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An inquest is called where a person has died in circumstances where the cause of death is unknown; the person has died in violent or through unnatural causes; or the person died in the care or custody of the state. An inquest is a fact-finding...
The CQC has a wide range of criminal enforcement powers which include the power to prosecute and issue fixed penalty notices or simple cautions to organisations and individuals. These powers are, however, limited to registered providers and certain...
Between 2023 and 2024, it is reported that the Care Quality Commission (CQC) has undertaken four prosecutions of businesses carrying out regulated activities without CQC registration. The list of prosecutions undertaken by the CQC since 2009 can be found...
The Care Quality Commission (CQC) have a wide range of civil and criminal enforcement powers, which are outlined within the CQC’s enforcement policy. The CQC can utilise these powers against registered providers and managers within the health and...
The government has released an interim report today which identifies significant failings with the effectiveness of the Care Quality Commission (CQC). Amongst the failings identified were low inspection levels, inspectors lacking necessary...
The Care Quality Commission (CQC) recently implemented its new single assessment framework which has made a number of significant changes to the way it inspects and rates health and social care providers, including a new scoring system. You can read more...
The CQC has now implemented a new single assessment framework and all health and social care providers will be assessed under this framework moving forwards. Whilst it is still based on an assessment of the five key questions of safe; effective; caring;...
As all health and social care providers will be aware, the Care Quality Commission (CQC) has now implemented its new single assessment framework with assessments being undertaken across England. Since its initial inception, there have been a number of...
The contents of CQC’s State of Care report 2022/2023 is unlikely to come as a shock to adult social care providers as there have been many significant ongoing challenges for providers in the past few years. The cost of living crisis has placed...
Since the CQC’s enforcement policy was published in 2015, it is clear to see that the CQC’s use of their criminal enforcement powers has been on the rise, particularly since the Covid-19 pandemic. The CQC has the power to prosecute...
The CQC has the power to cancel a service provider’s CQC registration pursuant to Section 17(1)(e) of the Health and Social Care Act 2008 and Regulation 6(1)(c) of the Care Quality Commission (Registration) Regulations 2009 if: “a registered...
The CQC’s Annual Report and Accounts 2021/2022 (the ‘annual report’) was published on 18 July 2023. The aim of this publication is to look at the CQC’s progress during the 2021/2022 financial year and identify any areas of focus...
From 1st January 2023, a new framework and handbook for inspecting local area arrangements for children and young people with special educational needs and/or disabilities (SEND) was jointly published by the Care Quality Commission (CQC) and Ofsted. ...
The government has recently published an open consultation, ‘Visiting in care homes, hospitals and hospices’ (updated on 28 June 2023) which outlines its proposal for new legislation which would make visiting a legal requirement in care homes...
Challenging a CQC inspection report or rating is important but it is often a step avoided by providers. Many providers often tell us that they are worried about challenging the CQC as they want to maintain a good relationship with their inspector and...
It is a criminal offence to carry out a regulated activity without being registered with the CQC under Section 10(1) of the Health and Social Care Act 2008. If found guilty of an offence under Section 10, the court can impose an unlimited fine and/or a...
In a press release issued by the Care Quality Commission (CQC) on 18 February 2022, it was reported that the CQC had prosecuted a care home provider of a residential care home providing personal care to people aged 65 and over, who may have dementia. ...
As of 11 November 2021, it was a legal requirement for registered persons, namely those registered as providers and managers with the Care Quality Commission (CQC), to ensure that only people who are fully vaccinated against COVID-19 were permitted to...
From 11 November 2021, it will be a legal requirement for registered persons, namely those registered as providers and managers with the Care Quality Commission (CQC), to ensure that only people who are fully vaccinated against COVID-19 are permitted to...
It was recently reported that the Care Quality Commission (CQC) prosecuted the registered provider of a residential care home for people with physical and learning disabilities, and those with acquired brain injuries for a failure to provide safe care...
All health and social care providers and managers have a statutory duty of candour in accordance with Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. This is a duty to act in an open and transparent way with...
