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Dental practice premises: why security of tenure matters

Posted by , Solicitor

Dental practice premises

Many dental practices occupy their premises under occupational leases. This can bring many benefits, such as a requirement for less capital outlay than freehold ownership, and the possibility to secure a space in a great location where there are no freehold opportunities available. Leases are also time-limited, but is that a help or a hindrance?

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CMA calls for urgent action in the care sector – are your care contracts compliant?

Posted by , Partner

Funding reform

The Competition & Markets Authority (CMA), the consumer watchdog, published the final report of its care home market study on 30 November 2017. Two of the key themes in the report are the urgent need for funding reform and concerns about care providers using unfair contract terms.

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Sleep-in pay crisis: should you join HMRC’s new Social Care Compliance Scheme?

Posted by , Partner

The Government’s latest response to the sleep-in pay crisis is the introduction of a new Social Care Compliance Scheme (SCCS).

Under the scheme, providers who have not paid sleep-in shifts in compliance with the National Minimum Wage can self assess their non-compliance and repay workers with protection against HMRC enforcement action.

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CQC steps up criminal prosecutions

Posted by , Associate

In April 2015 CQC assumed responsibility for prosecuting providers for all health and safety related incidents, taking over from the Health and Safety Executive and local authorities. Nicola Cutler and Mei-Ling Huang in our Health & Social Care team explore cases to date and explain what providers should consider when facing a criminal investigation.

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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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