This month saw new Coroners’ Rules coming into force. It is therefore a timely moment to review the purpose of inquests and how they can affect providers. Inquests are required in respect of deaths which are violent or unnatural, when the cause of death is unknown or where the person died in state detention. The …
The Department of Health is currently consulting on strengthening corporate accountability in the health and social care sector. The consultation runs until 6 September 2013. There are three main elements: A new fit and proper test for directors Direct prosecutions of providers for breaches of fundamental standards A new statutory duty of candour. We deal …
Corporate accountability in the wake of Mid Staffordshire and Winterbourne View Read More »
In November 2011 and May 2012 The Ridout Report reported on Warning Notices, their shortcomings and the confusion arising out of published guidance. In May 2013 new guidance was published on Warning Notices. This new guidance does deal with some of the points that Ridouts has relentlessly pushed CQC to consider as part of representations …
New Warning Notices Guidance Published – better but still not clear Read More »
The Department of Health is currently consulting on strengthening corporate accountability in the health and social care sector. The consultation runs until 6 September 2013. There are three main elements: A new fit and proper test for directors Direct prosecutions of providers for breaches of fundamental standards A new statutory duty of candour. We deal …
Corporate accountability in the wake of Mid Staffordshire and Winterbourne View Read More »
On 8 May 2013 the Queen opened Parliament with a speech in which she stated that the government will be introducing a Care Bill that will, among other things, introduce an Ofsted-style rating system for hospitals and care homes. The new system is intended to present a clearer picture to the public of how care …
More and more service users are being identified as lacking capacity despite the legal assumption to the contrary. At Ridouts we are seeing many cases which demonstrate a serious lack of understanding about the effects of a lack of capacity. People should not be so labelled unless and until there has been a detailed and …
Protecting those who lack capacity – The Court of Protection – Be Aware! Beware! Read More »
At Ridouts, we have noticed increased scrutiny on the part of the Care Quality Commission (CQC) in relation to compliance with the Mental Capacity Act 2005. In part, this may be because CQC can now take direct enforcement action if the best interests framework established under the MCA is not being followed by a registered …
“Do not attempt resuscitation” (DNAR) decisions – Practical Steps for Providers Read More »
At Ridouts we have seen a significant increase in CQC issuing Notices of Proposals to cancel provider registrations, vary registrations by imposing a condition or removing a location and suspend registrations. All of these to date have been under section 26 of the Health and Social Care Act 2008 which is colloquially called the “slow …
Although the Mental Capacity Act 2005 (MCA) has been in force for over five years, its practical implementation in hospitals and community settings is yet to be broadly established. Particular concerns exist in relation to the complex issues of cardiopulmonary resuscitation and covert medication. However, the MCA applies to all aspects of the care and …
Over recent months, we have noticed an increasing number of notices of proposal to cancel the registrations of providers (or, for providers with multiple locations, notices of proposal to vary conditions to remove locations) being issued by the Care Quality Commission (“CQC”). This is not surprising given that since April 2012, CQC’s new enforcement policy …
Providers take note – cancellations of registrations are on the rise Read More »
Ridouts is a team of specialist health and social care lawyers, providing dedicated legal advice for care homes, GP practices, children’s homes, dental practices, domiciliary and home care agencies, supported and independent living services and both private and NHS hospitals.
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