safeguarding Archives – Ridouts Solicitors

A change afoot for self-employed healthcare practitioners and enhanced DBS checks?

Safeguarding all patients, including children and vulnerable adults, is of paramount importance. Accordingly, all registered healthcare practitioners accept that they will be subject to Disclosure and Barring Service (“DBS”) checks, usually enhanced or enhanced with barred list checks, when employed or contracting with certain organisations. This not only provides the required assurances to those employing …

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How Whistleblowing Can Negatively Affect Your Care Business – A Whistle Stop Tour On Whistleblowing

Articles & Publications, News / By Gemma Nicholas

The 23 June was World Whistle-blower’s day, so it seemed timely to reflect on the subject, in particular a reminder of the law, updates to relevant guidance, the CQC’s approach to whistleblowing and best practice for providers. Law Whistleblowing legislation was implemented 25 years ago, through the Public Interest Disclosure Act 1998 (“PIDA”) being incorporated …

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Standing Firm: The Art Of Being A Health And Social Care Provider

Articles & Publications / By Jenny Wilde

Running a health and social care service has never been for the faint of heart – but difficult economic and political times bring new problems to providers in the sector. At Ridouts we see it as part of our job to empower providers to stand up for their services and demand fairness and a reasonable …

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Safeguarding In Adult Social Care: Harnessing A Runaway Train

Articles & Publications / By Jenny Wilde

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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The Issue With Local Authorities And Safeguarding Concerns

Articles & Publications / By Anna Lemmer

At Ridouts, we are regularly contacted by providers in relation to issues that they are having with the Local Authority Safeguarding Team and Section 42 safeguarding enquiries. This article considers some of the issues that arise as a result of Local Authorities failing to understand their duties and remit under the Care Act 2014 and …

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Managing Safeguarding Investigations

Articles & Publications / By Jenny Wilde

Safeguarding allegations are a hazard of the job when you work in health and social care. At Ridouts we are approached regularly by 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. …

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LPS update: The removal of the Care Home Manager role & the draft regulations

Articles & Publications / By Anna Lemmer

On 16 July 2020, the Government announced that the Liberty Protection Safeguards (“LPS”) which were due to be implemented on 1 October 2020 would be delayed until April 2022. The Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”), introduced the LPS to replace the Deprivation of Liberty Safeguards (“DoLS”). The LPS will authorise deprivation of liberty …

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The CQC’s position on the use of restraint in learning disability hospitals

News / By Nythan Smith

A report published on 22 October 2020 focuses on the use of restrictive practices and restraint in specialist hospitals which care for people with learning disabilities and/or autism. The report is critical of both providers who deliver care to these individuals and of the commissioners of care who fail to properly intervene prior to people’s …

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Safeguarding referrals – to notify or not to notify the CQC?

The Ridout Report / By Maddi Gaunt

All providers will (we hope) be familiar with safeguarding referrals. These need to be made to the relevant safeguarding authority when certain incidents, events, or near misses arise in the provision of care services. Many events which lead to safeguarding referrals also fall within the definition of what must be notified to the CQC as …

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