1. Implications of Service Transformation
Please welcome our third speaker
Mei-Ling Huang, Partner
QualitySolicitors Burroughs Day
Implications of Service Transformation

2. RCPA Conference
15th November 2016
@QS_BurroughsDay

3. Social care specialists
Challenging CQC inspections and enforcement
Negotiations and disputes with local authorities
Recovery of care fees
Safeguarding
Mental capacity and Court of Protection
Employment law
Business sales and acquisitions
Commercial property, leases and tenancies

4. How we can help Services for Businesses: Services for Individuals:
Commercial Law
Residential Property
Commercial Property
Employment, HR & Discrimination Advice
Advice for Business Start-ups
Family & Relationships
Charity Law
Lasting Powers of Attorney
Debt Recovery
Litigation
Medical Negligence
Employment Law
Mental Capacity
Health & Social Care Law
Personal Injury
Legal Costs
Probate
Pharmacy Law
Wills and Tax Planning

5. CQC Inspections and enforcement
Mei-Ling Huang
Partner

6. Overview
Inspections
Ratings
Ratings reviews
Enforcement

7. SSP Health Limited
If you can prove that CQC have got it wrong in your draft report but they ignore you, what can you do about it?
“We didn’t see it, so it doesn’t exist.”
An independent review of the factual accuracy process is required if the provider requests it

8. New Factual Accuracy Logs
Section A – Typographical errors
Section B – Accuracy of the evidence in the report
Section C – Completeness of the evidence
You may make a separate complaint regarding the conduct of the inspection
Important: Include everything at this stage!

9. Factual Accuracy Log Steps
Draft report to provider;
Submit factual accuracy log with all your arguments;
Inspector responds to log;
Log internally reviewed by someone else in CQC;
CQC sends responses to the factual accuracy log and final report;
Report is published.

10. 2015/16 State of Care 596 services rated inadequate as of July 2016
Some were re-inspected
139 achieved a “good rating” (23%)
316 achieved “requires improvement” (53%)
This leaves 141 unaccounted for – perhaps closed.

11. State of Care 2015/16 Many services were caring.
Performance flows from management.
Most of the regulatory compliance action taken related to management, safety and staffing.

12. New Ratings (1)
Residential homes that have been rated under the new system as of September 2016:
0.8% outstanding
69% good
26% require improvement
3% inadequate
1% not rated

13. New Ratings (2) Nursing homes (as of September 2016): 0.6% outstanding
58% good
35% require improvement
5% inadequate
2% not rated

14. New Ratings (3) Home care agencies (as of September 2016):
1% outstanding
73% good
21% require improvement
2% inadequate
2% not rated

15. Is there too much variation in ratings?
“We will be clearer when services are good with outstanding features and where the rating of requires improvement does and does not entail a breach of regulations”.

16. Changing your rating
Factual accuracy logs are still the most effective way to obtain a change
Add in positive points omitted from draft report

17. Changing your rating (2)
Request for ratings review
Procedural argument
500 words!
Low chance of getting the rating changed

18. Ratings reviews July 2016 Reviews requested - 290 No grounds - 178
Paused due to external factors - 17
Under investigation by CQC team - 31
Under consideration by reviewer - 4

19. Ratings reviews July 2016 Outcomes of 236 completed cases:
Not reviewed due to “no grounds” - 193
Ratings increased - 14
Ratings decreased - 2
Ratings increased and decreased - 2
No change to ratings - 25

20. Enforcement Fewer warning notices Embargoes
Cancellation of managers’ registration

21. Help is at hand!!! Call us if… Your draft report is not accurate
You are on the cusp of a rating (e.g. 2 ‘requires improvement’ and 3 ‘goods’)
You have any ‘inadequate’ ratings
You receive a warning notice, notice of proposal or notice about special measures

22. QUESTIONS

23. Thank you for listening
For a free initial consultation please contact
Our Social Care Team