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Important changes to the Provider Information Return (PIR)

Posted by , Partner

PIP health care inspection

Along with the introduction of the new KLOEs this November, changes are afoot for the PIR.

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Getting ready for CQC changes

Posted by , Associate

Looking ahead

Following on from my article in June, CQC has now published its response to the second round of consultation on its proposals for reforming the adult social care regulation.

As a result of the consultation, changes to the inspection regime will be implemented over the coming months, starting from 1 November 2017.

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The right to decide: report on deprivations of liberty

Posted by , Associate

The Local Government and Social Care Ombudsman’s review, ‘The Right to Decide: Towards a greater understanding of mental capacity and deprivation of liberty’‘ makes difficult reading. It brings into sharp focus the struggles faced by the industry in meeting its obligations relating to the Mental Capacity Act and in particular in respect of Deprivations of Liberty.

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CQC takes a firmer approach to providers caring for people with a learning disability

Posted by , Senior Associate

CQC is taking a firmer approach to registration for providers who support people with learning disabilities and/or autism, aiming to make sure that people with these conditions live in a service which is small-scale and within a local community. 

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Care home providers watch out: consumer watchdog raises concerns

Posted by , Partner

unfair contracts

At the end of last year, the Competition and Markets Authority (CMA) began a formal market study into care homes for the elderly, to review how well the market works and if people are treated fairly. The study is focused on four key areas: choice of home, regulation of the sector, competition between providers and consumer protection issues.

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Government softens its position on sleep-in shifts

Posted by , Solicitor

In an eventful week for UK employment law, the Government’s press release on sleep-in shift pay in the social care sector comes hot on the heels of Tribunal fees being scrapped. This announcement marks a significant step to protect the viability and sustainability of the social care sector.

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CQC report on the state of adult social care – what do the findings show?

Posted by , Associate

Social care - CQC report

Since CQC rolled out its new inspection framework in 2014 it has inspected all 24,000 registered adult social care services. To mark the first complete round of inspections it has published a comprehensive report summarising the results and lessons learnt. We look at the findings, CQC’s areas of focus, and what care providers need to know.

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Phase 1 of the CQC consultation: changes providers need to know about

Posted by , Associate

Next phase

Following on from our article in March which looked at CQC’s next stage of regulation, Nicola Cutler considers the feedback that providers have given to the first round of consultation and offers some practical guidance about what has changed as a result.

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Challenging CQC reports: a guide to success

Posted by , Partner

Challenging CQC reports

Since the introduction of the Fundamental Standards and Ratings System in April 2015, it is clear that the Care Quality Commission (CQC) is taking a firmer approach to inspections and regulation. Unsurprisingly we have seen a corresponding increase in the number of enquiries received from providers who wish to challenge the contents of their report. Here are my top tips on how to succeed with a challenge.

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More sleepless nights for care providers? The implications of the Mencap case on sleep-in shifts

Posted by , Partner

The recent case of Royal Mencap Society v Mrs Tomlinson-Blake (‘the Mencap case’) confirmed that sleep-in shifts in a care setting were ‘working time’ and subject to the National Minimum Wage/Living Wage.

The ruling is consistent with earlier judgments and was not unexpected. However, it was not the outcome care providers hoped for and the implications will cause significant concern to those who have not treated sleep-in shifts as working time.

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Social care bulletin | April 2017

Posted by , Partner

Welcome to the April edition of the monthly bulletins from our Social Care team.

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Spotlight on care home performance

Posted by , Associate

The social care sector is rarely out of the headlines and this week more column inches have been dedicated to a new report on care home performance, carried out by the charity Independent Age. It analyses published CQC data on care homes rated under the relatively new Outstanding, Good, Requires Improvement or Inadequate inspection system.

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