02Nov 2018
The RIdout Report. Spiderweb

Promoting and safeguarding a person’s autonomy is a fundamental right, which is entrenched in national/international legal systems. Therefore, to infringe on such rights it is imperative that great consideration and thought is given to developing legislation which protect such rights. The Mental Capacity (Amendment) Bill (“Proposed Bill”), will replace the Deprivation of Liberty Safeguards (“DoLS”) in […]

06Sep 2018
The RIdout Report. Flower.

CQC inspections have, for years, been considered a “snap-shot” of a home/location on the day of the inspection.  CQC rock up, take a view of what they find, and then write a report and make a judgment on an appropriate rating. When challenging inspection report findings and ratings, sometimes our clients will provide us with evidence […]

06Sep 2018
The RIdout Report. Windy Dandelions.

On 24 August 2018 the HSJ wrote: The care quality watchdog has won an appeal to stop a private care provider increasing the number of beds for people with learning disabilities. The tribunal ruling has sparked fears that investors will not want to expand or set up units for fear of them being refused registration […]

18Jul 2018
The RIdout Report. Ice Frozen

The magnitude of the Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] EWCA Civ 164 should not be underestimated by health and social care providers. This appeal considered the issue of backdated “sleep in” liabilities and whether “sleep in” workers were entitled to the National Minimum Wage (‘NMW’) […]

17Jul 2018
The RIdout Report. Pollen

The 2018 Football World Cup was the first in history where live Video Assistant Referees (VAR) were brought in with the ambition of improving the quality or refereeing decisions.  It hoped to achieve this by bringing to the referee’s attention in real time points of play which might have eluded them otherwise.  CQC allows its […]

11Jul 2018
The RIdout Report. Ice Frozen

Last month CQC announced that they had updated their guidance on “How CQC monitors inspects and regulates adult social care services”. This document replaced the old Provider handbooks in November 2017. Of particular interest is the addition of a new section to the guidance setting out CQC’s position with regard to services repeatedly rated as […]