Articles & Publications

Ridouts NHS Alert: CQC hospital inspections and ratings– the experimental phase begins

The second wave of CQC’s new-style hospital inspections are due to take place between April and June 2014.  The results of the inspections will be scrutinised with great interest, as it is likely that if successful, the framework will be used as CQC’s inspection model across the wider health and social care sector in the …

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Ridouts NHS Alert: Do not attempt resuscitation (DNAR) decision making – some practical considerations for healthcare providers

At Ridouts, we have noticed increased scrutiny on the part of the Care Quality Commission (CQC) in relation to end of life care, of which DNAR decision-making is a key element.  In our experience, there is often a lack of awareness about the requirements that need to be followed by practitioners in relation to DNAR …

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Caring Times: Third Party Contributions – Get it Right

The Local Authority Ombudsman decision reported in last month’s issue of Caring Times is a stark reminder of the risks of third party contributions charged in breach of the legal rules.  In that case, a care home charged relatives the difference between what it charged the Local Authority for placements, and what it charged self-funded …

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Ridouts NHS Alert: Don’t be lulled into complacency– regulation is beginning to bite in the NHS

In May 2013, the Department of Health published a Joint Policy Statement on “The regulation and oversight of NHS trusts and NHS foundation trusts” which highlighted the NHS single failure regime to be policed by CQC, Monitor and the NHS Trust Development Authority.  Essentially what this document says is that CQC will be responsible for …

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Ridouts NHS Alert: CQC ditch Quality and Risk Profiles and introduce Intelligent Monitoring for NHS Hospitals

The Quality and Risk Profiles previously used by CQC have been replaced by a new ‘Intelligent Monitoring’ framework for NHS hospitals, introduced by the new Chief Inspector for Hospitals, Professor Sir Mike Richards. The Quality and Risk Profile system, which was used by CQC to assess where risks might lie in an organisation, was intended …

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Healthcare Business: How New Inquest Laws Affect Providers

In July, a new legal framework for inquests came into force in England and Wales.  The overall duty of Coroners remains the same; to investigate unnatural deaths, deaths of which the cause is unknown and deaths in custody or other state control.  That investigation must include an inquest in which the following matters are to …

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Healthcare Business: Are Serious Case Reviews fit for purpose?

In the last few weeks, the Serious Case Review detailing the tragic death of Daniel Pelka was published which highlights that, whilst the various agencies involved with Daniel could not have predicted his death, there were too many missed opportunities for them to take action.  This is the theme of many Serious Case Reviews of …

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Healthcare Business: 910 Warning Notices issued – is this figure misleading?

CQC’s annual report for 2012/2013 notes that during the course of that year CQC issued 910 warning notices, up from 638 the year before.  People have asked what does this demonstrate?  Are standards declining or have CQC pulled its socks up and uncovering more misdemeanours?  Well there is a third, more cynical option, that CQC …

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Healthcare Business: More Guidance on Warning Notices but still uncertainty

In May 2013 CQC issued new Guidance on Warning Notices.  The Guidance goes some way to deal with the issues that Ridouts has relentlessly pushed CQC to consider as part of representations we have made on behalf of clients challenging Warning Notices since their introduction. CQC now accepts that it must consider representations beyond why …

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Caring Times: How many new starts does CQC require?

At Ridouts we have seen an increasingly aggressive CQC emerging over the last year.  It is not holding back when it comes to taking enforcement action against providers it deems to be non-compliant with the law.  However, in our experience, whilst the CQC is determined to push forward fervently against providers, the case the CQC …

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