Any business falling within the scope of registration must be registered with the relevant regulator, be it the Care Quality Commission, the Care Inspectorate Wales, the Care Inspectorate, Ofsted or the Department for Education.
The process of registration can be complicated and lengthy but if a provider prepares itself thoroughly then it should run more smoothly. Our team of specialist lawyers can make sure that this process is as seamless as possible.
Providers of learning disability services are, in particular, faced with registration difficulties given the CQC’s reliance on guidance documents such as ‘Right Support, Right Care, Right Culture’ and imposing restrictions on the number of beds and location, amongst other things. Ridouts has achieved success at the stage where the CQC might refuse an application to register a service (the Notice of Proposal or “NOP” stage) and on appeal at the First Tier (Care Standards) Tribunal.
Ridouts can help you by:
Outcomes achieved include:
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Ridout Report – May 2019 – Registering the Right Support Revisited. CQC announces plans to change its controversial LD Registration guidance
CQC has announced that there is to be a review of the Registering the Right Support guidance
We acted for a care provider who had two separate CQC registrations for Company A and Company B. The Client wanted to dissolve Company A and re-register with CQC as a sole provider to carry out regulated activities at Location Y, which was attached to Company A’s registration. The Client wanted the application process to be completed within a tight timeframe. We advised that applying to register with CQC as a sole provider would mean that the application would be treated as a new registration, which can take up to 10 weeks. An alternative option was provided to the Client whereby it was suggested that Company A was dissolved, as intended, and for Location Y’s registration to be transferred to Company B. This would enable the Client to carry out regulated activities at Location Y, without registering as a sole provider. We further advised that the registration process would be shorter than the usual 10 week timeframe, as Company B had no regulatory compliance issues within its registered Locations. We submitted registration applications on the Client’s behalf to CQC and were successful in getting Location Y added to Company B’s registration. As a result of our comprehensive advice, the overall application process took up to 4 weeks, as opposed to 10 weeks, which exceeded the Client’s expectations.
We acted for a well-established provider of Learning Disability services, with a strong track record of providing high quality person-centred care, who sought to add an additional location to its existing registration. They sought to add a separate new 6 bedded unit adjacent to their existing 6 bedded service.
CQC refused the application on the basis that it would not be compliant with the principles of Registering the Right Support. Reasons cited included CQC’s contention that our Client was simply seeking to double the size of its existing service rather than provide a truly independent second service. It was further argued that even if it was an independent service, it’s geographic location and proximity to the existing service would make it a congregate or campus setting. We assisted our Client in preparing submissions to appeal against that decision to the First Tier (Care Standards) Tribunal. The case was heard over two days, with evidence from the CQC inspectors and our Client.
Having considered all the evidence, the Tribunal concluded that it did not consider that CQC had exercised its discretion appropriately and that they had failed to properly evaluate the application. The Tribunal allowed our Client’s appeal and set aside the decision of the CQC to refuse registration. The additional location was registered.
A superlative job – Thank You seems insufficient.