Anna Lemmer

The CQC And Its Move Towards Imposing Conditions On Registration

During the COVID-19 pandemic, the CQC introduced a risk-based inspection model and focused its inspection activity where service users were deemed to be at risk of harm. Since the introduction of this risk-based system, we have seen an overall increase in the CQC’s enforcement action. This has also been confirmed by the CQC’s Chief Executive Ian …

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The Issue With Local Authorities And Safeguarding Concerns

At Ridouts, we are regularly contacted by providers in relation to issues that they are having with the Local Authority Safeguarding Team and Section 42 safeguarding enquiries. This article considers some of the issues that arise as a result of Local Authorities failing to understand their duties and remit under the Care Act 2014 and …

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How the CQC uses clinical searches in on-site and off-site inspections

In a webinar which took place on 22 June 2022, the CQC explained that clinical searches which it has developed are now being routinely used by CQC inspectors in both off-site and on-site inspections of GP Practices. The clinical searches were developed in response to the COVID-19 pandemic and their purpose is to assess how …

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One year on: How is CQC’s regulatory model working in practice and what will change?

As a result of the COVID-19 pandemic, the health and social care landscape has changed dramatically including in relation to the way in which the CQC regulates the sector. In May 2021, the CQC published its strategy, ‘A new strategy for the changing world of health and social care – CQC’s strategy from 2021’ which …

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Changes to Ofsted’s Social Care Common Inspection Framework from 1 April 2022

On 11 March 2022, Ofsted published the outcomes of a public consultation in relation to proposed changes to the Social Care Common Inspection Framework (“SCCIF”). The consultation ran from 2 November 2021 to 24 January 2022 and sought views from the public and those working in the sectors covered by the framework, on the way …

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An Update in Relation to the Implementation of the Liberty Protection Safeguards

In due course, the Liberty Protection Safeguards (“LPS”), introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”) will replace the current Deprivation of Liberty Safeguards (“DoLS”) set out in the Mental Capacity Act 2005. However, before this happens there are a few hurdles to cross, as detailed below. On 10 March …

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Care providers are encouraged to check their cyber security arrangements

As a result of the war in Ukraine, the National Cyber Security Centre (“NCSC”) has reminded all organisations in the UK to bolster their online defences, including care providers. According to an article published on the Digital Social Care website, care providers should take actionable steps to reduce the risk of cyber attacks and their …

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CQC’s statement on DHSC guidance regarding visits to care homes

On 10 February 2022, the CQC published a statement in response to the guidance published by the Department of Health and Social Care (“DHSC”) which lifts visiting restrictions in care homes. In the statement, the CQC explained that its expectation remains that care homes follow the latest Government guidance which is now to ensure that …

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Update to CQC’s regulatory approach: changes from 1 February 2022

In December 2021, CQC postponed its inspections of some services in order to support the acceleration of the vaccination booster programme and prioritise activity to “help create more capacity in adult social care.” CQC has now taking into account the easing of COVID-19 restrictions across the country and has reviewed and updated its regulatory approach, …

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Further Delays to the Implementation of the Liberty Protection Safeguards

The Department of Health and Social Care (“DHSC”) has announced a further delay to the public consultation on the draft regulations and draft Code of Practice for the Mental Capacity Act 2005 and the Liberty Protection Safeguards (“LPS”). The DHSC had intended to launch the consultation in the summer of 2021 but said that due …

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