Anna Lemmer

Whistleblowing in the health and social care sector – As published in Healthcare Business – October 2019

On 11 September 2019, the Nursing and Midwifery Council (NMC) published its joint whistleblowing disclosures report with other professional regulators to show what action regulators have taken and how they work together in relation to whistleblowing disclosures. When talking about the ‘Whistleblowers disclosure report 2019’, Matthew McClelland, Director of Fitness to Practise at the NMC …

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CQC and record keeping – If it’s not written down it didn’t happen – As published in Care Talk magazine – September 2019

The purpose of a CQC inspection is to determine if a service is complying with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and the Care Quality Commission (Registration) Regulations 2009. CQC determines if a service is ‘Good’ by considering five key questions (is the service safe, effective, caring, responsive and well-led?). …

CQC and record keeping – If it’s not written down it didn’t happen – As published in Care Talk magazine – September 2019 Read More »

The Ridout Report – September 2019 – CQC on restraint, seclusion and segregation – what does this mean for providers?

This Ridout Report considers CQC’s review of restraint, prolonged seclusion and segregation in services providing care for people with learning disabilities and or/autism and mental health problems. Phase 1 of the review started in December 2018 and during this phase CQC considered whether and how restraint, prolonged seclusion and segregation are being used in child …

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The Mental Capacity (Amendment) Act 2019 has been given Royal Assent – what will happen when the new Liberty Protection Safeguards come into force?

On 16 May 2019, the Mental Capacity (Amendment) Act 2019 (“the Act”) was given Royal Assent and it is hoped that it will come into force in Spring 2020. The Act amends the Mental Capacity Act 2005 in relation to procedures in which a person may be deprived of their liberty where the person lacks …

The Mental Capacity (Amendment) Act 2019 has been given Royal Assent – what will happen when the new Liberty Protection Safeguards come into force? Read More »

Healthcare Business – April 2019 – Service user relationships and CQC: Is the intrusive regulator acting beyond its remit again?

In February 2019, CQC issued guidance on ‘relationships and sexuality in adult care services’ and how providers should consider service users’ relationship and sexuality needs. CQC hopes that the guidance will provide clarity and direction to providers to help support service users to manage their sexuality needs and to assist providers to safeguard vulnerable service …

Healthcare Business – April 2019 – Service user relationships and CQC: Is the intrusive regulator acting beyond its remit again? Read More »

Sexual Safety in Care: Considering the recent case of CQC v Hillgreen Care Limited [2018]

There has been recent media attention in relation to sexual safety of service users in care homes following the case of CQC v Hillgreen Care Limited [2018], where the provider was fined £300,000 for failing in its duty to protect service users in its care, exposing them to the risk of sexual abuse. District Judge …

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A Landmark Ruling for Providers – Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] – workers are not working when asleep by contractual consent

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’) …

A Landmark Ruling for Providers – Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] – workers are not working when asleep by contractual consent Read More »

Annual report reveals increasing number of complaints about Ofsted

Ofsted’s annual report has revealed an increasing number of complaints are being upheld than they were previously. In terms of statistics, between 2017 and 2018, 20% of complaints were either upheld or partially upheld at the second stage of Ofsted’s complaints procedure, compared to 17% between 2016 and 2017. With regards to complaints reaching the …

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