CQC guidance and what it means for care providers during the Coronavirus pandemic
Shannett Thompson
Many providers will need additional staffing resources to assist with managing the implications of the virus outbreak. To assist with quicker recruitment, the Disclosure and Barring Service (DBS) has made temporary changes to DBS applications and processes, which will remain in place while the Coronavirus Act 2020 remains in force.
Providers will be able to access a fast, free, Barred List DBS check for emergency roles being recruited while enhanced DBS checks are being processed. The results of an enhanced check will be issued afterwards.
You can access the Barred List if:
The CQC stresses the need for providers to still exercise due diligence in other recruitment checks (such as reference checks or similar). In short, whilst providers will be able to take advantage of this service, this does not negate the need for appropriate risk assessment and evidence-based decision making taking into account the service needs during the emergency.
We would advise you to keep careful records of your decision making and recruitment practices during this time.
It is also worth noting that the CQC has pledged not to take a punitive approach where providers recruit new staff in line with the DBS Guidance.
The CQC has shared the Department of Health & Social Care’s update on PPE. A Parallel Supply Chain is being implemented to support the normal supply chain of PPE and non-PPE products to providers.
Providers in need of urgent PPE should contact the National Supply Disruption Response which has also been mobilised due to the crisis.
The CQC has recognised that some providers may wish to deliver additional health and social care services which contribute to the control of the outbreak or treatment of people who have contracted the illness.
The CQC has set out guidance on its website on how to go about registering for the first time, or how to change your registration to change your service offering.
This of course will be an unusually challenging time for existing and new providers.
All providers must ensure they continue to meet their obligations under the CQC framework which are particularly important during such a health crisis.
Please get in touch with our regulatory team if you require tailored advice.
Sophie Bolzonello is an Associate, Australian Qualified, in Kingsley Napley’s Regulatory department. Sophie specialises in advising regulated professionals on compliance, in investigations and in respect of enforcement action. She also advises regulators on policy, governance, prosecutions and litigation.
Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty. Conducted badly they can be an expensive mistake with far reaching consequences.
In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.
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Wray v General Osteopathic Council [2020] EWHC 3409 (QB)
Mr Wray (‘Mr W’), an osteopath, appeared before a Panel of the Professional Conduct Committee (‘PCC’) of the General Osteopathic Council (‘GOsC’) after self-reporting a series of events he had been involved in.
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All providers registered with the Care Quality Commission (“CQC) must assure themselves that all directors who are responsible for delivering care to service users are fit and proper – in other words, they must be able to diligently carry out their responsibility to ensure the quality and safety of care. This forms part of the providers’ duty to ensure the service is well-led, which is one of the focus points during an inspection. Not only does the CQC monitor compliance at the point of registration, but it is an on-going duty and can lead to enforcement action where it is not met.
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We recognise that these unique times are presenting unprecedented challenges for our clients and we are here to support you in any way we can.
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Read the blogWe welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Shannett Thompson
Julie Norris
Shannett Thompson
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