CQC’s Guidance on meeting the ‘Fundamental Standards’

Topics covered: Ridouts professional advice

Guidance has been drafted by CQC for providers explaining how to meet the new ‘fundamental standards’ of care which are due to come into force in April 2015.

The new fundamental standards include both the new “duty of candour” and the “fit and proper persons” requirements. These requirements have the purpose of ensuring accountability of providers when there are failings in the care being provided.

CQC is also asking for opinions regarding its strengthened enforcement powers, as laid out in the Care Act 2014.

Regarding the guidance, David Behan, Chief Executive of the Care Quality Commission said: “We are consulting on our proposed guidance on how providers can meet the requirements of the new regulations and on how we intend to use our enforcement powers.

“It is essential that CQC uses these new responsibilities well to encourage a culture of openness and to hold providers and directors to account when care fails people.

“We have already started to inspect services against the five key questions that matter most to the people who use them – are they safe, effective, caring, responsive to people’s needs, and well-led. This helps our inspection teams to identify good care.

“Where our inspection teams identify poor care, this guidance will help us to determine whether there is a breach of regulations and if so, what action to take. In some cases, this will mean we will use our powers to prosecute.

“For providers, this will help them to make applications to register or vary their registration with CQC, and to make sure their services do not fall below acceptable levels.”

CQC’s consultation will remain open for 12 weeks, closing on Friday 17 October 2014.

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