Ridouts Solicitors

CQC criticised: “A regulator which gets it wrong is worse than no regulator at all”

The House of Commons Joint Committee on Human Rights published its second report earlier this month. The report is critical of the Care Quality Commission (“CQC”) and highly critical of the current state of health and social care services for children with learning difficulties and autism. The report proposes a number of recommendations to improve …

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CQC publishes new Supporting Information on “closed cultures”

The CQC published new Supporting Information for CQC staff earlier this month, entitled “Identifying and responding to closed cultures”. As part of a wider, ongoing review into the use of restrictive intervention, the CQC has identified concerns about the use of restraint, prolonged seclusion and segregation for people with mental health problems, a learning disability …

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Department of Health and Social Care issues update on EU exit plan on 31 October 2019

The Department of Health and Social Care wrote to all adult social care providers to detail the steps that the Government has been taking in working collaboratively with all involved in the delivery of adult social care to ensure that contingency plans are in place for both medical and non-medical supplies irrespective of the political …

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Has the CMA care homes market study unearthed any surprises for care home providers? (Caring Times)

When the CMA began its market study in December 2016, it was clear that the study would look at particular terms in contracts covering matters of concern to those paying for care, for example, the size of up front deposits, unexpected fee increases and payment periods following the death of a resident. The study was …

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Paying sleep-in staff – HMRC’s Social Care Compliance Scheme – Care Home Professional

As most people in the sector know, HMRC has been seeking to force care homes to make back-payments to sleep-in workers; those who have been paid a flat rate for night shifts rather than the hourly National Minimum Wage. This followed two Employment Appeal Tribunal cases in 2016 (Focus Care Agency Ltd v Roberts and …

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Proportionality when taking Enforcement Decisions – The Tribunal disagrees with CQC

On 9 October 2017, the Tribunal issued an important judgement overturning a decision of CQC to impose an urgent condition on a provider’s registration preventing admissions to a care home without the prior written agreement of the regulator. In Clarendon Care Group v CQC [2017] 3125.EA-MoU, Ridouts acted for the provider. The Tribunal disagreed with …

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NHS England to hold back forecast £120m from CCG Finances

NHS England has announced it plans to retain an expected £120m, to act as a commissioner contribution to the system risk reserve. Paul Baumann, chief financial officer for NHS England, justified this decision by stating there was a ‘clearly demonstrated’ need for a risk reserve following the tight financial situation last year. The unexpected influx …

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