Articles & Publications

The Supreme Court Ruling on National Minimum Wage for Sleep-in Shifts – Implications for Providers (as published in Care Home Management Magazine)

On 19 March 2021, the UK Supreme Court handed down its landmark decision in the case of Royal Mencap Society v Tomlinson Blake. The case concerned payment of National Minimum Wage (NMW) for sleep-in shifts. Specifically, the calculation of time spent by care workers for the purposes of the NMW regulations. The central question to …

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CQC’s use of criminal prosecutions of health and social care providers

CQC has the ability to prosecute providers criminally for breaches of certain regulations with the one most commonly used being the failure to provide safe care and treatment (Health and Social Care Act 2008 (Regulated Activities Regulations 2014: Regulation 12); but in addition harm or risk of harm must be proved.  Prosecutions that progress through …

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Considering CQC’s report on ‘do not attempt cardiopulmonary resuscitation’ decisions

In March 2021, CQC published a report titled, “Protect, respect, connect – decisions about living and dying well during COVID-19: CQC’s review of ‘do not attempt cardiopulmonary resuscitation’ decisions during the COVID-19 pandemic”. The report was published following CQC’s review of ‘do not attempt cardiopulmonary resuscitation’ (“DNACPR”) decisions during the COVID-19 pandemic. A copy of …

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Infection Prevention Control and the CQC – for Care Home Professional

In August 2020, CQC introduced specific Infection Prevention Control (“IPC”) inspections. IPC continues to be a current ‘hot topic’ of interest to CQC and it tends to be inspected under Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and assessed as part of CQC’s key question, ‘Is your service …

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Letters of Intent – A serious threat from the CQC – as published in Caring Times

Over the past 2 to 3 years we have witnessed an increasing distaste from the CQC for any form of challenge to their decisions in relation to care services.  Added to this the CQC have shown a strong preference to follow registration and enforcement action based on their own devised practices and procedures rather than …

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AN UPDATE: Considering the issue of mandatory COVID-19 vaccinations for health and social care workers

UPDATE: This article has been updated since it was first published on 4 January 2021 and since it was updated on 18 January 2021. The time of writing this article is 23 March 2021. During a December 2020 Ridouts’ webinar (Videos – Ridouts Solicitors) a healthcare provider asked the question, “Do you think it will …

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Our GP Practice has received a Section 31 Letter of Intent from CQC – what should we do? As published on GP Online

At Ridouts, we are seeing an increase in the use of ‘letters of intent’ as the CQC moves away from timetabled inspections towards a more risk based approach. A letter of intent indicates that the CQC has concerns about a service. The will say that the regulator is considering whether to use its powers pursuant …

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