Regulation
Our experienced health and social care solicitors provide bespoke advice and representation to health and social care providers on all aspects of health and social care regulations and the Mental Capacity Act, Deprivation of Liberty Safeguards (DoLS), Human Rights Act and Care Act.
We work in partnership with health and social care providers including care homes, residential homes, nursing homes, supported living and domiciliary care providers, to ensure that they are in compliance with the relevant regulations and to support them when health and social care regulations have not been met or are being challenged.
Health and social care services are regulated by the Care Quality Commission (CQC) to ensure health and social care providers deliver a service that ensures individuals are provided with safe, effective and compassionate high standards of care that are responsive to people’s needs and are well led. Following assessment, CQC awards each care provider with a service rating from adequate to outstanding and highlights areas where improvements could be made.
Our specialist health and social care law team includes solicitors involved at a national level in shaping law and policy who are well placed to prepare clients for change in health and social care regulations and practice. We attend network forums to keep up-to-date with the latest changes in regulations and care standards and regularly provide relevant training and guidance notes on these.
We regularly work with health and social care providers to assist them with challenging inaccurate CQC ratings or when they have been challenged by CQC for not meeting care standards or regulations. We also have a deep understanding of the wider legislation affecting social care providers:
- Mental Capacity Act 2005 - covers individuals in England and Wales who are unable to make some or all important life decisions for themselves.
- DoLS - the procedure prescribed in law when it is necessary to deprive the liberty of an individual who lacks capacity to consent to their care and treatment in order to keep them safe from harm.
- Human Rights Act 1998 - regulation to ensure that an individual's basic human rights and freedoms are protected. Health and social care providers have an obligation to ensure individuals human rights are protected and respected.
- Care Act 2014 - affects the provision of care in England and outlines how individuals care and support needs should be met by health and social care providers.
Our health and social care regulations service
We provide bespoke advice and representation on all aspects of health and social regulations. We work together with our clients to:
- Ensure policies and procedures are current, robust and workable and that risks are managed.
- Support development of a practical understanding of health and social care regulations and ensure compliance through training and guidance notes.
- Address specific health and social care regulation issues as they arise.
- Challenge inaccurate inspection reports and CQC decisions to refuse registration or impose unnecessary compliance conditions.
- Challenge enforcement notices.
- Prepare action plans to achieve compliance.
- Represent health and social care providers in enforcement proceedings, such as safeguarding meetings.
- Provide training including the development of training programmes, for use in-house.
We have been recognised for the work we do
Care home contracts – CHC and additional fees
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
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”.
Lift safety obligations during the Covid-19 pandemic
The Health and Safety Executive’s latest guidance reminds organisations that they must endeavour to maintain the safety of the lifting equipment under their control throughout the pandemic.
Coronavirus Act 2020 and its impact on adult social care
The Coronavirus Act 2020 (Coronavirus Act) sets out the temporary emergency measures that enable public bodies such as local authorities, NHS and the police to respond to the coronavirus pandemic.
Covid-19, care homes and deprivation of liberty
Covid-19 establishes a solid foundation on which a derogation from Articles 5 and 8 is essential, says Hayden J in the case of BP v Surrey County Council and another [2020] EWCOP 17.
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.
Modern slavery – looking out for shackles in the supply chain
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
Responding to the CMA review: making a virtue out of necessity
The recent Competition and Markets Authority’s (CMA) final guidance on care home contracts clearly presents a challenge – it is almost certain that providers will need to revise their contracts.
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