challenging cqc

Safeguarding In Adult Social Care: Harnessing A Runaway Train

During my time as a Solicitor at Ridouts I have been approached regularly by health and social care providers who are overwhelmed, frustrated or simply confused about complex safeguarding investigations. Processes to report and manage allegations and then fully investigate them are in place in order to protect vulnerable people. There are few that would …

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Section 64: A Simple Request Or A Formal Obligation?

At Ridouts, when the CQC issue a notice of proposal seeking the imposition of conditions on a provider’s registration, we commonly find ourselves submitting that such extreme measures are unnecessary given the CQC’s powers to make a one-off request for information under Section 64 of the Health and Social Care Act 2008 (“Act”). But, what …

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Facing An Inquest: What Does This Mean And What Risk Does It Pose To My Business?

Health and social care providers are all too aware of the possibility of a service user dying in their care, but how prepared are you for the inquest that may follow? What might initially appear to be a routine death can quickly develop into a lengthy and complex inquiry. This can be a difficult and …

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Coroner’s Inquests – A Salutary Reminder For All Decision Makers

Within the recent case of ‘An application by Patricia Downey for Judicial Review’ [2022] NICA 67, the Court of Appeal in Northern Ireland determined that a Coroner had demonstrated bias and prematurely predetermined the engagement of Article 2 before the commencement of an inquest. Background By way of background, Ms Downey’s daughter died in 2017 …

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CQCs New Regulatory Model Set To Be Introduced In Spring 2023, What Will Be Changing?

Many will now be aware that the CQC is set to switch to a new regulatory model. This will impact how the regulator conducts inspections on health and social care providers. It is proposed that the new regulatory model will be implemented from Spring 2023. The updated model will feature a new data driven approach, …

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An Unexpected Foe: Coping with a Commissioning Body’s Reaction to Adverse Regulatory Action 

Providers of health and social care services are all too aware of how vital their relationships are with stakeholders. Often they prioritise their relationships with the CQC or Ofsted because regulation underpins all other areas of service provision, however, providers should not underestimate the enormous impact local authority / CCG commissioner relationships and interactions have …

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CQC Hot Topic – Providers Under Scrutiny for Staffing Records

Over recent months we have noticed an increase in Providers being criticised by the CQC in relation to compliance with regulatory requirements related to staff recruitment records. This can lead to regulatory breaches being referenced in inspection reports which can limit a Provider’s CQC rating. What do the Regulations say? Regulation 19 of the Health …

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The CQC And Its Move Towards Imposing Conditions On Registration

During the COVID-19 pandemic, the CQC introduced a risk-based inspection model and focused its inspection activity where service users were deemed to be at risk of harm. Since the introduction of this risk-based system, we have seen an overall increase in the CQC’s enforcement action. This has also been confirmed by the CQC’s Chief Executive Ian …

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Should Providers Accept Or Challenge CQC’s Findings?

Many health and social care providers decide to engage with CQC in the spirit of cooperation and collaboration. They accept the ratings awarded to them by CQC and they accept CQC’s findings and don’t challenge them as they are not confident that their efforts will lead to successfully changing CQC’s position. This lack of challenge …

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