Regulation
Our experienced health and social care solicitors advise providers on all aspects of Care Quality Commission inspections, registrations, tribunal matters and proceedings.
We work in partnership with health and social care providers including residential and nursing homes, and home care providers, advising them on their registrations with the Care Quality Commission (CQC), and any conditions on registration, notices, tribunal issues or outcomes of inspections such as ratings.
We recognise that obtaining and maintaining registration with CQC, and the application of their inspection regime, is a key regulatory issue for care providers. Our in-depth knowledge of how CQC operates, and expects providers to respond to its policies and procedures, enables us to give our clients a crucial insight into how best to engage with the regulator.
Guiding clients through the process of registering their care service, we ensure that care providers comply with the relevant regulations, as well as providing support when they have not been met or compliance is being challenged. When faced with unsatisfactory inspection outcomes providers need immediate support to determine how best to use the opportunities available to get the right outcome—whether through formal or informal approaches.
We regularly work with providers to assist them with challenging factually inaccurate CQC reports or challenging ratings. We also advise clients when CQC is taking action against them for not meeting care standards or regulations, and whether by way of service a Warning Notice, a Notice of Proposal or by way of Tribunal Proceedings in the Care Standards Tribunal.
Our inspections and registration service
Our specialist health and social care regulatory solicitors advise health and social care providers on all aspects of CQC inspections and registration, including:
- CQC registration, including failure to register and conditions on registration.
- CQC inspections.
- Ensuring policies and procedures are current, robust and workable.
- Supporting development of a practical understanding of health and social care regulations to ensure compliance.
- Addressing specific regulatory issues as they arise.
- Challenging inaccurate inspection reports and CQC decisions to refuse registration or impose conditions on registration, or as part of the enforcement process.
- Challenging and responding to warning notices.
- Preparing action plans to achieve compliance.
- Representing health and social care providers in enforcement proceedings, including interviews under caution.
- Providing training including the development of training programmes, for use in-house.
Our specialist health and social care team includes solicitors involved at a national level in shaping law and policy who are well placed to prepare clients for changes in regulation and practice.
We have been recognised for the work we do
Public Inquiries – their purpose, the practicalities and horizon scanning
On 15 July 2020, the Prime Minister committed to an Independent Inquiry into the handling of the coronavirus pandemic.
Liberty Protection Safeguards – new aim of April 2022
It was announced by the Government on 16 July 2020 that the implementation of Liberty Protection Safeguards (LPS) has been delayed until April 2022. No date has been set, with April 2022 being described as the “aim for full implementation”.
Prosecutions of local authorities by the Care Quality Commission
In December 2019, the Care Quality Commission brought its first prosecution against a local authority
Sentencing safety-related offences within the health and social care sector
The recent £1.5 million fine imposed on BUPA Care Homes, following the death of a resident from Legionaries disease, demonstrates the increased risk of substantial fines and emphasises the need for organisations within the sector to ensure compliance with their health and safety obligations.
Richard Handley Inquest
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
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