Prior to late-December 2022, Providers expected the CQC’s new inspection methodology would be ‘going live’ in Spring 2023. However, on 21 December 2022 the CQC released a news update setting out its ‘revised plan and approach for transformation’. This announced the CQC would be delaying full implementation of the new methodology and instead would be …
CQC’s New Inspection Methodology – What To Expect In 2023 Read More »
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 …
Section 64: A Simple Request Or A Formal Obligation? Read More »
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 …
Facing An Inquest: What Does This Mean And What Risk Does It Pose To My Business? Read More »
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 …
Coroner’s Inquests – A Salutary Reminder For All Decision Makers Read More »
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, …
CQCs New Regulatory Model Set To Be Introduced In Spring 2023, What Will Be Changing? Read More »
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 …
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 …
CQC Hot Topic – Providers Under Scrutiny for Staffing Records Read More »
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 …
The CQC And Its Move Towards Imposing Conditions On Registration Read More »
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 …
Should Providers Accept Or Challenge CQC’s Findings? Read More »
The CQC recently asked for feedback on the factual accuracy comment (“FAC”) process – the process whereby providers have 10 working days to submit comments to the CQC, following receipt of a draft inspection report. The process enables providers to comment, challenge and present evidence with a view to amending/changing the contents of the report, …
Revision Of The Factual Accuracy Comment Process Is As Clear As Mud 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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