Nythan Smith

Challenging The Fees That Local Authorities Pay To Care Providers

Care providers often come to us with concerns they face with local authorities failing to meet the cost of providing care at the standard that providers themselves deem necessary to maintain compliance with the regulations.  Providers complain of being largely ignored by those in charge of making such decisions within the local authority and many …

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Should Providers Accept Or Challenge CQC’s Findings?

Many health and social care providers decide to engage with CQC in the spirit of cooperation and collaboration. They accept the ratings awarded to them by CQC and they accept CQC’s findings and don’t challenge them as they are not confident that their efforts will lead to successfully changing CQC’s position. This lack of challenge …

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Appealing decisions taken by CQC – Are the odds in the favour of Health and Social Care Providers?

Since August 2016 the CQC has had decisions it has made in respect of the registration of health and social care providers appealed 55 times before the First Tier Tribunal (Care Standards).  Of those 55 occasions, only four appeals have been successful.  This translates to a ‘success rate’ of 92%.  This figure should come with …

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Is CQC changing its approach to encouraging the improvement of health and social care providers?

CQC announced its new strategy on how it will regulate the health and social care sector in the years to come recently. It is light on detail but does provide a framework upon which CQC’s future action will align. CQC attempts, in its strategy, to address the imbalance on its over-emphasis on enforcement to the …

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CQC’s use of criminal prosecutions of health and social care providers

CQC has the ability to prosecute providers criminally for breaches of certain regulations with the one most commonly used being the failure to provide safe care and treatment (Health and Social Care Act 2008 (Regulated Activities Regulations 2014: Regulation 12); but in addition harm or risk of harm must be proved.  Prosecutions that progress through …

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