Quality in Care -A Legal Perspective Caroline Barker Ridouts LLP

The Role of CQC March 2012 Public Accounts Committee report on CQC. Criticisms include: –failure to measure its own success and the impact it work has on driving up quality. –Confusion over role NB: CQC Response to consultation proposals: Judgement framework and Enforcement Policy March 2012 CQC website clear what its role is

What does the law require? Health and Social Care Act 2008 Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 Care Quality Commission (Registration) Regulations 2009 Essential Standards

Drives to improve quality Reputation and reputational damage likely to be a big drive –Review of Compliance reports –Provider profiles –Good Care Guide and other “TripAdvisor” style websites –Fear of CQC press releases

Compliance Reviews and Reports Increase in number of inspections Focus on a minimum of 5 Outcomes relating to the 16 key Outcomes Quality Risk Profiles to continue Provider Compliance Assessments will no longer be requested

Compliance Reviews and Reports Providers will be “Compliant” or “Non- Complaint” No longer be “Compliant but with minor concerns” “Improvement actions” scrapped Improvements for minor concerns can be suggested but no action plan will be requested Should be fair and accurate, however…..

Provider profiles Described by CQC as a “clear system of ticks and crosses” Does not differentiate between Minor, Moderate or Major concern

The Good Care Guide Launched in February 2012 An adult care and childcare sector “TripAdvisor” Potential threat to reputation and business Run by a private company operating care services

The Good Care Guide Providers can subscribe to GCG for £60 per service per year Alerts providers to a post being made – already in public domain By subscribing, also signing up to GCG Terms and Conditions which exclude: “all and any losses, liabilities, claims, damages, expenses or costs (whether arising as a consequence of negligence or otherwise) arising in connection with…the inaccuracy, incompleteness or tardiness of any information supplied through the service”

The Good Care Guide “Good Care Guide has built in robust processes to ensure that only users of care comment and providers can challenge false statements” – United for All Ages Links are provided to CQC website and latest inspection report – however, how many people will investigate further if service is classed as “Bad” on GCG? Providers should do own monitoring

CQC Press releases Often out of date Is this an incentive or does it have the opposite effect?

Quality – a legal perspective Law provides a minimum acceptable standard But there are external factors that will drive up quality over and above this Heading to an increase in service user involvement –FindMeGoodCare.co.uk –HealthWatch (England and Local)

Caroline Barker Partner Ridouts LLP