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Our team of specialist regulatory lawyers comment on the latest developments in the field. We welcome your comments on our posts. If you would like more information on our services, please don’t hesitate to contact us on 01616 966 229.

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Supported accommodation: Ofsted's inspection and enforcement powers

Chloe Parish
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Last week I provided guidance to those wanting to understand more about the requirements for registration for supported accommodation for a looked after child or a care leaver aged 16 or 17, particularly in light of this becoming mandatory on 28...

Does my supported accommodation service need to be registered with Ofsted?

Chloe Parish
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Historically, supported accommodation (sometimes referred to as independent or semi-independent provisions or unregulated provisions) for a looked after child or a care leaver aged 16 or 17 had no independent oversight. In December 2021, Ofsted agreed to...

CQC's State of Care report 2022/23

Laura Hannah
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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...

What are my options if I receive a clandestine entrant civil penalty?

Cameron Stubbs
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A clandestine entrant is a person who enters the UK concealed in a vehicle in order to evade border controls. Operators of commercial vehicles entering the UK are required to implement effective systems to prevent clandestine entrants stowing away in their...

How to apply for restoration to the NMC

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If you have been removed or struck off by the Nursing and Midwifery Council (NMC), you may wish to apply for restoration. The NMC will assess your fitness to practice before restoring you to the register, in line with Article 33 of the Nursing and Midwifery...

Significant increase in CQC prosecutions and fines

Laura Hannah
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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...

Dormant providers - what to do when CQC cancels registration

Laura Hannah
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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...

Should I challenge CQC's decision to refuse my application for registration?

Laura Hannah
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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...

Area SEND inspections: CQC and Ofsted's joint approach

Laura Hannah
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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. ...

Government plans to make visiting in care homes a fundamental standard for CQC registered providers

Laura Hannah
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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...

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