The main purpose of many recruitment businesses in the care sector is to recruit the right individuals into a care setting. For many, this is where their role ends. However, it is becoming increasingly common for these types of businesses to take more of an...
Whilst the CQC’s core regulatory role has not changed, the pandemic has undoubtedly highlighted the need for the CQC to change its approach to the way in which it regulates, in order to allow more flexibility and to place themselves in a better...
In recent months, it has come to our attention that many of our clients are being incorrectly advised of their deadline for making a factual accuracy challenge to their draft inspection reports by their inspectors. When issuing a draft report, care...
It would be an understatement to say that 2020 had been a difficult and challenging year for the adult social care sector. The emergence of a global pandemic brought about significant change to the way in which care homes had to operate, as well as the way...
It was recently reported that the CQC prosecuted University Hospitals Plymouth NHS Trust for breaching the duty of candour, contrary to Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. This is the first reported...
One of the unfortunate outcomes of the COVID-19 pandemic is that many care homes and nursing homes may end up having to close due to the additional financial pressures this pandemic has placed on already struggling social care services. In recent years,...
A recent prosecution brought by the Care Quality Commission (CQC) against an unregistered provider has further highlighted a serious gap in the legislation concerning the regulation of unregistered services. On 10 June 2020, the owners of a homecare...
A regulated activity is defined as “an activity which involves, or is connected with, the provision of health or social care in, or in relation to, England." Activities which are considered to be connected with the provision of health or social...
The Care Quality Commission (CQC) published new guidance on 21st February 2019 for inspection teams and registered adult social care providers that sets out how care providers should consider the relationship and sexuality needs of people using adult...
On 28 th January 2019, the CQC implemented changes to their inspection report writing template and processes. The CQC state that these changes have been produced with and tested by care providers and inspectors and will apply to all inspection reports in...
The Care Quality Commission (CQC) has recently published guidance on managing the risk of falls from windows in a care home, as the seventh issue of its ‘learning from safety incidents’ resources. In this issue, the CQC describe an incident...
It was recently reported that the CQC prosecuted a care home provider in the Magistrates Court for failing in its duty to protect people in its care, exposing them to the risk of sexual abuse. The case concerned an allegation that the care...
It was recently reported that an 82 year old woman was permitted to register as a manager of a 25 bed care home for elderly residents by the Care Quality Commission (‘CQC’) in 2010, despite the CQC’s knowledge of her previous conviction...
Following an inspection by the CQC, the first challenge which providers are likely to encounter is a factual accuracy challenge against a draft inspection report. Before the CQC’s inspection report is published, providers are given the...
Adult social care providers should now be aware of the new assessment framework that was introduced by the Care Quality Commission (CQC) in November 2017, following a year of consultations. The CQC published its second consultation response in October 2017...
The CQC’s strategy for 2016 to 2021 sets out its aim to achieve a more “targeted, responsive and collaborative approach” so that more people can receive high quality care in the future. The CQC has therefore radically changed its approach...
The five largest care providers in the UK have expressed huge concerns over the introduction of the National Living Wage in a letter addressed to the Chancellor. It has been widely reported that this could potentially lead to the financial collapse of a...
Mr G, who was a Paramedic for the South East Coast Ambulance Service NHS Trust, was recently struck off by a Panel of the HCPC’s Conduct and Competence Committee. The Panel heard how Mr G attended a 999 call during the course of a night shift at a...
A mental health nurse, Ms Melanie Milner, appeared before a Panel of the Conduct and Competence Committee of the Nursing and Midwifery Council (NMC) last week after she was accused of taking 27 cans worth around £9 from a vending machine and sharing...
Dr Jonathon Ashton was erased from the GMC medical register recently following a fitness to practice hearing at the Medical Practitioner’s Tribunal Service. The Panel at the MPTS considered an allegation that Dr Ashton’s fitness to practice was...
Gavin Nicholson, a nurse, was convicted of three counts of sexual assault at Newcastle Crown Court and was subsequently referred to the Nursing and Midwifery Council (NMC). The NMC considered his fitness to practice at a hearing recently and made a finding...
