Bevan Brittan successfully defends provider from prosecution

Bevan Brittan LLP recently acted for a private care home provider in relation to enforcement action taken by the Care Quality Commission ("CQC").

The CQC invited the director or the care home to attend an interview under caution in respect of a number of alleged breaches of regulations. Those included:

• Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, namely a failure to provide safe care and treatment to residents. 
• Regulation 13 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, namely a failure to safeguard residents against abuse and improper treatment. 
• Regulation 18 of the Care Quality Commission (Registration) Regulations 2009, namely a failure to report incidents impacting on the health, safety and welfare of people who use services.

We assisted in the preparation of written submissions as an alternative to attending an interview under caution. This included a thorough review of the CQC's allegations with the client, supporting the client in the preparation of submissions and a review of the home's existing documentation to challenge the CQC's findings.

Following receipt of the submissions, the CQC confirmed that no further action would be taken against the private care home providers.

Practical tips

• Take thorough notes during any CQC inspection of all comments made by inspectors, all documentation reviewed and any informal feedback provided.
• Ensure that Service Provider audits are regularly completed and accurately recorded. Any identified actions should be completed and checked in a reasonable timeframe.
• Seek early legal advice on the merits of challenging any draft CQC report, Warning Notice, imposition of conditions on your licence or any other enforcement action (such as a request to attend an interview under caution).

Bevan Brittan Regulatory Support

We are regularly instructed to challenge Inspection Reports, Warning Notices, and Notices of Proposal to refuse applications, remove locations or impose conditions.

In addition we can provide training on governance and risk management, preparation for CQC inspections, advice on care practices (including capacity, consent and DoLS) and representation at safeguarding reviews, inquests and criminal investigations. 

Authors: Stuart Marchant, Sam Minchin, Carlton Sadler