How care providers should approach enforcement

The new chief executive of the Care Quality Commission (CQC) indicated last autumn that cases of enforcement action are likely to increase; this followed the earlier announcement that cases of enforcement action had already increased by 75 per cent. So what steps should providers be taking? 

Enforcement action usually flows from an inspection. As providers will be aware, they are always given the opportunity to respond to a draft inspection report by making a factual accuracy submission. It is important to take the opportunity that this provides both to correct any factual errors and to raise appropriate challenges to other parts of a draft report. This may include providing additional evidence, providing wider context or even challenging the methodology adopted by the inspector. 

We are all only human and mistakes are made and misunderstandings can arise. This is the provider’s opportunity to respond. However, smaller providers may not have the necessary resources to review such inspection reports as fully as they might wish and should therefore seek advice from either a care home consultant or a specialist solicitor.