Providers often find it difficult to shake off a poor CQC rating. Once the CQC has downgraded a service’s rating it often takes more than one inspection for the rating to be upgraded. In this article I explore the difficulties providers face to get the CQC to re-inspect and re-rate their service, in light of …
As all Providers and Registered Managers will be aware, Regulation 20 of the Health & Social Care Act 2008 (Regulated Activities) Regulations 2014 (Duty of Candour) states that “Registered persons must act in an open and transparent way with relevant persons in relation to care and treatment provided to service users in carrying on a …
Duty Of Candour – Are We Beginning To See A Growth In Prominence? Read More »
At Ridouts, we have noticed that the latest ‘hot topics’ which CQC inspectors tend to focus on during inspections are as follows: Staff recruitment records Providers are required to ensure that their staff are fit and proper persons. Staff recruitment records should be robust and include; proof of identity, a criminal record certificate where required, references …
Ridouts have observed that the CQC have intensified the aggressive presentation of inspections and inspection reports over recent months. This is particularly noticeable in the CQC attitude to primary care and GP practice interactions. Unsurprisingly, but, most unfortunately many of those engaged in front line inspection lack any medical qualification or experience, and, when that …
Records are one of the main focus areas during a CQC inspection and one of the main sources of evidence that the CQC relies on when determining if a service is Safe, Effective, Caring, Responsive and Well-led. It is therefore important that records are as accurate and detailed as they can be. In February 2023, …
The Importance Of Good Record Keeping In Your Care Business Read More »
One of the most stressful times for social care providers are CQC inspections. Many have described inspectors as having an ‘agenda’ – looking to uncover negative evidence in order to substantiate preconceived determinations about the overall quality of the service and care provided. This not only puts providers and staff under extreme pressure, but can …
The Health and Safety Executive (“HSE”) has successfully prosecuted Bupa Care Homes (CFHCare) (“Bupa”) under Section 3(1) of the Health and Safety at Work etc. Act 1974 for failing to provide and implement a system of tree management at the Oak Lodge Care Home in Southampton (the “Care Home”). The HSE’s prosecution stemmed from an …
Check Your Trees! Care Home Fined £400,000 For Injuries Resulting From Fallen Tree Read More »
As all Providers will be acutely aware, the CQC has the power to criminally prosecute under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 where safe care and high quality treatment fails to be provided to a patient. Since 2021, the CQC appears to have focussed their attention on the provision of …
CQC Prosecution – Largest fine issued in connection with maternity services Read More »
The CQC makes judgements about the quality of the services it inspects by following its own processes. Some questions whether the regulator is justified in making such judgements. A recent case of note against the CQC, which is presently going through the courts, succeeded in part. It found that there was a case to answer …
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 …
Safeguarding In Adult Social Care: Harnessing A Runaway Train Read More »
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.
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