Articles & Publications

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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Sexual Safety in Care: Considering the recent case of CQC v Hillgreen Care Limited [2018]

There has been recent media attention in relation to sexual safety of service users in care homes following the case of CQC v Hillgreen Care Limited [2018], where the provider was fined £300,000 for failing in its duty to protect service users in its care, exposing them to the risk of sexual abuse. District Judge …

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Care Talk Article – December 2018 – Time to get tough or time to get real?

The CQC has had a little shake up at the top recently with Sir David Behan, CQC’s Chief executive stepping down and Ian Trenholm replacing his place. Mr Trenholm has previously been chief executive of NHS Blood and Transport since 2014 and had started his career in the police service. During a recent interview, Mr …

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Challenging CQC inspection reports and ratings – DDN – December 2018

CQC now has the power to rate independent standalone substance misuse services and is currently rolling out its first wave of comprehensive inspections to establish a ratings baseline for future inspections.  This is the first time such services are being rated by CQC.  Adverse ratings can have a negative impact on the financial and operational …

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ACHIEVING A HEALTH AND SOCIAL CARE SYSTEM FIT FOR PURPOSE – A GREEN PAPER – SOLUTIONS FROM A LEADING SPECIALIST HEALTH AND SOCIAL CARE LAW FIRM

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 …

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Deprivation of Liberties: when will we get it right? As published in Caring Times – November 2018

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 …

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An inspection regime with room for improvement – HSJ article – October 2018

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 …

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The delicate balancing act of support and scrutiny in regulation

CQC has completed its first cycle of inspections under its new inspection regime. But, what now? How have inspections impacted the adult social care sector? The Kings Fund and Alliance Manchester Business School (“AMBS”) have produced a report evaluating the CQC’s approach to inspecting and rating health and social care providers. The findings of the …

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Could Improvements post-inspection now be reported on in CQC reports? (as published in Healthcare Business – September 2018)

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 …

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Paul Ridout expresses his concern to the Health Service Journal about CQC’s recent Tribunal success in appeal against its refusal to increase number of beds for people with learning difficulties

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 …

Paul Ridout expresses his concern to the Health Service Journal about CQC’s recent Tribunal success in appeal against its refusal to increase number of beds for people with learning difficulties Read More »

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