Articles & Publications

Standing up for your business – Healthcare Business July 2019

We have many providers of health and social care services contact us to describe in detail the injustices they have suffered at the hands of a regulator, a commissioner or a professional regulatory body. These stories often relate to inefficiencies within those respective organisations that have led to incorrect conclusions or unreasonable or disproportionate regulatory …

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Care Talk – June 2019 – How providers and their staff can influence CQC to be more consistent

CQC presented its draft Business Plan for 2019/2020 at its April Board meeting.  At the core of the plan are four key items, described as CQC’s purpose: encourage improvement, innovation and sustainability in care; deliver an intelligence driven approach to regulation; promote a single shared view of quality; improve their efficiencies and effectiveness. One of …

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The Mental Capacity (Amendment) Act 2019 has been given Royal Assent – what will happen when the new Liberty Protection Safeguards come into force?

On 16 May 2019, the Mental Capacity (Amendment) Act 2019 (“the Act”) was given Royal Assent and it is hoped that it will come into force in Spring 2020. The Act amends the Mental Capacity Act 2005 in relation to procedures in which a person may be deprived of their liberty where the person lacks …

The Mental Capacity (Amendment) Act 2019 has been given Royal Assent – what will happen when the new Liberty Protection Safeguards come into force? Read More »

Care Talk – May 2019 – Complaints in the spotlight

In February this year CQC launched its ‘Declare Your Care’ campaign, encouraging people to share their experiences of care with CQC to support it with its regulatory work.  The associated press release included data from a consumer research study commenting on people’s regrets about not raising concerns about health and social care services when they …

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Drink and Drug News – May 2019 – CQC Roll out New Factual Accuracy Process – the main changes for providers

My colleagues have written in previous issues of DDN about the importance of submitting comprehensive Factual Accuracy Comments (FACs) to your CQC inspection report if you consider that the report and/or rating is not a true reflection of your service. Most recently, one of my colleagues set out some of the changes proposed by the …

Drink and Drug News – May 2019 – CQC Roll out New Factual Accuracy Process – the main changes for providers Read More »

Caring Times – April 2019 – Negotiating with regulators and commissioners in the healthcare sector

The day has dawned and passed on what was supposed to be the day the UK exited the European Union. I can’t help but wonder what can be learned from the exercise and applied to the healthcare sector and its relationships with its regulators. Irrespective of one’s political leanings, much can be learned from the exit exercise. In our practice of acting for …

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Healthcare Business – April 2019 – Service user relationships and CQC: Is the intrusive regulator acting beyond its remit again?

In February 2019, CQC issued guidance on ‘relationships and sexuality in adult care services’ and how providers should consider service users’ relationship and sexuality needs. CQC hopes that the guidance will provide clarity and direction to providers to help support service users to manage their sexuality needs and to assist providers to safeguard vulnerable service …

Healthcare Business – April 2019 – Service user relationships and CQC: Is the intrusive regulator acting beyond its remit again? Read More »

Healthcare Business – February 2019 – CQC intends to ring in changes to how Providers can challenge its inspection reports

CQC has commented often that it wishes to improve the process of inspection specifically in relation to the speed at which reports are published following inspection.  CQC intends to bring in new guidance which will apply to all providers of health and social care around the process of checking reports for their factual accuracy. To …

Healthcare Business – February 2019 – CQC intends to ring in changes to how Providers can challenge its inspection reports Read More »

HSJ – January 2019 – An update on the reform of Deprivation of Liberty Safeguards

2018 has seen substantial reform and parliamentary time for the Deprivation of Liberty Safeguards (DoLs) legislation, much to the surprise of people who thought this would not be the case. But these developments have not come without opposition. In July we saw the Mental Capacity (Amendment) Bill introduced. This bill abolished the Deprivation of Liberty …

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Healthcare Business – CQC intends to prosecute more health and social care providers

CQC’s chief executive, Ian Trenholm announced his intention to bring more prosecutions of health and social care providers for breaches of the fundamental standards.  The numbers mooted at the time of that interview in early November 2018 were interpreted by some as alarming and certainly headline grabbing within the sector:  Potential prosecutions of 161 adult …

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