Anna Maria Lemmer

CQC inspections – infection prevention and control

As CQC starts to increase its on-site activity, the regulator has been considering the precautions that its inspection teams should take in relation to infection and prevention control. CQC has consulted with the Department of Health and Social Care (the “DHSC”) about accessing COVID-19 tests for CQC inspectors. The DHSC have considered the matter and …

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NICE guidance on decision making and mental capacity

On 11 August 2020, the National Institute for Health and Care Excellence (“NICE”) published a Quality Standard on ‘Decision making and mental capacity’ (Quality Standard [QS194]). Quality Standards are reviewed by NICE every August and have the aim of helping practitioners improve the quality of care they provide or commission. Quality Standards are endorsed by …

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DHSC updates guidance for supported living providers

On 6 August 2020, the Department of Health and Social Care (DHSC) updated guidance for supported living providers. The guidance titled, ‘COVID-19: guidance for supported living’ expands on the previous advice given to supported living providers (which was withdrawn on 13 May 2020). The guidance sets out the following: key messages to assist with planning …

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50% of CQC inspections during the COVID-19 period were informed by whistleblowers – should you be reviewing your governance systems?

According to CQC’s board meeting minutes of 15 July 2020, 50% of CQC’s physical inspections were informed by whistleblowers during the COVID-19 period, which demonstrates that CQC is taking whistleblowing disclosures very seriously. The 15 July 2020 board meeting minutes also stated that “…In the month of May we completed seven inspections due to intelligence …

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Best interests decisions: A COVID-19 quick guide

The Social Care Institute for Excellence (“SCIE”) published guidance in July 2020 titled, “Best interests decisions: A COVID-19 quick guide” (“SCIE guidance”).  The SCIE guidance explains that application of the Mental Capacity Act 2005 (the “MCA”) in practice has been challenging due to the implications of COVID-19 and sets out how best interests decisions should …

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CQC publishes its second Insight Report and releases plans in relation to future inspections 

On 17 June 2020, CQC published its second insight report ‘COVID-19 Insight: Issue 2’. This report looks at the information CQC has gathered in relation to the pressures that services and local systems have faced and the efforts that have been made to tackle them. The insight report is split into the following 4 chapters: …

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The Court of Appeal judgment in R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 has provided clarity in relation to Article 2 obligations to protect life for care home residents

On 10 June 2020, the Court of Appeal handed their judgment down in the case of R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 which held that Article 2 of the European Convention of Human Rights (“ECHR”), was not engaged at the inquest into the death of a vulnerable …

The Court of Appeal judgment in R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 has provided clarity in relation to Article 2 obligations to protect life for care home residents Read More »

Guidance updated on MCA and DoLS during the COVID-19 pandemic

On 10 June 2020, the Department of Health and Social Care updated its guidance, ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance’. The guidance has been updated to include information about the right to appeal if someone is subject to emergency health powers and …

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