CQC's new regime: How to protect your business

26 November 2014

Health and Social Care Specialists

• Challenging CQC inspections and enforcement• Negotiations with local authorities and CQC• Recovery of fees• Safeguarding• Mental capacity and Court of Protection• Contracts• Employment law• Business sales and acquisitions• Commercial property, leases and tenancies

CQC's new regime: How to protect your business

Mei-Ling Huang, Partner

Overview

• Fit and Proper Person• Duty of Candour• Challenging inspection reports • Ratings and challenging ratings• Enforcement by CQC • New regulations – Health and Social Care Act 2008 (Regulated

Activities) Regulations 2014 (version dated 6 November 2014)

Fit and Proper Person (1)

• New regs only apply to NHS bodies BUT DOH will extend this to care from April

• Requirements− Good character− Competence, skills, qualifications− Health

• Reasons to bar• CQC’s powers

Fit and Proper Person (2)

• What do you need?− Role specifications− Service agreements− Review disciplinary procedures− Performance reviews− Recruitment checklists− Training

Duty of Candour (1)

• What must you do?− Inform SU/RP of notifiable safety incident− Provide truthful written account− Apology− Provide reasonable support− Keep them informed− Keep records

Duty of Candour (2)

• CQC’s powers• What do you need to do?

− Policy− Training for ALL staff− Organise records− Deal with insurance− Analyse and learn from incidents

Challenging Draft Inspection Reports

• 10 working days• Know your deadline• Make sure you receive the draft• Don’t complain about the inspector• Challenge on appropriate grounds• Provide evidence• Pick your fights

Ratings

• CQC’s website• Possible new legal requirement to display on the premises

Ratings

• Outstanding, good, requires improvement, inadequate• How are ratings determined?• Ratings limiters

Ratings reviews

• Grounds – procedural • Review by senior person• Ratings Review Panel• Chief Inspector• No appeal except to Ombudsman or judicial review

Enforcement action

• Purposes: − Protect from harm; − Hold to account

• No more escalation• “Appropriate” enforcement• Prosecution

Potential prosecutions

• Need for consent • Safe care and treatment• Safeguarding service users from abuse • Meeting nutritional needs• Cleanliness safety and suitability of premises and equipment• Duty of Candour• Failure to supply information

We can help…

• Duty of Candour Policy• Fit and Proper Person (FPP)

− FPP Recruitment Checklist and Board member Questionnaire − Directors’ Service Agreements − Partnership Agreements − Recruitment Training− Absolute Employment Protection Service− Appeals against CQC decisions to remove a Board member

• Challenging CQC inspection reports and enforcement action

Conclusion

• Get to grips with new regimes now• Deal with problems immediately• We can help!• Thank you

QUESTIONS

Thank you for listening!For a free initial consultation please contact:

Mei-Ling HuangPartner, Social Care Team

0117 930 8449mei-ling.huang@qsbdlaw.com

What we do