accountability all point in the same direction. For the regulator, the key question is not whether AI is used, but whether its use is controlled, understood and improving outcomes. For providers the challenge is not simply adopting new technology but demonstrating how innovation translates into better outcomes for the people that they support.

Piloting a new assessment approach

The AI statement comes alongside wider changes to CQC’s regulatory approach. The updated assessment framework is now in a pilot phase, running from June to October 2026, with evaluation in November ahead of broader implementation.

At the same time, CQC is testing a more proportionate model of oversight. The new “Return to Good” approach for adult social care providers is one example. From June 2026, services rated Good may receive more targeted assessments where there is no evidence of declining quality.

Rather than full inspections, the focus shifts to:

  • people’s experiences and outcomes
  • direct observation of care
  • targeted, risk-based review of records


The aim is to increase regulatory contact without adding unnecessary burden for high-performing services.

To qualify, adult social care providers must meet the following criteria:

  • Be rated Good across all five key questions
  • Have a registered manager in place
  • Have ratings over six years old
  • Show no risks
  • Have no ongoing enforcement activity 

A more nuanced regulator

Taken together, these changes suggest a regulator seeking a more balanced approach.
There is a clear shift towards:

  • more continuous, data-led oversight
  • more targeted and proportionate intervention
  • greater scrutiny of how digital tools, including AI, are used in practice

Looking ahead

Alongside developing its new assessment frameworks, the CQC is also considering the implications of AI for its regulatory approach, including how it registers, assesses, rates and drives improvement in providers. It has indicated that it may also develop tailored AI guidance for different sectors and care settings. Meanwhile, it will continue to engage with regulators, industry, providers, academia and not-for-profit organisations on the use of AI.

Our content explained

Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.