Articles & Publications

Complaints Handling Process – in line with current guidance? As published in Caring Times – May 2020

 The Competition and Markets Authority (“CMA”) conducted a ‘Care Homes Market Study’  in 2018 and found that many service users and those acting on their behalf found it difficult to complain to care homes and regarded the complaints processes as unclear, complicated and confusing. As a result of this study, the Chartered Trading Standards Institute …

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CQC’s Emergency Support Framework for Adult Social Care

Since the 1 May when details of the  Emergency Support Framework (“ESF”) were first published, the CQC has been hosting a series of webinars to further explain to Providers what the Framework is and how it will work in practice. This article summarises some of the main points raised and aims to give Providers some insight …

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What healthcare providers need to know about reporting of Covid-19 under RIDDOR

This article is written for healthcare providers in their capacity as employers and it will consider employer duties in relation to work related incidents and the reporting of Covid-19 to the Health and Safety Executive (“HSE”). In the context of Covid-19, employers must only make a report under RIDDOR (The Reporting of Injuries, Diseases and …

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CQC’s Emergency Support Framework – not all it’s cracked up to be

I had to chuckle when I read the CQC Emergency Support Framework.   Billed as a supportive process, it would appear to be anything but. It is however not a laughing matter.  It appears to be a way to gather information about providers outside of the regulatory framework to use against them at a future date. …

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The issue of medication management during the COVID-19 crisis and beyond

At the time of writing this article on 30 April 2020, there have already been significant developments in the health and social care sector due to the coronavirus pandemic which has meant that guidance and best practice advice has changed rapidly in this area. In this article, I will focus on the issue of medication …

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Local Authorities Invoke Care Act 2014 Easements -what does it mean for providers?

Social care provisions under Schedule 12 of the Coronavirus Act 2020 came into force on 31 March 2020 when The Coronavirus Act 2020 (Commencement No.2) Regulations 2020 became law. Under the 2020 Regulations, Local Authorities have the power to misapply or modify certain duties in the Care Act 2014. The new regime does not apply …

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WHO announces a “deeply concerning picture” on COVID-19 deaths in long-term care facilities

In a statement yesterday by the World Health Organisation Regional Director for Europe, Dr Hans Kluge, it was confirmed that current WHO estimates suggest that up to half of Covid-19 related deaths in Europe have been residents in long-term care facilities. Unfortunately, this is not a huge surprise. A significant proportion of long-term residents of …

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The UK formally relaxes competition law rules to facilitate Covid-19 response

The UK government made an Order which partially exempts some independent healthcare providers from existing competition law rules. Chapter 1 of the Competition Act 1998 prohibits organisations from making agreements and certain decisions which have the “object or effect” of restricting competition in the UK. If such agreements are made, under the 1998 Act, they …

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How does the COVID-19 Action Plan for Social Care affect admissions to Care Homes?

This is now my third article examining developing Government guidance and how it impacts the issue of admissions into care homes during the COVID- 19 pandemic. Yesterday, the Social Care sector took centre stage at the Government daily briefing as Matt Hancock revealed a number of headline promises for the sector.  More detail on these …

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How the CQC is supporting Adult Social Care during the COVID-19 pandemic

For the last couple of weeks the CQC has appeared not to be doing much other than having conversations with government bodies. Kate Terroni’s announcement yesterday, on the back of the Government’s daily briefing appears to illustrate that those conversations have developed into a more concrete plans. Not only has the CQC contributed to the …

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