Articles & Publications Archives

The Importance of Consumer Law Obligations in Social Care – Complaints Procedures

Articles & Publications / By Jennifer Durbin

In the final installment of my four-part series on consumer law obligations and their relevance to health and social care providers, I will look at the ins and outs of complaint procedures and what can help demonstrate compliance under both consumer law and the Health and Social Care Act 2008 (Regulated) Activities Regulations 2014 (“2014 …

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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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The CQC’s New Regulatory Regime – What We Know And Don’t Know

Articles & Publications / By Gemma Nicholas

Providers are anticipating the changes to the CQC’s regulatory approach and how they will impact on their businesses. The CQC is drip feeding us with information and it can be hard to see how everything fits together. The aim of this article is to bring you up-to date on the information that has been publicised …

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New COVID-19 Variants And Winter Jabs

Articles & Publications / By Jennifer Durbin

As winter approaches so does the cold and flu season. While we may no longer be getting the daily inundation of COVID-19 statistics, this does not mean that the virus has gone or that GP practices do not need to take it into consideration when planning for the upcoming winter period. The New COVID-19 Variant …

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Reclaiming The Narrative From CQC

Articles & Publications / By Nythan Smith

The CQC issues a provider with a report and that report tells the world what the CQC’s opinion is of the quality of that service. The CQC controls the narrative in respect of what it deems to be appropriate to publish, subject to any comments put forward by the provider. We often find that providers …

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The Emergence Of Fee Disputes Between Care Home Providers And Local Authorities

Articles & Publications / By Oliver Brown

Ridouts has seen an emergence of fee disputes between care home providers and local authorities in recent times. These disputes are arising out of the Care Act 2014 in respect of financial needs assessments or annual fee increases, where the local authority (“LA”) has refused to pay. Disputes particularly centre around the aspect of “financial …

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The Importance Of Consumer Law Obligations In Social Care – Providing Quality Care

Articles & Publications / By Jennifer Durbin

In this third installment of my four-part series on consumer law obligations, and their relevance to health and social care providers, I will be discussing what terms are implied into care contracts in relation to the quality of care provided. This will largely focus on adult social care providers, and in particular care homes and …

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How To Prepare For CQC Inspections

Articles & Publications / By Jenny Wilde

Whilst it’s impossible to determine how inspections of GP practices will look once the CQC’s single assessment framework comes into play in the months ahead, it is always important for practices and the staff that work there to be prepared for an inspection. No matter what the changes are, there will still be an intense …

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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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What Can A Requires Improvement Rated Service Do To Get Re-Inspected By The CQC?

Articles & Publications / By Ridouts Solicitors

Over the last 3 years there has been one significant theme in the many conversations that we have had with care providers. They have not been visited by the CQC in years and have been left stranded with a “Requires Improvement” rating that no longer represents their service. Their frustration is tangible and their question …

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