It is a regular feature of CQC reports that a provider is said to be in breach of the Regulations which providers are required to observe. The principal regulations are the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the Regulations”); the so-called Fundamental Standards. This is a serious matter. CQC inspectors have …
CQC Misdiagnose Regulatory Breaches and Damage Good Providers Read More »
There has been much public comment over recent weeks upon the subject of so-called hardship caused by “eviction” from a care home. The term “eviction” presents a picture of a blameless occupier being ejected against their will from a care service which they will have regarded as their home. In our experience it is so …
The Removal Of Residents From Care – Why Using The Word “Eviction” Is Not Helpful Read More »
Ridouts have observed that the CQC have intensified the aggressive presentation of inspections and inspection reports over recent months. This is particularly noticeable in the CQC attitude to primary care and GP practice interactions. Unsurprisingly, but, most unfortunately many of those engaged in front line inspection lack any medical qualification or experience, and, when that …
We are approaching the end of February. This is the time of year when many providers and commissioners are considering contract review, a part of that process is, very often, considering the appropriate level of fee increase. Care contracts are unusual in that their currency is for the medium and long term. A major consequence …
How Can I Secure Fee Increases For Accommodation And Services Provided To My Residents? Read More »
It was very welcome news that a Government summit had recommended implementation of a policy to provide extra “band aid” funding (£200m initially) to assist the relocation of patients from unsuitable hospital accommodation to the more homely and appropriate placement of those people in care homes which are much more suited to their chronic illnesses …
NHS Funding For Care Home Placements To Relieve Bed Pressures Read More »
The Health Service Journal has once again reported shocking news about continued delayed discharges from hospital. The cost to the public purse of a continued hospital stay is conservatively three times the cost of an adult social care placement The difference is “whose budget pays” and political chauvinism rather than efficient care needs delivery. There …
Shocking delays in hospital discharge and the impact on social care Read More »
Our lawyers have been engaged in supporting Health and Care providers with their relationships with regulators for many years. Over the last 20 years there has been a steady increase in the regularity and intensity of regulator intrusion into care provision businesses. Whilst those businesses face many of the same challenges and operational issues as …
Why appeasing the CQC could lead to a catastrophe later down the line Read More »
It is becoming clear that the senior management of the CQC has developed a change of policy for providers which is to stigmatise and punish rather than to support and encourage. It was not always so, but, providers must be prepared to manage their relationship with their regulator on the basis of how it is, …
The Department of Health and Social Care (“DHSC”) published statutory guidance on 24 March 2022. Local Authorities (“LAs”) are required to report to DHSC on cost of care exercises for 65 years plus care homes and 18 plus domiciliary care together with a Market Sustainability plan and details of how they have spent the new …
Care providers can influence fair fee rates – Seize the opportunity Read More »
No one would argue against the need for regulation, particularly in “care” where the imbalance in relative strength is very marked. However, the questions are now arriving, fast and furious, as to the nature, scope and extent of regulation and the quality and integrity of the regulator, whether it be the Police, the Care Quality …
Ridouts is a team of specialist health and social care lawyers, providing dedicated legal advice for care homes, GP practices, children’s homes, dental practices, domiciliary and home care agencies, supported and independent living services and both private and NHS hospitals.
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