The CQC can seek to cancel a provider’s registration through a number of means which includes by a Notice of Proposal, or a Magistrate Court Order/Section 30 Order. The CQC can also vary a provider’s registartion and remove a Location, so in effect, cancel a home/agency location on an urgent basis under Section 31.
The Scottish regulator of health and social care providers
The Welsh regulator of health and social care providers
The English regulator of health and social care providers, carrying on regulated activities
Care Insectorate Wales
At the end of an Inquest, after all the evidence has been heard, the Coroner (or Jury, if there is on) will reach a Conclusion. There are a number of short form conclusions that can be made, such as accident, unlawful killing, suicide, open conclusion. A Narrative conclusion may also be offered, which is a short description of the circumstances of the death, if the Coroner/jury does not think that the short form Conslusion adequately captures the central issues in the case.
Care Quality Commission
A local authority can place an embargo on a provider and prevent a location from admitting or taking on new local authority funded service users. This usually occurs when there is a Safeguarding Investigation on-going.
Factual Accuracy Comments
A provider can challenge the factual accuracy of a draft inspection report that it receives following a CQC inspection
Is an independent tribunal which hears appeals by providers against some enforcement action taken by the CQC.
A fixed penalty notice can be issued where a health and social care provider has failed, amongst other reasons, to comply with relevant legislation. A Fixed Penalty Notice is an alternative to bringing prosecuted. By accpeting the FPN a provider is admitting liability.
A Coroner has a duty to investigate a death in certain circumstances. These are where the Coroner has reason to suspect that : – the deceased died a violent death; – the deceased died an unnatural death; The cause of the death is unknown; or the deceased died whilst in custody or state detention.
An inspection report is a document that the CQC will produce and send to a provider in draft form after an inspection has been carried out. The provider then has 10 working days to make Factual Accuracy Comments (FAC).
Certain persons are considered an Interested Person within the Inquest process: the family of the deceased, medical practitioner involved in the death, the home/hospital where the person died. Others can apply to the Coroner to be considered an Interested Person and the Coroner will decide.
The Local Authority Designated Officer (LADO) is the officer within a local authority who should be notifed if there is an allegation raised against an adult working with children.
A Magistrate can order the immediate cacellation of a provider’s registration under Section 30 of the Health and Social Care Act 2008, upon application of the CQC.
Can be made at an Inquest if the Coroner/jury does not think that the Short Form Conslusion adequately captures the central issues in the case. It is a short description of the circumstances of the death.
At an Inquest the Coroner can decide to make a finding of contributory neglect – either as part of a Short Form Conclusion or as a Narrative Conclusion. Neglect is not a Conclusion in its own right.
Notice of Decision
Notice of Proposal
A Notice of Decision is a document that, either: 1) the CQC has to issue after it has issued a Notice of Proposal, or 2) can be the first document the CQC serves when it takes urgent action against a provider. If it is served on an urgent basis, it will be served under Section 31 of the Health and Social Care Act.
A Notice of Proposal is a document that the CQC has to issue on a provider if it proposes to take certain action. The action can include: Cancellation of a provider’s registration; Suspension of a provider’s registration; Varying Conditions of Registartion; Adding and Removing Conditions of Registration.
Following a Factual Accuracy Comment challenge, a provider can submit a review to have one or more ratings reviewed. The only ground for the Rating Review is because the Provider alleges the inspector did not follow the process for making ratings decisions and aggregating them.
A Safeguarding Adult Review must be arranged by a Safeguarding Adults Board when: – An adult in its area with needs for care and support (whether or not that local authority is meeting any of those needs) dies as a result of abuse or neglect (known or suspected, pre-or post-death); or – where the adult is still alive but has experienced serious neglect or abuse; and – there is reasonable cause for concern about how the Safeguarding Adults Board and partner agencies worked together to safeguard the adult.The purpose of the Safeguarding Adult Rewview is to identify lessons to be learned from the case in point and to apply those lessons to future cases to reduce the change of the incident happening again.
A Section 42 Investigation
“Section 30 of the Health and Social Care Act 2008, enables the CQC to apply to a Magistrates’ Court for an order to cancel a provider’s registration on an urgent basis “it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being””. The order takes effect immediately.
Section 31 refers to Section 31 of the Health and Social Care Act 2008. The CQC has the power to take urgent enforcement action under this section of the act of it has reasonable cause to believe that unless it acts any person will or may be exposed to the risk of harm. The CQC will serve a section 31 Notice of Decision and it takes effect immediately. Such action can include: Varying a provider’s registration to remove a location (e.g. cancel a home’s registration); Add conditions to a provider’s registration e.g. stop admitting service users.
Under section 42 of the Care Act 2014, a local authority must make enquiries if it believes an adult is experiencing, or is at risk of, abuse or neglect. This is known as a Section 42 Investigation.
Section 64 of the Health and Social Care Act 2008 enables the Care Quality Commission to request any information, documents, records or other items from a provider if it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
I a type of Conclusion that can be reached at the end of an Inquest. There are a number of short form conclusions that can be made, such as accident, unlawful killing, suicide, open conclusion.
The CQC can suspend a provider’s registration, usually for a set period of time. The CQC can serve either a Notice of Proposal or a Notoce of Decision depending on the deemed urgency of the action.
The CQC can vary a provider’s registration. The CQC can do this: by adding conditions of registration, for example, a provider must send weekly audit reports to the CQC; by removing conditions of registration, for example, a location at which a provider is arrying on a regulated activity; or varying your existing conditionsT, for example, reducing the number of service users you can provide regulated activities to. The CQC can serve either a Notice of Proposal or a Notice of Decision depending on the deemed urgency of the action.
A Warning Notice can be issued by the CQC when it has evidence that a provider has breached certain legislation or a condition of registration. The breach can be current or be a past breach which has since been put right.