Legal hot topics for care providers James Sage Partner Health & Social Care Team

Our services for care providers employment law CQC registration challenging CQC inspections and enforcement service user contracts local authority fee negotiations safeguarding mental capacity and Court of Protection business sales and acquisitions property development, construction and finance.

CQC Regulation & Inspections: Overview what are we seeing in practice? preparing for inspections challenging inspections ratings reviews what’s ahead?

What are we seeing in practice? Regulation 17 document what you are doing! fresh eyes Regulation 18 delays Section 30/31 notices voluntary embargos.

Preparing for inspections inspection protocol preparing evidence- sell yourself! update action plan feedback staff training mock inspections Skills for Care Good and Outstanding Care Guide.

Challenging inspections section C if it’s wrong, say so! inspector’s notes get the dates right the devil is in the detail!

Ratings reviews limited effect challenge “by the back door”

What’s ahead? consultation on hold good or GOOD! warning to coasters “guiding mind” KLOEs LD registration.

How we can help advice on registration representations against notices of proposal challenging inspection reports challenging enforcement action.

NMW: the sleep-in pay nightmare NMW and sleep-in shifts The Mencap case How to be compliant Your potential liability? Minimising liability

The Mencap case Facts 9 hour sleep-in shifts. Paid £29.05 no specific tasks allocated obliged to remain at the premises and regulatory requirement expected to intervene when necessary Decision working by being present entire shift was ‘working time’ Implications?

Your options? Increase sleep-in rate Offset? LA fee negotiations ‘Unmeasured time’ argument?

What is your potential liability? Historic and future liability Employment Tribunal claims – group claims? – 2 year cap HMRC inspections and enforcement Back-pay for last 6 years Potential grounds to challenge HMRC Penalty of 200% up to £20k per employee Criminal prosecution

How we can help audit of pay arrangements advice on compliance and reducing liability challenging HMRC enforcement free review of employment contracts

Questions? Questions?