Established in April 2009, CQC has now entered its second decade, lasting longer than its predecessors and seemingly here to stay for the long-term. Regulating tens of thousands of health and social care services across England, CQC is a risk-based regulator that is required to protect and promote the welfare of service users and assure the public as to the standard of registered services.
At Gordons Partnership, we have a specialist Health and Social Care Provider Team led by Neil Grant who has over 25 years’ experience working in the sector. As CQC lawyers, our clients include care homes, home care agencies, supported living services, GPs, dentists, independent hospitals and private clinics.
Our expertise enables us to advise clients on the following areas:
- The CQC registration journey. A provider cannot operate lawfully without CQC registration. We assist clients in obtaining CQC registration, whether they are new to the sector or wish to add additional services to their portfolio.
- CQC Inspection. Registered services are subject to the full rigour of CQC inspection at periodic intervals. We support clients through the inspection process, including responding to CQC inspection reports. On a regular basis, we secure changes to inspection reports, including improved CQC ratings.
- CQC Compliance. We work with our clients in addressing compliance issues, often alongside specialist care consultants with whom we have a longstanding relationship. Equally, where the facts and evidence do not support an alleged breach of regulation, we support our clients in challenging CQC in a polite but firm manner.
- CQC Enforcement. CQC has a wide range of enforcement powers ranging from prosecution to cancellation of registration. We defend providers subject to CQC regulatory action, always seeking to resolve matters as quickly as possible.
Neil Grant writes:
An in-depth understanding of CQC’s jurisdiction and methodologies is essential in order to advise providers effectively. At the same time, it is critical to put in place a strategy and plan at the outset, linked to the evidence and an informed assessment of risk. Each case is unique and has to be judged on its own merits. Our approach is based on cooperation, respect and collaboration but we are always assertive in defending our clients’ interests.
Please feel to contact Neil Grant for a free, no-obligation discussion. Our paramount concern is to assist health and social care providers requiring regulatory and commercial advice.
CQC currently adopts a risk-based approach to assessments. Inspections may be prompted as a result of CQC’s internal evidence gathering processes or in response to whistleblowing or safeguarding concerns. CQC may also decide to inspect a service if it has received information to indicate that the current rating should be revised.
Under Regulation 2 of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the Regulations”), Personal Care is defined as:
‘(a) physical assistance given to a person in connection with—
- eating or drinking (including the maintenance of established parenteral nutrition),
- (ii) toileting (including in relation to the process of menstruation),
- (iii) washing or bathing,
- (iv) dressing,
- (v) oral care, or
- (vi) the care of skin, hair and nails (with the exception of nail care provided by a person registered with the Health and Care Professions Council as a chiropodist or podiatrist pursuant to article 5 of the 2001 Order), or
(b) the prompting, together with supervision, of a person, in relation to the performance of any of the activities listed in paragraph (a), where that person is unable to make a decision for themselves in relation to performing such an activity without such prompting and supervision.’
Personal Care must be provided in the place where those people who need it are living at the time when the care is provided for it to fall under the remit of the Regulations.
Exceptions to the definition of Personal Care apply, as set out in Schedule 2 of the Regulations.
Under Schedule 1 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, the following activities are deemed to be regulated (subject to exceptions and exemptions) by CQC:
- Personal Care
- Accommodation for persons who require nursing or personal care
- Accommodation for persons who require treatment for substance misuse
- Treatment of disease, disorder or injury
- Assessment or medical treatment for people detained under the Mental Health Act 1983
- Surgical procedures
- Diagnostic and screening procedures
- Management of supply of blood and blood-derived products
- Transport services, triage and medical advice provided remotely
- Maternity and midwifery services
- Termination of pregnancies
- Services in slimming clinics
- Nursing care
- Family planning services
It is a offence under section 10 of the Health and Social Care Act 2008 to carry on regulated activities without the appropriate CQC registration.
‘CQC defines practising privileges as “a well-established system of checks and agreements to enable doctors to practice in hospitals without being directly employed by them”. This offers practitioners flexibility in private practice, such as renting consulting rooms, and affords them protection under the provider’s registration. As a consequence, they fall under a specific exemption within the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.’
You can view our article about this here.
© Gordons Partnership is the trading name of Gordons Partnership 2020 Limited a company registered in England & Wales (Company Number 12464371).
Registered office is at First Floor, 1 Chancery Lane, London WC2A 1LF. VAT No: GB 629 857 388 - Site by WBJ Designs
© Gordons Partnership is the trading name of Gordons Partnership 2020 Limited a company registered in England & Wales (Company Number 12464371).
Registered office is at First Floor, 1 Chancery Lane, London WC2A 1LF. VAT No: GB 629 857 388 - Site by WBJ Designs