At Royds Withy King we are still able to serve all your legal needs during the Coronavirus pandemic. Find out more.

Search our news, events & opinions

29 October 2018 0 Comments
Posted in Health & Social Care, Opinion

CQC’s response to the CMA guidance on service user contracts

Author headshot image Posted by , Partner

The Competitions and Markets Authority (CMA) published a report on the care home market in November 2017. Its report highlighted concerns about service user contracts breaching consumer law and recommended wholesale changes to admissions processes, complaints handling and service user contracts.

The CMA issued their detailed draft guidance in May 2018 which was designed to help care providers comply with their consumer law obligations. The final guidance is due imminently.

CQC’s verdict

In a recent trade association presentation, CQC indicated that it was starting to develop its response to the CMA’s recommendations.

In particular, the head of adult social care policy for CQC made it clear that compliance with consumer legislation is relevant to CQC’s assessment of providers as to both “quality” and whether a service is “well-led”. He states that the assessment of “well-led” could be influenced by a failure to meet “all relevant legal requirements” and whether “all relevant legal requirements have been understood and met”.

He commented that CQC will be reflecting on the application of consumer law to care settings in the next revision of their assessment framework.

So what does this mean for care providers?

We would encourage all providers to review their service user contracts, admissions and complaints documents to ensure that they are compliant with the CMA Guidance. Whilst CQC may not scrutinise these documents word for word, they are clearly interested in ensuring that providers observe consumer rights and this will feed into the inspection process.


If you would like advice and assistance on ensuring your admissions and complaints processes and service user contracts are compliant with consumer legislation, please get in touch. We have developed model documentation which complies with the CMA guidance whilst protecting your business.

 

Please contact Hazel Phillips who would be happy to discuss how we can assist you:

01225 730 166     Email ushazel.phillips@roydswithyking.com

Leave a comment

Thank you for choosing to leave a comment. Please keep in mind that comments are moderated and please do not use a spammy keyword or a domain as your name or it will be deleted.

*required*

**required*

*optional*

Health & Social Care

Part of your trusted team, on hand to provide expert advice

Learn more

Partner

T: 01225 730 166 (DDI)
Email

Search our news, events & opinions