Building Regulations Part K and HSE guidance require that windows accessible to residents above ground floor must be fitted with restrictors preventing opening beyond 100mm in care settings where residents may be at risk of falling. CQC inspects compliance with this requirement under Regulation 15.
Building Regulations Part K addresses protection from falling, and HSE guidance on managing the risk of falls from height in care settings sets out the expectation that windows accessible to residents at risk of falling, particularly above ground floor level, should be fitted with restrictors limiting the opening to a safe gap. CQC assesses compliance with this expectation under Regulation 15 (premises and equipment), meaning a missing or defective restrictor is treated as a premises safety failing rather than a minor maintenance issue.
Restrictors should be considered for any window accessible to a resident who may be at risk of falling -- this typically includes bedrooms, lounges and corridors above ground floor level, and can extend to ground floor windows where residents with cognitive impairment could climb or lean out. The risk assessment should consider individual resident vulnerability as well as the building layout, since a restrictor requirement in one home may differ from another depending on the resident population.
Restrictors should limit the opening to a gap that prevents a person passing through while still allowing adequate ventilation, and must be robust enough to resist deliberate or confused attempts to override them without a key or tool. Restrictors that can be easily disabled by staff for cleaning and not reliably reinstated are a common source of failure, so the specification should prioritise devices that are simple to operate correctly and difficult to leave in an unsafe state by accident.
A restrictor fitted correctly at installation can fail over time through wear, painting over moving parts, or being left disengaged after cleaning or maintenance access. Restrictors should be included in the planned maintenance schedule with a periodic functional check -- confirming the restrictor engages and limits opening as designed -- and any defect found should be logged and remedied before the window is used again. Relying on visual presence of a restrictor without testing its function is insufficient.
Inspectors reviewing premises safety will typically test a sample of windows directly, ask to see maintenance records confirming restrictors are checked, and review whether any previous defects were remediated promptly. Reports of unremediated window restrictor failures have featured in enforcement action including Warning Notices, making this one of the higher-consequence items on a building fabric checklist relative to the cost of keeping it compliant.
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