Inspection Reports

Following site visit inspections, the Care Quality Commission (CQC) and Ofsted will produce an inspection report recording their findings. This includes rating a service. The final reports are publicly published and are used by commissioners and purchasers of services when deciding where to place service users or loved ones.

Inaccurate Regulator Findings

Providers can suffer reputational, staffing and financial damage as a result of an inaccurate inspection report.

Issues with draft inspection reports may include:

  • Factually inaccurate reports
  • Reports lacking proportionality
  • Ratings and judgements not reflective of the service provided
  • Findings of breach of regulation

Providers have a short period of time to make factual accuracy comments and challenge the ratings made. If you do not make representations, you will be deemed to accept the findings. 

Rating Review

Following the completion of the factual accuracy process, adult health and social care providers have the right to request a Rating Review but only on the ground that the CQC has not followed the factual accuracy procedure.  It is not an opportunity to raise any factual matters or concerns around judgements – both these should be done at the factual accuracy stage.

Effects of Inaccurate Inspection Reports

Providers can suffer reputational, staffing and financial damage as a result of an inaccurate inspection report.  As a result, service users and children can be removed from services by commissioners and no further placements made.

Inspections can lead to other enforcement action. This can happen immediately or following a succession of reports showing non-compliance.

Ridouts can help you by:

  • Drafting factual accuracy comments submissions
  • Collating evidence in support of factual accuracy comments
  • Challenging ratings
  • Rating Reviews
  • Pre-action protocol letters and complaints where comments to inspection reports have not been thoroughly or properly considered

Outcomes achieved include: 

  • Increase in individual KLOE ratings
  • Increase in overall service rating
  • Removal of breaches of regulation
  • Removal of allegations
  • Changes to negative language used
  • Reports withdrawn and re-inspection carried out

Get In Touch

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.     •     +44 (0) 207 317 0340   
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