Articles & Publications

The Health & Care Worker Visa – What is it and How Providers can Utilise it

Immigration has been a hot topic in the news recently. The health and care sector in particular has been reliant on migrant workers to supplement their workforce amidst an ongoing staff shortage crisis. What is the Health and Care Worker Visa The Health and Care Worker Visa, which falls under the skilled worker visa category, …

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Is Judicial Review Available To Challenge CQC Decisions?

Providers may feel that they have nowhere to turn to seek justice when aggrieved by Care Quality Commission (“CQC”) decisions. There is a legal mechanism in place where Providers can challenge the decisions of the CQC, by issuing judicial review proceedings. In recent years, providers have increasingly sought to challenge the decisions of public bodies, …

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How To Handle Clinical Misunderstandings By The CQC

At Ridouts, it is not uncommon for us to receive correspondence from GP practice’s expressing frustration at continued clinical misunderstandings by the CQC. These misunderstandings tend to reveal themselves through factually inaccurate inspection reports, warning notices and may even result in the triggering of enforcement action. It is critical that a provider takes any opportunity …

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The Latest CQC ‘Hot Topic’ – Staff Recruitment Records

At Ridouts, we have recently noticed that staff recruitment records have been a key area of focus for CQC inspectors particularly in relation to agency workers and workers from overseas. The CQC’s report titled, ‘The state of health care and adult social care in England 2022/23’ (published on 20 October 2023) highlighted concerns in relation …

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Ofsted Enforcement: Notices Of Proposal – What They Are And How To Respond

Receiving a Notice of Proposal from Ofsted can be a stressful time for Providers, not least because it indicates that Ofsted has serious concerns about a service. Understanding what a Notice of Proposal is, its legal impact and how to respond can help Providers move past the initial panic mode more quickly and enable them …

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Supported Accommodation For 16 And 17 Year Olds And The Requirement To Register With Ofsted

As of 28 October 2023, providers in England wishing to provide supported accommodation for looked-after children and care leavers aged 16 and 17 years of age (“Care Leavers”) are required to register with Ofsted and become subject to inspection, and regulation, in connection with Ofsted’s new quality standards. As Ofsted registration is a new requirement …

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CQC Enforcement: Notices Of Proposal – What They Are And How To Respond

Receiving a Notice of Proposal from the CQC can be a stressful time for Providers, not least because it indicates the CQC has serious concerns about a service. Understanding what a Notice of Proposal is, its legal impact and how to respond can help Providers move past the initial panic mode more quickly and enable …

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Supported Living vs. Care Homes – How the difference could impact Your CQC Registration and what it Means

Something we have been noticing at Ridouts recently is confusion over whether or not providers need to register as a care home. This has been prominent in the context of homecare/domiciliary care agency providers that are part of supported living schemes with local authorities and may assist service users with finding accommodation. Registered Activities – …

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The perils of student Fitness to Practise investigations and hearings

For most students on a regulator approved programme, the duration of their three, four- or five-year University degree is full of learning, development and gaining practical experience that will impact, form and shape their competence and skill on qualification. For a small proportion of students, however, their studies are prematurely cut short by termination, interim …

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CQC Misdiagnose Regulatory Breaches and Damage Good Providers

It is a regular feature of CQC reports that a provider is said to be in breach of the Regulations which providers are required to observe. The principal regulations are the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the Regulations”); the so-called Fundamental Standards. This is a serious matter. CQC inspectors have …

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