Articles & Publications

Caring Times: Urgent enforcement action by CQC could be entering a new realm

Providers need to be aware of a little known enforcement power which CQC can rely upon whenever it believes that service users will or may be exposed to unnecessary and serious harm to their safety and welfare if it does not act immediately.  Under section 31 of the Health and Social Care Act 2008, CQC …

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Care Agenda: A Brief Guide to Preferred Provider Lists

I recently wrote about how exclusive use of framework agreements by PCTs was found to breach NHS competition rules.  PCTs are beginning to wake up to that point.  We were instructed on another similar case recently, and the PCT quickly conceded our submissions when we drew its attention to the relevant decision of the Co-operation …

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Care Agenda: Help Shape a Better Future for Adult Protection

If the Law Commission’s recommendations are implemented, the role of adult protection will be put on a statutory footing.  The three key recommendations are that local authorities will have a statutory duty regarding adult protection, there will be a duty to investigate cases in defined circumstances and there will be a statutory duty for stakeholders …

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Healthcare Business: CQC’s Obvious Errors: Why Won’t It LISTEN???!!!

The scathing criticism of CQC by the Health Committee in its annual report will come as no surprise to the sector.   Last year, providers were scratching their heads wondering why so much time and effort was being invested in re-registering providers who were already providing services.  The idea, of course, was nonsense.  In practice, it …

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Care Talk: Record-Keeping and Report Writing

It is difficult to overstate how important good record keeping is yet it is surprisingly rare.  Good record keeping ensures that relevant information is captured for use by carers and other professionals.  That information may be needed for a variety of reasons including, among other things: •    Identifying trends for use in risk assessments. •   …

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Healthcare Business: Do local authorities have the authority? – How they are confusing their role

At Ridouts we are seeing an increased number of local authorities getting close to and acting beyond their legal powers. Local Authorities have very limited powers yet in many instances are trying to either regulate or micro-manage a care home business.  This should be resisted. Local authorities have two distinct roles, although these can often …

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Care Agenda: Co-operation and Competition Panel Fails to Robustly Consider Reducing Fees

Two decisions of the Co-operation and Competition Panel (CCP) in September appear to scupper hopes that the CCP will provide a remedy to continuing care providers facing reductions in fees.  Last year, we successfully brought a complaint to the CCP concerning commissioning arrangements that involved using an exclusive framework agreement that would only be re-opened …

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