Month: October 2018

Chancellor announces budget to include £650 million for social care

On Monday the Chancellor, Philip Hammond, announced in the budget that the government is giving local authorities an extra £650 million to spend on social care. However, only £240 million of this is ring fenced for adult social care. Councils will make the decision as to whether the remaining £410 million with go to either …

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Joint Committee on Human Rights calls for changes to the Mental Capacity (Amendment) Bill

Today the Joint Committee on Human Rights has called for changes to the Mental Capacity (Amendment) Bill via a report. Within the report the Committee has identified several points that they consider to be issues with the Bill. They’ve proposed:- To include in the legislation a definition of deprivation of liberty in the context of …

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Centurion Health Care Limited v CQC [2018] 3264.EA – First Tier Tribunal Concludes CQC did not exercise its discretion appropriately in applying Registering the Right Support Guidance

In August this year I wrote of my growing concern about the CQC’s rigid approach to registration of services for people with learning disabilities/autism. (https://ridout-law.com/ridout-report-august-2018-not-registering-the-right-support/) My concerns were around the CQC’s apparent failure to properly exercise its discretion when applying the Registering the Right Support guidance to registration applications. The experience of many of our …

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Social care providers urge the government to rethink Mental Capacity (Amendment) Bill

Concerns have been expressed by care providers about the Mental Capacity (Amendment) Bill, currently going through parliament. Martin Green, Chief Executive of Care England, has expressed the sectors’ main concerns. They feel the government is not working with them in “shifting responsibilities” to care home managers that are a “clear conflict of interest”. The CQC’s …

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Minister confirms replacement to the Deprivation of Liberty Scheme

A minister has confirmed that the government will amend its planned replacement to the Deprivation of Liberty Safeguards (DoLs) so that it applies to 16-and-17 year olds. Yesterday the House of Lords debated the bill, after the government were criticised for excluding 16 and 17 year olds from the scheme. Further criticism of the bill …

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The Ridout Report – Are private health and social care providers treated fairly by their Regulator?

Imagine if you will a world where public and private providers of health and social care are dealt with an even hand.  A world where private providers of care are given the support and room to offer good quality care to their service users.  A world where inspections and ratings are not excessively relied upon …

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An inspection regime with room for improvement – HSJ article – October 2018

Last month the Kings Fund and Alliance Manchester Business School (AMBS) published a report analysing the effectiveness of the CQC’s approach to inspecting and rating health and social care providers.  The report is titled ‘Impact of the Care Quality Commission on provider performance – Room for improvement?’. While it noted that the current CQC inspection …

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