CQC Compliance and Enforcement/Appeals

 

The Care Quality Commission (CQC) is an independent regulator of health and social care in England. It regulates hospitals, GP’s, dentists and care homes to name a few.  Providers are required to comply with the Health & Social Care (Regulated Activities) Regulations 2014.

 

In the event of a breach of the regulations, the CQC can take enforcement action and force improvement of the services provided or in serious cases suspend or terminate registration.  If you receive a warning notice from the CQC which you dispute, you have 10 days in which to make written representations to them.  

 

In the event that you are unhappy with a decision made by the CQC in relation to the service you provide or where you have received a warning notice from them, you should contact our specialist team immediately for advice.

 

Care Home Negligence Claims

 

The staff within the care home have a responsibility and duty of care for their residents.  Sometimes, the standard of care provided falls below an acceptable level and in these cases, the individual or their family can pursue a claim for compensation.

 

The causes of neglect within care homes could be due to multiple factors such as a lack of supervision, experience or training.  This can lead to wrongly dispensed medication, dehydration or pressure sores, accidents and falls.  There may also be circumstances whereby you suspect that the elderly are being mistreated.

 

If you are at all concerned about the care your loved one is receiving, please contact us for advice on whether a negligence claim can be bought on their behalf.

 

Care Home Contracts

 

If a person is self funding or pays a proportion of their fees, they are required to sign a contract.  It would be sensible to obtain advice as to its terms before signing.  The Care Standards Act 2000 sets out a standard form of contract for the provision of services and facilities and requires that terms and conditions include:

 

• Details of the room to be occupied

• information about overall care and services covered by the fee

• Fees payable and by whom

• Details of additional services

• Rights and obligations of the service user and registered provider and who is liable if there is a breach of contract

• Terms and conditions of occupancy including the period of notice etc

 

We are able to review a care home contract for you and provide advice as to your obligations and liabilities together with commenting on the fairness of the contract terms.