Providers need to be aware of a little known enforcement power which CQC can rely upon whenever it believes that service users will or may be exposed to unnecessary and serious harm to their safety and welfare if it does not act immediately. Under section 31 of the Health and Social Care Act 2008, CQC …
Caring Times: Urgent enforcement action by CQC could be entering a new realm Read More »
Whilst a caring character is a necessary quality to be a good carer, it is not sufficient. Even the most caring person needs to be trained how to care in a way which complies with good practice and regulatory requirements. It is fundamental that carers have all necessary training and equally important that a workable …
I recently wrote about how exclusive use of framework agreements by PCTs was found to breach NHS competition rules. PCTs are beginning to wake up to that point. We were instructed on another similar case recently, and the PCT quickly conceded our submissions when we drew its attention to the relevant decision of the Co-operation …
Care Agenda: A Brief Guide to Preferred Provider Lists Read More »
If the Law Commission’s recommendations are implemented, the role of adult protection will be put on a statutory footing. The three key recommendations are that local authorities will have a statutory duty regarding adult protection, there will be a duty to investigate cases in defined circumstances and there will be a statutory duty for stakeholders …
Care Agenda: Help Shape a Better Future for Adult Protection Read More »
The scathing criticism of CQC by the Health Committee in its annual report will come as no surprise to the sector. Last year, providers were scratching their heads wondering why so much time and effort was being invested in re-registering providers who were already providing services. The idea, of course, was nonsense. In practice, it …
Healthcare Business: CQC’s Obvious Errors: Why Won’t It LISTEN???!!! Read More »
Current Safeguarding Framework The current adult safeguarding framework does not include consolidated legislation which defines safeguarding duties and processes. As a result, real uncertainties exist as to who is responsible when safeguarding alerts are raised. The Department of Health’s No Secrets document, published in 2000, provides guidance to local agencies which have a responsibility to …
The government has decided to drop plans for an excellence award for social care providers after it was universally rejected by the sector. Speaking at the National Care Association conference this week, Care Quality Commission chair Jo Williams said: “It’s clear yourselves and others have said it’s not going to work and it doesn’t add …
Research by UKHCA has found that home care staff are facing reduced pay and conditions are being put at risk of council cuts to providers. Staff are having to work longer hours in order to make up their salaries along with some having to work two jobs. UKHCA has also found that there were safety …
Home care staff face worsening pay and reduced safety Read More »
It is difficult to overstate how important good record keeping is yet it is surprisingly rare. Good record keeping ensures that relevant information is captured for use by carers and other professionals. That information may be needed for a variety of reasons including, among other things: • Identifying trends for use in risk assessments. • …
Two decisions of the Co-operation and Competition Panel (CCP) in September appear to scupper hopes that the CCP will provide a remedy to continuing care providers facing reductions in fees. Last year, we successfully brought a complaint to the CCP concerning commissioning arrangements that involved using an exclusive framework agreement that would only be re-opened …
Care Agenda: Co-operation and Competition Panel Fails to Robustly Consider Reducing Fees Read More »
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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