At HLTH Group, we understand that the Care Quality
Commission (CQC) is a vital part of ensuring the quality and safety of
healthcare services in the UK.
We are a team of former CQC inspectors, clinicians, and
healthcare professionals, collaborating with CQC-specialist solicitors to offer
essential support to healthcare providers facing enforcement actions from the
CQC. Here, we break down the CQC’s enforcement policy, providing a clear and
comprehensive explanation.
Understanding CQC’s Guidance: The CQC’s guidance, originally
published on 1 April 2015, serves as a valuable resource for healthcare
providers, offering insights into how to comply with two groups of regulations:
Health and Social Care Act 2008 (Regulated Activities)
Regulations 2014 (Part 3)
Care Quality Commission (Registration) Regulations 2009
(Part 4)
It’s important to note that while the CQC refers to itself
as ‘we,’ we, as an external entity, do not. We aim to provide a simplified and
unbiased interpretation of the CQC’s enforcement policy.
Guidance Application: The regulations outlined in this
guidance are applicable to all registered persons, including providers and
managers, registered with the Care Quality Commission (CQC) who are involved in
regulated activities. Regulated activities encompass various service types,
covering every provider registered and regulated by the Care Quality
Commission.
The guidance doesn’t delve into exhaustive details about how
each regulation applies to every type of service under CQC registration.
Instead, the CQC adopts a proportional approach to apply regulations according
to the specific characteristics of each service. Factors such as service sise,
type, and the relevance of a regulation to the provided activity influence the
enforcement approach. For instance, when inspecting providers of personal care
in a home setting, Regulation 15 (Premises and equipment) may not be relevant.
Similarly, for dentists, Regulation 14 (Meeting nutrition and hydration needs)
may not apply. The CQC holds a diverse set of powers to safeguard the public’s
interests and hold registered providers and managers accountable.
Enforcement Policy: In conjunction with the new regulations,
the CQC has introduced an enforcement policy that outlines their approach to
taking action in instances of substandard care or when registered providers and
managers fail to meet the required standards.
This policy is pivotal in:
Protecting individuals who use regulated services from harm
and ensuring they receive services of appropriate quality.
Holding registered providers and managers accountable for
service provision failures.
This policy is pivotal in:
Protecting individuals who use regulated services from harm
and ensuring they receive services of appropriate quality.
Holding registered providers and managers accountable for
service provision failures.
The enforcement policy provides a comprehensive framework
for addressing regulation breaches and also elucidates how the CQC may
collaborate with other organisations to ensure people are shielded from harm,
potentially through special measures regimes.
Section 29A Warning Notices: Section 29A of the Health and
Social Care Act 2008 empowers the CQC to issue warning notices when they
identify a need for significant improvement in the quality of healthcare at an
NHS trust or foundation trust. Warning notices serve as a pivotal tool to drive
improvement within these healthcare institutions.
Our Expertise: Navigating the complexities of CQC
regulations and enforcement policies can be challenging. Our team of specialist
CQC compliance experts possesses extensive experience in helping health and
social care providers successfully address enforcement actions and appeals. For
a comprehensive discussion on your specific situation, please get in touch.
0208 090 5346