complaints

Is Judicial Review Available To Challenge CQC Decisions?

Providers may feel that they have nowhere to turn to seek justice when aggrieved by Care Quality Commission (“CQC”) decisions. There is a legal mechanism in place where Providers can challenge the decisions of the CQC, by issuing judicial review proceedings. In recent years, providers have increasingly sought to challenge the decisions of public bodies, …

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Receiving and acting on complaints – Could the CQC be due some self-reflection?

An effective complaints system is a key component to ensuring openness and transparency as well as encouraging internal insight within an organisation. In the health and social care sector, this is applicable both to Providers and those that regulate them. However, over the past few years at Ridouts we have noted a dilution in the …

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A Shift In Culture – The key to avoiding Risk-Based Inspections

Over 50% of CQC inspections in Adult Social Care are currently triggered by “information of concern” and providers should take note that over 55% of these “risk based” inspections have resulted in a rating of Requires Improvement or Inadequate. Providers should therefore be very wary of any “Information of concern”, which is not limited to …

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How does the CQC expect practices to handle complaints?

Over the last two years, many have predicted that there would be an upsurge in GP complaints, owing to the changes in working practices to cope with COVID-19. This article explores what primary medical service providers can do to strengthen their complaints processes with the aim of avoiding falling foul of Regulations 16 and 17 …

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Complaints Handling Process – in line with current guidance? As published in Caring Times – May 2020

 The Competition and Markets Authority (“CMA”) conducted a ‘Care Homes Market Study’  in 2018 and found that many service users and those acting on their behalf found it difficult to complain to care homes and regarded the complaints processes as unclear, complicated and confusing. As a result of this study, the Chartered Trading Standards Institute …

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Care Inspectorate sees rise in complaints in care services in Scotland

The Care Inspectorate, the national regulator for care services in Scotland released its quarterly figures last week. The third quarter figures 2019/2020, which include data up to the end of December 2019, indicate that whilst complaints to the regulator are on the rise, enforcement action remains relatively static. The number of complaints received by the …

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Standing up for your business – Healthcare Business July 2019

We have many providers of health and social care services contact us to describe in detail the injustices they have suffered at the hands of a regulator, a commissioner or a professional regulatory body. These stories often relate to inefficiencies within those respective organisations that have led to incorrect conclusions or unreasonable or disproportionate regulatory …

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Care Talk – May 2019 – Complaints in the spotlight

In February this year CQC launched its ‘Declare Your Care’ campaign, encouraging people to share their experiences of care with CQC to support it with its regulatory work.  The associated press release included data from a consumer research study commenting on people’s regrets about not raising concerns about health and social care services when they …

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HSJ – January 2019 – The Duty of Candour; a timely reminder to providers

CQC has for the first time used its criminal enforcement powers against a health and social care provider for a failure to comply with the Duty of Candour under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“Regulation 20”).  CQC fined Bradford Teaching Hospitals NHS Foundation Trust (the “Bradford …

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