The following Local Government guidance note Produced in partnership with Tim Spencer-Lane and Neil Grant of Gordon's Solicitors provides comprehensive and up to date legal information covering:
This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) on sanctions and enforcement.
The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, responsible for regulating health and social care services in England, as well as protecting the interests of people whose rights are restricted under the Mental Health Act 1983 (MeHA 1983). See Practice Note: Care Quality Commission (CQC).
The CQC’s enforcement powers are set out in the following:
Health and Social Care Act 2008 (HSCA 2008)
Health and Social Care Act 2008 (Regulated Activities) Regulations, SI 2014/2936
Care Quality Commission (Registration) Regulations SI 2009/3112, and
Regulation of Investigatory Powers Act 2000 (RIPA 2000)
The CQC states that it has 'two primary purposes' when using its enforcement powers:
to protect people who use regulated services from harm and the risk of harm, and to ensure they receive health and social care services of an appropriate standard, and
to hold providers and individuals to account for failures in how the service is provided
The CQC sets out the following principles that guides its use of enforcement powers:
being on the side of people who use regulated services
integrating enforcement into its regulatory model
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