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

2. 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.

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

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

5. 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.

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

7. Ratings reviews
limited effect
challenge “by the back door”

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

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

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

11. 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?

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

13. 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

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

15. Questions?
Questions?