Posted by James Sage, Partner
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.
Posted by Pip Galland, 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.
Posted by Nicola Cutler, Associate
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.
Posted by Nicola Cutler, Associate
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.
Posted by James Sage, Partner
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.
Posted by James Sage, 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.
Posted by James Sage, Partner
Posted by Nicola Cutler, 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.
Posted by James Sage, Partner
It is well known that the social care sector is in the midst of a funding crisis due to punishing budget cuts and stagnant fee rates. CQC has publicly stated that the sector is “at tipping point”.
Posted by James Sage, Partner
The CMA (formerly the Office of Fair Trading) recently announced its intention to carry out a 12 month market study into care homes across the UK.
Posted by James Sage, Partner
After six years of punishing budget cuts and stagnant or below inflation increases in local authority fee rates, the care sector is, as CQC states, “at tipping point”. If you are a provider who relies on local authority contracts, you could feel that you are at the sharp end of the funding crisis.
Posted by James Sage, Partner
We are increasingly seeing domiciliary care and supported living providers engage workers on a ‘self-employed’ basis or via service or umbrella companies. What are the risks involved?
