Articles & Publications

The Emergence Of Fee Disputes Between Care Home Providers And Local Authorities

Ridouts has seen an emergence of fee disputes between care home providers and local authorities in recent times. These disputes are arising out of the Care Act 2014 in respect of financial needs assessments or annual fee increases, where the local authority (“LA”) has refused to pay. Disputes particularly centre around the aspect of “financial …

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The Importance Of Consumer Law Obligations In Social Care – Providing Quality Care

In this third installment of my four-part series on consumer law obligations, and their relevance to health and social care providers, I will be discussing what terms are implied into care contracts in relation to the quality of care provided. This will largely focus on adult social care providers, and in particular care homes and …

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If Your CQC Registration Is Dormant, CQC May Cancel It

The Care Quality Commission’s (“CQC”) use of enforcement action, namely notices of proposal (“NOP”) and notices of decision (“NOD”), to either vary or cancel a provider’s registration is a fairly routine practice for providers who are perceived to have breached regulation(s) under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“Regulations”). The …

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What Can A Requires Improvement Rated Service Do To Get Re-Inspected By The CQC?

Over the last 3 years there has been one significant theme in the many conversations that we have had with care providers. They have not been visited by the CQC in years and have been left stranded with a “Requires Improvement” rating that no longer represents their service. Their frustration is tangible and their question …

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What Are The Regulatory Risks Of Providing On-Line Healthcare Services?

Given the increased cost of living, many healthcare providers may be considering moving their service online to reduce overheads. Whilst this is an option for some healthcare providers, such as pharmacies and doctors providing online consultations, it will not be feasible for others. Moving a service online has distinct advantages,  but a provider’s regulatory responsibilities …

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How Whistleblowing Can Negatively Affect Your Care Business – A Whistle Stop Tour On Whistleblowing

The 23 June was World Whistle-blower’s day, so it seemed timely to reflect on the subject, in particular a reminder of the law, updates to relevant guidance, the CQC’s approach to whistleblowing and best practice for providers. Law Whistleblowing legislation was implemented 25 years ago, through the Public Interest Disclosure Act 1998 (“PIDA”) being incorporated …

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