Why is this training mandatory?
The Health and Care Act 2022 introduced a statutory requirement that all regulated health and social care providers ensure their staff receive appropriate learning disability and autism training. This is not optional - it is a legal obligation for every organisation registered with the CQC.
The training is named after Oliver McGowan, a young man with a mild learning disability and autism who tragically died in 2016 after being given antipsychotic medication against his and his family's wishes. An independent investigation found that inadequate training of health and social care staff was a key contributing factor to his death.
In Oliver's memory, the government developed this standardised training programme for all health and social care staff across England. It is co-delivered with people who have lived experience of learning disability and autism, ensuring the training is rooted in real understanding.
What does the law actually require?
The Code of Practice on the delivery of learning disability and autism training, published under the Health and Care Act 2022, sets out what regulated providers must do. It applies to all CQC-registered organisations in England.
| Requirement | What it means |
|---|---|
| All staff must be trained | Everyone employed by or deployed in a CQC-registered service, including agency and bank staff, volunteers, and board members. |
| Training must be at the right tier | Tier 1 for those who do not provide direct care; Tier 2 for those who do provide direct care or make decisions about care and treatment. |
| Training must include co-delivery | People with lived experience of learning disability and autism must be involved in delivering the training. |
| Training must be repeated | Staff must repeat their training at regular intervals. The code recommends every three years as a minimum. |
| Providers must keep records | Organisations must maintain records of who has been trained, at what tier, and when refresher training is due. |
What happens if your organisation does not comply?
Since the Code of Practice came into force, CQC inspectors actively check whether staff have completed the correct tier of Oliver McGowan Mandatory Training. Non-compliance is treated as a regulatory failing.
At inspection, CQC may:
Issue a requirement notice or condition of registration. In serious or repeated cases, this can lead to enforcement action, a rating downgrade, or restriction of services. Lack of appropriate training is now a direct indicator under the "Well-led" and "Safe" key questions.
Beyond inspection risk, non-compliance exposes your organisation to legal challenge. If a patient or service user experiences harm and staff have not completed the mandated training, this creates a clear evidential gap in any subsequent investigation or inquest.
Organisations that complete training proactively demonstrate compliance at inspection, reduce safeguarding risk, and - for eligible providers - can recover costs through the LDSS scheme.
Which tier does my team need?
The correct tier depends on the person's role, not their job title. The key question is whether they provide direct care or make decisions about the care and treatment of people with a learning disability or autistic people.
| Role type | Examples | Tier |
|---|---|---|
| Does NOT provide direct care or make care decisions | Receptionists, admin staff, porters, catering, maintenance, HR, finance, board members, volunteers in non-care roles | 1 |
| Provides direct care OR makes decisions about care/treatment | Nurses, doctors, care workers, social workers, OTs, speech therapists, psychologists, paramedics, pharmacists, managers who authorise care plans | 2 |
| Mixed role (some direct care, some not) | Team leaders who both manage and deliver care, GPs with mixed caseloads | 2 |
Not sure? The general rule is: if in doubt, train at Tier 2. It covers everything in Tier 1 plus the additional direct-care content. We can advise on the right split for your organisation when you get in touch.
How this applies to your sector
| Sector | Key considerations |
|---|---|
| NHS Trusts | All staff require training. Large trusts typically need a mix of Tier 1 (corporate/admin) and Tier 2 (clinical). Many trusts are training internal facilitators via Train the Trainer to scale delivery. |
| Adult Social Care | Most frontline staff require Tier 2. Eligible providers can claim costs back through the LDSS scheme. CQC inspections are actively checking compliance. |
| Primary Care (GP surgeries, dentists, pharmacies) | All practice staff need Tier 1 at minimum. Clinical staff making care decisions about learning disabled or autistic patients need Tier 2. |
| Private Healthcare | Any CQC-registered private provider is subject to the same requirements. This includes private hospitals, clinics, and domiciliary care agencies. |
| Charities & Supported Living | If CQC-registered, the requirement applies in full. Many supported living providers need predominantly Tier 2 due to the nature of the work. |
Oliver's Training has two tiers
All regulated health and social care staff must complete the tier appropriate to their role. Both tiers are delivered by our team with lived experience of autism and learning disability.
Tier 1
Online WebinarFor all staff who do not directly work with or make decisions about people with a learning disability or autism. Delivered as a live online webinar from any quiet location.
- Live online webinar format
- Attend from any quiet location
- Delivered by those with lived experience
- Meets legal requirements
- Certificate included
Tier 2
In-Person - Full DayFor all staff who directly work with or make decisions about the care and treatment of people with a learning disability or autism. Delivered in person over a full day.
- Full day in-person training (10am - 4:30)
- Morning: Learning Disability
- Afternoon: Autism
- Delivered by those with lived experience
- Certificate included
Quality Assured by the Department of Health
Our delivery is approved by the Department of Health and Social Care's Quality Assured Care Learning Service. This means our training is accepted by the CQC and meets the code of practice.
- Accepted by the CQC
- Meets the code of practice
- Eligible for LDSS cost recovery
- Delivered by those with lived experience - meeting the code of practice
Getting started is simple
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We Listen
We learn about your organisation, your team, and what you are trying to achieve.
We Recommend
We suggest the right tier and format - bespoke or from our scheduled dates.
We Deliver
Live, expert-led training delivered to your team. Certificates included.
Want to train your own staff to deliver Oliver's Training?
We offer three pathways to certify your organisation's trainers to deliver Oliver McGowan Mandatory Training in-house. All trainer training is for organisations only.
Common questions
See Our Impact in the Black Country
We delivered Oliver McGowan Mandatory Training across all four Black Country boroughs. See the full impact report including delegate feedback, quality scores, and regional breakdowns.
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