Articles & Publications Archives – Page 28 of 46

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

Articles & Publications / By Jenny Wilde

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 »

Care Talk – Understanding Financial Abuse Within the Safeguarding Sphere

Articles & Publications / By Ridouts Solicitors

A highly common safeguarding challenge within a care home is financial abuse. It has been a subject of news reports this year and remains a critical one within the media, Government and CQC. As a result, it is essential that care workers are alert to the types of financial abuse within a care home, so …

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Challenging CQC’s Evidence Base – as published in Caring Times

Articles & Publications / By Samantha Burges

CQC appointed its new Chief Executive to the Board, Ian Trenholm. He is due to take over the role in July 2018 when Sir David Behan leaves. Mr Trenholm started his career in the police service before moving on to roles including Chief Operating Officer at Defra and Chief Executive of the Royal Borough of …

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A Landmark Ruling for Providers – Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] – workers are not working when asleep by contractual consent

Articles & Publications / By Anna Lemmer

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’) …

A Landmark Ruling for Providers – Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad [2018] – workers are not working when asleep by contractual consent Read More »

Would Video Assistant Referees improve CQC’s process of inspections? As published on Health Service Journal’s Insight and Influence Channel

Articles & Publications / By Nythan Smith

The 2018 Football World Cup was the first in history where live Video Assistant Referees (VAR) were brought in with the ambition of improving the quality or refereeing decisions. It hoped to achieve this by bringing to the referee’s attention in real time points of play which might have eluded them otherwise. CQC allows its …

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An important lesson in Legionella management and large company fines

Articles & Publications / By Camara Inglis

BUPA has been fined £3million following the death of a service user who contracted Legionnaires’ disease and died. This Health and Safety Executive (HSE) prosecution is significant because it looks at large company fine levels. Ipswich Crown Court heard that the service user moved into a BUPA care home in March 2015 and died three …

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Does CQC’s Amended Guidance Require Improvement? As published in Healthcare Business Magazine July 2018

Articles & Publications / By Laura P. Shelton

Last month CQC announced that they had updated their guidance on “How CQC monitors inspects and regulates adult social care services”. This document replaced the old Provider handbooks in November 2017. Of particular interest is the addition of a new section to the guidance setting out CQC’s position with regard to services repeatedly rated as …

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Modern Slavery and what it means for providers

Articles & Publications / By Anna Lemmer

There has been a lot of media coverage on modern slavery and human trafficking in recent times, both criminal offences under the Modern Slavery Act 2015 (‘the Act’). It is important to be aware that modern slavery can take place in a wide range of employment sectors, including health and social care settings. This could …

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The sector considers online prescribing

Articles & Publications / By Ridouts Solicitors

The General Pharmaceutical Council (GPhC) has just launched a consultation requesting views on changes to their 2015 guidance for pharmacy services, specially for those services provided on the internet or at a distance. The consultation process will run for 8 weeks, until 21 August 2018, and we strongly urge all providers within this specific sector …

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The CMA sets its sights on care home fees after death – what does it mean for providers?

Articles & Publications / By Ridouts Solicitors

On 31 May 2018 The Competition and Markets Authority (CMA) published advice to UK care home providers on charging fees after a resident’s death. The advice is based upon the Consumer Rights Act 2015 (CRA) and Consumer Protection for Unfair Trading Regulations 2008 (CPRs). The CRA applies a test of fairness to terms in a …

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