The Ridout Report

The Care Quality Commission’s proposed rating system for adult social care. What it will mean for providers.

On 9 April 2014, CQC issued for consultation its Provider handbooks for residential and community adult social care. The consultation is open until 4 June 2014.  The major change being consulted on is the new rating system for providers which is due to be introduced from October this year. Ratings The new ratings system is …

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Fitness of premises: Children’s Homes Location Reviews

Regulation 10 of the Children’s Homes and Looked After Children (Miscellaneous Amendments) (England) Regulations 2013 came into force on 27 January 2014 and introduced a requirement that children’s homes must carry out an annual review to ensure the premises are appropriately and suitably located to ensure that children are effectively safeguarded and able to access …

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Corporate and individual accountability in health and social care: a new criminal offence of ill-treatment or wilful neglect of patients may lead to up to 240 prosecutions a year

On 27 February 2014, the Department of Health issued its consultation document, “New offence of ill-treatment or wilful neglect”. The Government believes that there is a small but significant gap in the existing legislation in relation to the ill-treatment and wilful neglect of adults with capacity. In contrast to adults with full capacity, the Government …

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The new ‘Fundamental Standards’: vague, confusing and flawed

Last September, the DOH hailed the advent of the new draft Fundamental Standards (contained within the  new draft 2014 regulations) because the removal, in some instances, of the requirement for CQC to issue a warning notice prior to prosecuting providers was seen as being ‘likely to create a stronger deterrent effect against non-compliance with the …

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CQC cracks downs on locations operating without registered managers

Since November last year CQC has been issuing fixed penalty notices to providers who have been without a registered manager for more than six months.  We have obtained figures from CQC that reveal the following breakdown: ·         2 fixed penalty notices in November 2013; ·         79 in December 2013; and ·         47 in January 2014 …

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Local authorities behaving badly – the end of partnership working?

Times are tough for care providers, not just in terms of the funding deficit in social care but also because of the inadequate way in which many local authorities exercise their safeguarding and contract monitoring functions. At Ridouts, we come across many local authorities abusing their position of authority in the market to the detriment …

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Monitor’s new licensing regime is to be extended to the independent sector from April 2014 – will your services fall within it?

Currently, Monitor is only the Foundation Trust regulator.  A new Monitor licensing regime came into effect for Foundation Trusts on 1 April 2013.  This will be widened from 1 April 2014 to include the independent sector in relation to NHS funded services.  Monitor describes itself as the sector regulator for health care.  Its focus is …

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