In November 2021 a domiciliary care provider in the Midlands was placed into special measures following a rating of Inadequate as a result of a CQC inspection. The CQC subsequently proposed to cancel the provider’s registration. The provider failed to use their right to appeal against this course of action and their registration has now been cancelled.
It was reported that the provider was “not open and honest” and “attempted to mislead the CQC inspector, about people being supported and the staff employed.” It was alleged that the provider had failed to perform any pre-employment checks on staff and no training records were kept to evidence ongoing learning. There was also a discrepancy in the records relating to the numbers of staff employed and people cared for reported to the CQC due to the provider not having care plans in place and its failure to use appropriate recruitment mechanisms and records.
The provider’s attempt to conceal its shortfalls has had a catastrophic regulatory impact.
Providers should be aware that they should never attempt to mislead the CQC with doctored records in order to escape regulatory consequences. It is always better to be transparent and if documents are incomplete, the provider should explain why.
Ways that providers can submit accurate evidence without disproportionately drawing attention to the shortfalls in their services can include:
- Ensuring evidence is robust, thorough and highlights the strengths of their service
- Ensure evidence is factually accurate, but place a narrative around it that sheds positive light on weaker areas of their service
- Only submitting evidence that is immediately relevant to concerns raised and no more
Additionally, it should be noted that providers should take up every opportunity to contest the CQC where they believe their service is being misrepresented.
Ridouts is here to help guide and advise providers where they have questions on evidence and submissions to the CQC. Our team of specialist solicitors have the knowledge and experience to ensure that any provider will have a fair and accurate representation put forth about their service. Should you require any assistance in challenging the CQC, including with inspection ratings, Notices of Proposal and Notices of Decision, please contact Ridouts Professional Services Ltd either by email: info@ridout-law.com or by calling 0207 317 0340.
