Samantha Guest, Author at Ridouts Solicitors

How To Handle Clinical Misunderstandings By The CQC

Articles & Publications / By Samantha Guest

At Ridouts, it is not uncommon for us to receive correspondence from GP practice’s expressing frustration at continued clinical misunderstandings by the CQC. These misunderstandings tend to reveal themselves through factually inaccurate inspection reports, warning notices and may even result in the triggering of enforcement action. It is critical that a provider takes any opportunity …

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The perils of student Fitness to Practise investigations and hearings

Articles & Publications / By Samantha Guest

For most students on a regulator approved programme, the duration of their three, four- or five-year University degree is full of learning, development and gaining practical experience that will impact, form and shape their competence and skill on qualification. For a small proportion of students, however, their studies are prematurely cut short by termination, interim …

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Every Interaction Counts: The Making Of A Regulatory History

Articles & Publications, News / By Samantha Guest

Where police, prosecutors and criminal courts rely on a defendant’s criminal history to support its prosecution, a regulator places the same reliance on a provider or professional individuals’ regulatory history. While a criminal history requires a formal conviction before it will be considered as part of an individual’s history, a regulatory history does not have …

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If Your CQC Registration Is Dormant, CQC May Cancel It

Articles & Publications / By Samantha Guest

The Care Quality Commission’s (“CQC”) use of enforcement action, namely notices of proposal (“NOP”) and notices of decision (“NOD”), to either vary or cancel a provider’s registration is a fairly routine practice for providers who are perceived to have breached regulation(s) under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“Regulations”). The …

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The Attention Of One, May Lead To The Attention Of Many

Articles & Publications / By Samantha Guest

The information gathered by the CQC during a period of inspection has the potential to be passed to other public regulatory bodies. In certain environments, such as GP practices, where the majority of staff are also subject to professional rules and regulations, the CQC may take it upon themselves to share relevant information with the …

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The Power of Good Governance

Articles & Publications, News / By Samantha Guest

The words “we received concerns…” can often be found in an inspection report from the CQC. These illusive and ill-defined ‘concerns’ often form the basis for an inspection. This inspection may mark the beginning of a period of CQC scrutiny; this scrutiny may lead to enforcement action such as the issuing of a Warning Notice …

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The definition of ‘racial motivation’: a step toward defining a subjective act

News / By Samantha Guest

In the recent case of Lambert-Simpson v Health and Care Professions Council [2023] EWHC 481 (Admin), the High Court affirmed the meaning of ‘racially motivated’ in the context of professional discipline proceedings. Background: In July 2022, the Health and Care Professions Tribunal Service (“HCPTS”) conducted a fitness to practise hearing in connection with a registered …

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Section 64: A Simple Request Or A Formal Obligation?

Articles & Publications / By Samantha Guest

At Ridouts, when the CQC issue a notice of proposal seeking the imposition of conditions on a provider’s registration, we commonly find ourselves submitting that such extreme measures are unnecessary given the CQC’s powers to make a one-off request for information under Section 64 of the Health and Social Care Act 2008 (“Act”). But, what …

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Samantha Guest

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