Guide

Advertising rules for health services: ASA, CAP and CQC

Marketing a mental health service means working within several sets of rules at once. This guide maps who is responsible for what, so you know where to look. It is general information, not legal advice.

Who is responsible for what

BodyWhat it coversWhy it matters for marketing
CQCRegistration and inspection of health and adult social care providers in EnglandWhether you must register, how you describe your registration and displaying your rating
ASA and CAPThe UK advertising codes and their enforcement, across the UKClaims, testimonials, prices and tone in adverts and on your own website
HCPCRegulation of practitioner psychologists and other health professionsProtected titles and registrants’ standards of conduct
GMCRegulation of doctors, including psychiatristsDoctors’ duties when publishing information about their services
MHRAMedicines and medical devicesThe ban on advertising prescription only medicines to the public
ICOData protectionHealth data, enquiry forms, tracking and email marketing

Outside England, independent healthcare is regulated by Healthcare Improvement Scotland, Healthcare Inspectorate Wales and the RQIA in Northern Ireland.

CQC: registration and how you talk about it

In England, providers who carry on regulated activities must be registered with CQC. For mental health clinics, whether you are in scope depends on the services you provide and who provides them, so check CQC’s guidance on scope of registration rather than assuming either way.

If you are registered:

The ASA and the CAP Code

The Advertising Standards Authority enforces the UK advertising codes. The Committee of Advertising Practice writes the non-broadcast code, usually called the CAP Code. It applies to paid adverts and also to marketing claims on your own website and on social media you control.

Two sections matter most for clinics. Section 3 covers misleading advertising, including prices, comparisons, testimonials and endorsements. Section 12 covers medicines, medical devices and health related products and services, including the need for evidence behind health claims and limits on offering advice for conditions that need suitably qualified supervision.

In practical terms, for a mental health clinic:

CAP publishes advice on health and therapy marketing and runs a copy advice service. ASA rulings, which are public, are a useful way to see how the rules are applied in practice.

Professional regulators: individual duties

Your clinicians carry their own professional duties into your marketing. Practitioner psychologists must meet the HCPC’s standards of conduct, performance and ethics, and only HCPC registrants may use its protected titles. Psychiatrists, as doctors, are covered by GMC guidance, which expects information doctors publish about their services to be factual, verifiable and not to exploit patients’ vulnerability. Counsellors and psychotherapists on accredited registers, such as BACP and UKCP, follow their body’s ethical framework.

A clinic’s marketing that breaks these duties puts its clinicians at risk, not just the business. Our psychology practice page covers titles in more detail.

Medicines: the line you must not cross

Prescription only medicines cannot be advertised to the public in the UK. This is set in law and enforced by the MHRA, and the CAP Code reflects it. It is especially relevant for ADHD services and psychiatry clinics. You can explain how your prescribing and review process works. You should not promote particular medicines, show brand names as part of your offer or imply that an assessment leads to a prescription. Our ADHD clinic page has more on this.

Data protection and tracking

Information about someone’s mental health is special category data under UK data protection law. That affects enquiry forms, email marketing and online tracking. Think carefully before using advertising pixels or remarketing on pages about specific conditions, keep forms to what you need, and make sure your privacy notice explains what happens to enquiries. The ICO publishes guidance.

What this means for AI search and SEO

The rules and good visibility point the same way. Accurate titles, clear fees, careful wording and genuine independent reviews are what regulators expect, and they are also what makes a clinic easy for AI tools to describe with confidence. Exaggeration rarely helps, because AI tools increasingly cross check claims against other sources.

Read more about AI search visibility and mental health SEO.

A pre publication checklist

Questions clinic owners ask

Do the advertising rules apply to our own website?

Yes. The CAP Code covers marketing communications on a business’s own website and on social media accounts it controls, as well as paid adverts. Factual information, such as your terms or opening hours, is not usually treated as advertising, but claims about your services are.

Does our clinic need to register with CQC?

It depends on what you do and where. In England, providers carrying on regulated activities, such as some treatment and assessment services, must register with CQC. Whether your services fall within scope depends on the activities and who carries them out. Check CQC’s guidance on scope of registration and take advice if unsure.

Do we have to show our CQC rating on our website?

If you are a CQC registered provider with a rating, the regulations require you to display it on your website as well as at your premises. CQC provides widgets and guidance on how to do this.

Can we use before and after stories?

In mental health care, stories that imply a particular outcome are very likely to be treated as claims that need evidence, and they raise confidentiality issues. Most clinics should avoid them.

Where can we get advice on a specific advert?

CAP, the body that writes the code, publishes guidance and offers a copy advice service. For regulation and legal questions specific to your clinic, take advice from a qualified adviser.

Is this guide legal advice?

No. It is general information to help clinic owners understand which rules exist and where to look. Rules change, so always check the current guidance from each body.

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