Surveillance & Special Measures Care & Support West Spring Conference 30 April 2015

Health and Social Care Specialists Challenging CQC inspections and enforcement Negotiations with local authorities and CQC Recovery of fees Safeguarding Mental capacity and Court of Protection Contracts Employment law Business sales and acquisitions Commercial property, leases and tenancies

Camera Surveillance- the law! Data Protection Act 1998 ICO Guidance “CCTV Code of Practice” Are you registered with the ICO? Human Rights Act 1998 CQC Fundamental Standards −CQC Guidance −Fundamental Standards −MCA/consent −Record-keeping

(1) Impact Assessment Who is responsible under DPA? What is the purpose? What are the benefits? Can less-intrusive solutions do the same job? What are the views of those who would be under surveillance? How can you minimise intrusion?

(2) Written Policy Who is responsible for recordings, what to record, disclosure, storage, retention? Third party contracts? Keep its use under annual review

(3) Where do the cameras go? Minimise viewing which is irrelevant Record at particular times only? Think carefully about private areas

(4) Do you need consent? In principle, yes Signs Data Protection Policy Application of MCA Covert monitoring −Exceptional circumstances only −Would it prejudice investigation to inform/consent? −Private areas only if intention to involve police −How long?

(5) Subject Access Requests Right to view images 40 Calendar Days from request £10 fee Obscure third parties?

Special Measures Trigger point − 2 “mum test” questions inadequate OR −1 inadequate and still inadequate after 6 month inspection Onus on Provider LA Embargos? Cancellation: no notice of proposal! Key: early action to challenge reports and ratings

The Care Act 2014 and Top Ups Top Ups can still be charged New duties on the LA Who do you contract with? How are fees reviewed? Are you ready to justify your costs? Are your contracts watertight?

We can help… Surveillance Policy Challenging CQC inspection reports and enforcement action FREE review of service user & employment contracts FREE CQC Compliance Consultation Duty of Candour Policy Fit and Proper Person Checklist Absolute Employment Protection Service

QUESTIONS

Thank you for listening! For a free initial consultation please contact: Hazel Phillips Partner, Social Care Team

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