Social care blog

Philippa Doyle

Partner & LEAD CONTACT

Harrogate
Healthcare Advisory
01423 724028

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Welcome to Hempsons’ social care blog where you will find a range of legal updates. Click on the links below to access our blog posts.

‘Fundamental Standards of Care: Enhance the lives of the people you support and impress CQC too?’
31 March 2021
March has seen a big focus on the Fundamental Standards of Care for our Social Care team and we wanted to share the information with you to help you navigate your way through the standards.

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Are you ready for your CQC IPC Inspection?
12 November 2020
Are you ready for your CQC IPC Inspection? Infection Prevention and Control (IPC) has always been an important part of delivering a Regulated Activity in any health and social care setting, but the advent of COVID-19 has brought IPC to the forefront of every provider’s mind.

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Can a parent be displaced from Court of Protection proceedings involving their child?
26 April 2021
In an unprecedented decision a Judge in the Court of Protection proceedings P (Discharge of Party), Re, has discharged the mother of the person who is the subject of these proceedings.

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Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19
30 March 2021
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.

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CQC – staff training for care staff
24 February 2021
As a Registered Manager of a regulated activity, you have a personal responsibility to ensure your service operates in accordance with the Fundamental Standards as set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

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CQC Key lines of enquiry
24 February 2021
Key Lines of enquiry, prompts and ratings characteristics for adult social care services

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CQC Notifications and how to challenge a fixed penalty notice
1 December 2020
All providers are used to making safeguarding referrals to their Local Authority, but do you always make a referral to the CQC too?

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Death notifications in care homes – be prepared
9 July 2021
CQC have confirmed 21st July 2021 as the date when they will release data showing notifications received from individual care homes relating to deaths of people with Covid-19 between 10 April 2020 and 31 March 2021.

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Hempsons welcomes new partner – Liz Hackett
10 May 2021
Liz Hackett has joined the healthcare advisory team in our Harrogate office this month.

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Newsflash: Supreme Court ruling in the Mencap v Tomlinson-Blake case
19 March 2021
The Supreme Court has this morning ruled in Mencap v Tomlinson-Blake that calculation of national minimum wage (NMW) for sleep-in care workers only needs to include time when they are awake for the purpose of working. Where the employer provides suitable facilities for sleeping, time spent sleeping is not included in the calculation.

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Podcast | CQC inspections – what’s the current focus?
29 October 2020
In our latest podcast, social care expert Philippa Doyle and Jill Baker discuss the CQC's current approach to inspections.

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The Fundamental Standards – Safeguarding
28 June 2021
In this edition in our series of Fundamental Standards articles, we explore the Health and Social Act 2008 (Regulated Activates) 2014 regulation 13 – 'Safeguarding service users from abuse and improper treatment'.

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The Fundamental Standards – Staffing
1 July 2021
In the latest in our series of articles on the CQC Fundamental Standards of Care, Philippa Doyle looks at Regulation 18 – Staffing.

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The Fundamental Standards are your bible – get a copy, read them and use them!
15 March 2021
Do you want to know how to improve the lives of the people you support and hopefully impress the CQC at the same time – then read the Fundamental Standards and tailor your service to meet those standards.

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The Fundamental Standards, Regulation 12: Safe Care & Treatment – Are you compliant?
11 May 2021
As part of our series of articles addressing the Fundamental Standards and how you need to ensure your service meets those standards, here we consider Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Safe Care & Treatment (“the Regulation”). It is important to note that the Fundamental Standards are a set of regulations. Each regulation is not entirely divisible from the other. For example, if you are not compliant with Regulation 18 (Staffing) and 19 (Fit and proper persons employed) it is unlikely you will be able to demonstrate compliance with Regulation 12(c).

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Visiting arrangements in Care Homes – New Guidance 2 December 2020
2 December 2020
New Guidance has been implemented from 2 December 2020 (Visiting care homes during Covid 19 DHSC).

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Who regulates the regulator – part two
15 January 2021
In January 2020, we saw troubling reports of flawed reporting processes, with the CQC retracting a not insignificant number of reports due to duplication, necessitating re-inspections to enable providers to have confidence in the CQC’s ratings and findings.

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