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PRACTICE NOTES
FORTHCOMING CHANGE: The CQC’s current assessment framework remains in operation, but the CQC is currently reforming its approach to assessment and ratings. Following initial public consultation, which closed on 11 December 2025, the CQC intends to replace its current single assessment framework for providers with separate sector-specific frameworks, while retaining the five key questions (safe, effective, caring, responsive and well-led) and the four rating levels of outstanding, good, requires improvement and inadequate. Under the developing methodology, the CQC will re-introduce rating characteristics, replace quality statements with supporting key lines of enquiry, remove scoring and award ratings directly at key-question level using structured professional judgement, informed by the available evidence, rating characteristics and supporting guidance. The CQC published four draft frameworks, covering adult social care, mental health care, primary care and community services, and hospitals, in March 2026, and the consultation on those frameworks closed on 12 June 2026. The CQC is continuing to
PRACTICE NOTES
This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) on sanctions and enforcement. What is the CQC? 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 relevant legal framework for enforcement The CQC’s enforcement powers are set out in the following: • the Health and Social Care Act 2008 (HSCA 2008) • the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936 • the Care Quality Commission (Registration) Regulations 2009, SI 2009/3112, and • the Legislative and Regulatory Reform Act 2006 (LRRA 2006) and the Regulator’s Code In relation to registered services, enforcement action is taken against registered persons, namely the registered provider or the registered manager,
PRACTICE NOTES
FORTHCOMING CHANGE: The CQC’s current assessment framework remains in operation, but the CQC is currently reforming its approach to assessment and ratings. Following initial public consultation, which closed on 11 December 2025, the CQC intends to replace its current single assessment framework for providers with separate sector-specific frameworks, while retaining the five key questions (safe, effective, caring, responsive and well-led) and the four rating levels of outstanding, good, requires improvement and inadequate. Under the developing methodology, the CQC will re-introduce rating characteristics, replace quality statements with supporting key lines of enquiry, remove scoring and award ratings directly at key-question level using structured professional judgement, informed by the available evidence, rating characteristics and supporting guidance. The CQC published four draft frameworks, covering adult social care, mental health care, primary care and community services, and hospitals, in March 2026, and the consultation on those frameworks closed on 12 June 2026. The CQC is continuing
GLOSSARY
A stage in the process of decommissioning a nuclear site. It begins when the only significant buildings left on a site are the reactor buildings and an ILW store – these will be removed at the dismantling stage.
PRACTICE NOTES
Care and support needs or community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to assess individuals once they become aware or a request is made that person may have need for care and support, which should be met by the LA. The assessment is subject to section 9 of the Care Act 2014 (CA 2014), which says: ‘…Where it appears to a local authority that an adult may have needs for care and support, the authority must assess: (a) whether the adult does have needs for care and support, and (b) if the adult does, what those needs are’ Once the LA has identified an individual meets their eligibility criteria (see below), the LA has a duty to arrange or provide for services to meet these assessed care and support needs. Following the introduction of CA 2014 from April 2015, all LAs are required to follow the Care and Support
PRACTICE NOTES
This Practice Note considers the funding of residential and non-residential adult social care in England under the Care Act 2014. It explains the principal charging framework for local authority-funded care, the treatment of capital and income, the position of the family home, deferred payment agreements and the interaction with NHS funding. The Care Act 2014 and the Care and Support (Charging and Assessment of Resources) Regulations 2014 established the current statutory framework for charging for adult social care and replaced the former arrangements under the National Assistance Act 1948 and the Charging for Residential Accommodation Guide (CRAG). Although successive governments have proposed reforms to adult social care funding, including the introduction of a lifetime cap on personal care costs, those proposals have not been implemented. Accordingly, the current means-tested charging regime under the Care Act 2014 remains in force. The financial limits, Personal Expenses Allowance, Minimum Income Guarantee and related charging figures are revised periodically. Practitioners should therefore refer to the latest Department of Health and Social Care Local Authority Circular and the current Care and
NEWS
A former care home assistant at Chataway Nursing Home in Manchester has been ordered to repay £11,873 of the £45,000 he stole from vulnerable victims in order to fund his drug and gambling habits. Anthony Cunningham’s role at the care home was to manage residents’ finances. Cunningham used residents’ bank cards to withdraw money. On 8 November 2019, Cunningham, was sentenced to two years and four months in prison. On 19 June, Cunningham was ordered to pay £11,873 within three months or face an additional eight months on his sentence.
NEWS
Law360: A London appeals judge refused to let a care home company reduce the amount of money it must pay out to workers fired for protected disclosures about their pay, saying that the lower tribunal had been right that it was not 'just and equitable' to do so.
NEWS
The Care Quality Commission (CQC) has announced that Buckland Care Ltd, a care home in Hampshire, was fined £80,000 after a resident died following a choking incident while eating. The resident required assistance with cutting up food and was to be monitored during meal times, however, the handover notes on the day of the incident did not mention the need to monitor the resident and did not specify that the food should be cut into small pieces. The CQC noted that the resident was left alone during the meal and that care documentation did not give adequate guidance as to the resident’s needs and known choking risk. In addition to the fine, the nursing home was ordered to pay £16,305 in prosecution costs and £170 victim surcharge.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 20 March 2014; it is no longer maintained. See further, timeline. Case facts Outline OFT Chapter I investigation into a cartel in the care home medicine sector. The OFT issued its final decision on 20/03/2014. Latest developments The OFT issued its final decision on 20 March 2014. Hamsard and its subsidiaries have been fined £370,226 (reduced as a result of settlement and
NEWS
Construction analysis: The Technology and Construction Court (TCC) has handed down a significant judgment giving further guidance for fire safety claims and the appropriate measure of loss for damages. The decision, concerning fire safety and other defects in the design and construction of a care home in London, clarifies liability for remedial costs and underlines the TCC's willingness to award substantial damages where defects cause operational and financial disruption. This case will be of interest to construction law practitioners and professionals, as the industry continues to navigate the post-Grenfell landscape and associated fire safety claims. This case will also be of interest to anyone whose businesses have been disrupted and impacted by defects from construction works and confirms that those responsible for shoddy workmanship and design will ultimately be held to account. This article is written by Barry Hembling, partner, (bhembling@wfw.com) who led the legal team representing the successful claimants, and William Stewart, trainee solicitor, of Watson, Farley & Williams LLP.
PRACTICE NOTES
This Practice Note explains a local authority’s options and responsibilities for the placement of eligible persons into care homes and explains the options for the payment of care. A local authority has a duty to place an assessed adult, with eligible needs for care and support, in their preferred accommodation if certain criteria are met. If the local authority does this, the adult, depending on an assessment of their income and capital, may be required to make payments towards the cost of their place. If an elderly or vulnerable person requires a high level of support from a local authority, a residential care home could be appropriate. Definition of a care home Subject to section 3(4) of the Care Standards Act 2000, a care home in England is an establishment that provides accommodation, together with personal or nursing care, for people who: • are or have been ill • have or have had a mental disorder • are disabled or infirm, or • are or