Receiving a Notice of Proposal from Ofsted can be a stressful time for Providers, not least because it indicates that Ofsted has serious concerns about a service. Understanding what a Notice of Proposal is, its legal impact and how to respond can help Providers move past the initial panic mode more quickly and enable them …
Ofsted Enforcement: Notices Of Proposal – What They Are And How To Respond Read More »
Receiving a Notice of Proposal from the CQC can be a stressful time for Providers, not least because it indicates the CQC has serious concerns about a service. Understanding what a Notice of Proposal is, its legal impact and how to respond can help Providers move past the initial panic mode more quickly and enable …
CQC Enforcement: Notices Of Proposal – What They Are And How To Respond Read More »
The Care Quality Commission’s (“CQC”) use of enforcement action, namely notices of proposal (“NOP”) and notices of decision (“NOD”), to either vary or cancel a provider’s registration is a fairly routine practice for providers who are perceived to have breached regulation(s) under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“Regulations”). The …
If Your CQC Registration Is Dormant, CQC May Cancel It Read More »
In recent times, we have noticed that the CQC’s responses to warning notice representations have become very light touch. Reasoned responses to Provider’s detailed submissions and evidence have been replaced with blanket responses which simply specify whether the representations are being upheld or not with no reasons provided, alongside any associated decision on whether to …
Concern Over CQC’s Cursory Responses To Warning Notice Representations Read More »
In January 2023, in recognition of the pressures faced by the NHS during the winter, the CQC published its ‘Response to winter pressures’ which involved the CQC adjusting its regulatory activity to, “enable health and social care staff to carry on providing safe, high-quality care over winter months in the face of existing pressures”. As a …
An Update In Relation To The CQC’s Registration Service 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 »
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 »
It is always worrying when you receive a letter from the CQC that states it has decided to cancel your registration, suspend your registration, or impose conditions on your registration, which in effect, will prevent you as a provider from conducting business. At Ridouts we have received numerous calls from panicked providers about the effects …
Notices of Decision – Using the Appeal Process to your Advantage Read More »
At Ridouts we are frequently seeing that the CQC is automatically adopting Notices of Proposal, seemingly ignoring, or not testing the validity of, the representations submitted by Providers. In some cases the CQC is sending out Notices of Decision months after the Notice of Proposal was issued and therefore months and months, in some cases …
Are Your Representations Against CQC Notices of Proposal Being Ignored? Read More »
Many of the children’s home providers we advise at Ridouts are exasperated by the sheer speed at which concerns expressed by Ofsted can escalate into serious enforcement action. Regulatory concerns may start with relatively straightforward recommendations for improvement but quickly escalate to compliance actions and, in the most severe of circumstances, cancellation of registration. It …
If Ofsted cancelled your registration would you know what to do? 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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