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) when conducting inspections and reviews of registered care providers.
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 inspection and review powers, and statutory requirements, 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 (Reviews and Performance Assessments) Regulations 2018, SI 2018/54, and
Care Quality Commission (Registration) Regulations, SI 2009/3112
The CQC is required to conduct periodic reviews, assess performance and publish reports of such assessments (known as ratings) in respect of any prescribed regulated activities. The regulations specify, for example, that personal or nursing care by certain providers and most regulated activities of NHS (National Health Service) trusts fall under this duty.
The CQC has responsibility for determining the quality indicators, against which services and providers are assessed. This may include measures of
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