Articles & Publications

13Nov 2018
The RIdout Report. LeafPatern

EXECUTIVE SUMMARY As a leading health and social care legal practice we recommend the following five fundamental changes to the health and social care system in England. The sector is not lacking ideas and recommendations but these need to be considered urgently by Government and policy makers. Now is the time to re-appraise some basic […]

02Nov 2018
The RIdout Report. Spiderweb

Promoting and safeguarding a person’s autonomy is a fundamental right, which is entrenched in national/international legal systems. Therefore, to infringe on such rights it is imperative that great consideration and thought is given to developing legislation which protect such rights. The Mental Capacity (Amendment) Bill (“Proposed Bill”), will replace the Deprivation of Liberty Safeguards (“DoLS”) in […]

10Oct 2018
Our Approach. Red Fabric Swirl

Last month the Kings Fund and Alliance Manchester Business School (AMBS) published a report analysing the effectiveness of the CQC’s approach to inspecting and rating health and social care providers.  The report is titled ‘Impact of the Care Quality Commission on provider performance – Room for improvement?’. While it noted that the current CQC inspection […]

06Sep 2018
The RIdout Report. Flower.

CQC inspections have, for years, been considered a “snap-shot” of a home/location on the day of the inspection.  CQC rock up, take a view of what they find, and then write a report and make a judgment on an appropriate rating. When challenging inspection report findings and ratings, sometimes our clients will provide us with evidence […]

06Sep 2018
The RIdout Report. Windy Dandelions.

On 24 August 2018 the HSJ wrote: The care quality watchdog has won an appeal to stop a private care provider increasing the number of beds for people with learning disabilities. The tribunal ruling has sparked fears that investors will not want to expand or set up units for fear of them being refused registration […]

18Jul 2018
The RIdout Report. Ice Frozen

The magnitude of the Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] EWCA Civ 164 should not be underestimated by health and social care providers. This appeal considered the issue of backdated “sleep in” liabilities and whether “sleep in” workers were entitled to the National Minimum Wage (‘NMW’) […]