AUTUMN WEBINARS WELCOME TO “ THE FUTURE OF CQC INSPECTIONS ” THE WEBINAR WILL BEGIN AT 10AM #RidoutsWebinars2020
AUTUMN WEBINARS THE FUTURE OF CQC INSPECTIONS CAROLINE BARKER, LAURA PATON & GEMMA NICHOLAS 29 SEPTEMBER 2020 #RidoutsWebinars2020
AUTUMN WEBINARS CQC INSPECTIONS: NOW NEXT AND FUTURE GEMMA NICHOLAS - SOLICITOR #RidoutsWebinars2020
NOW, NEXT & FUTURE • What are CQC’s immediate priorities? • What does the CQC have in store for the next few months? • What will inspections look like in the future? #RidoutsWebinars2020
NOW Emergency Support Framework (ESF) Infection Prevention and Control Inspections Provider Collaboration Reviews NEXT Transitional Regulatory Approach Intelligence led inspections Inspection triggers FUTURE CQC’s Strategy 2021 Strategy themes Use of intelligence #RidoutsWebinars2020
NOW – EMERGENCY SUPPORT FRAMEWORK CQC paused routine inspections • The ESF is a flexible and supportive process • Gathering information in the following areas • Safe care and treatment • Staffing arrangements • Protection and abuse • Assurance processes, monitoring and risk management • Using enforcement powers where they find non-compliance • Intelligence includes user feedback, whistleblowing, serious incidents • and safeguarding concerns #RidoutsWebinars2020
NOW – INFECTION PREVENTION AND CONTROL INSPECTIONS • IPC inspections of 300 care homes • Findings: • 90% assurance • Greatest assurance in relation to safe admission and IPC for visitors • Least assurance in relation to IPC policy and effective use of PPE • CQC have taken regulatory action • Further 500 IPC inspections in Oct and Nov #RidoutsWebinars2020
NOW – PROVIDER COLLABORATION REVIEWS • Series of rapid reviews • Phase 1 - Care to over 65 and their journey across the health and social care system • Phase 2 - Urgent and Emergency Care • Increased focus on innovation and collaboration #RidoutsWebinars2020
NEXT – TRANSITIONAL REGULATORY APPROACH Begins 6 October 2020 • CQC are building on the Emergency Support Framework • Focusing on areas where quality needs to improve: • Safety • People’s access to services • Leadership • #RidoutsWebinars2020
NEXT – INTELLIGENCE LED INSPECTIONS Information sources: • Experts by Experience • People who use services – Give Feedback on Care campaign • Provider Collaboration Reviews • Routine ongoing monitoring #RidoutsWebinars2020
NEXT – INSPECTION TRIGGERS RISK Low risk = No further action High risk = Inspection Inspection: • existing inspection methodologies • any or all of the KLOEs • some or all of the five key questions #RidoutsWebinars2020
FUTURE – CQC’S STRATEGY 2021 • Consultation in January 2021 • Launch in May 2021 • Strategy themes: • Smarter Regulation • Meeting people’s needs • Systems • Safe care • Driving improvement #RidoutsWebinars2020
FUTURE – INCREASED USE OF TECHNOLOGY • Digital engagement with NCSC (the CQC’s contact centre) • Artificial Intelligence in CQC’s risk and intelligence services • Mobile apps for regulatory activities supporting inspection and enforcement • New digital platform for all Provider engagement #RidoutsWebinars2020
SUMMARY NOW End of the Emergency Support Framework (ESF) • NEXT Launch of the Transitional Regulatory Approach • Continuation of Infection Prevention and Control Inspections and • Provider Collaboration Reviews FUTURE Remote monitoring • Shorter inspection reports • Increased use of intelligence • #RidoutsWebinars2020
AUTUMN WEBINARS GETTING THE MOST OUT OF AN INSPECTION AND YOUR REPORT LAURA PATON – SENIOR ASSOCIATE SOLICITOR #RidoutsWebinars2020
HOW TO GET THE MOST OUT OF AN INSPECTION PREPARATION IS KEY! • Use CQC’s own guidance especially the ratings characteristics, KLOE prompts & new IPC guidance • Publicly available guidance and internal CQC docs via FOI • Recent new public CQC Guidance “ How to get the most out of inspection – What a good inspection looks and feels like ” #RidoutsWebinars2020
NEW CQC GUIDANCE: PROVIDER: • Reassure and empower care workers and other staff so they know what to expect and are encouraged to speak openly with the inspection team . • Get ready to use every opportunity to showcase best practice! #RidoutsWebinars2020
NEW CQC GUIDANCE : CQC: • Feedback should be given throughout the day and any immediate risks explained straight away. Questions should be asked in a clear way and • explained or rephrased if not understood . #RidoutsWebinars2020
PRACTICAL TIPS: DURING INSPECTION: • Take good notes- draft report can take time • Address immediate concerns • Note and provide any follow up info required, this can still be taken into account if supplied quickly enough #RidoutsWebinars2020
PRACTICAL TIPS: POST INSPECTION: Call from CQC re: draft report • You are not obliged to take this up • Follow up with FAC comments in writing- do not assume CQC will address the issues you have raised in final report #RidoutsWebinars2020
CHALLENGING DRAFT REPORTS Remember CQC is a creature of statute and a public body - Inspections are a matter of law Why challenge? • Factual inaccuracies and ratings • Reputation • Commissioner considerations • Narrative of your service with CQC • Re-inspection timeframes • CQC approach to repeated ratings of RI #RidoutsWebinars2020
ROUTES TO CHALLENGE: Factual Accuracy Comments • Independent Review • Ratings Review • JR /Injunctions • Complaint • #RidoutsWebinars2020
FACTUAL ACCURACY COMMENTS : 10 Working Days to respond – check email • CQC Guidance- online & internal top tips • Can challenge breaches and ratings judgments- • remember the published characteristics Must supply evidence. Can include • improvements post-inspection but they might not influence rating #RidoutsWebinars2020
CQC’S RESPONSE TO YOUR FAC : “ All factual accuracy responses will be reviewed by another member of the Commission’s staff from the relevant Inspection Directorate who is authorised to sign off the related inspection report. This staff member will be independent of the original site visit .” SSP Compliant?, Grounds for Rating Review? #RidoutsWebinars2020
FURTHER CHALLENGES : Request an independent review; • Request CQC withhold/ withdraw public report • until independent review is concluded; Rating Review; • Judicial Review perhaps with Injunction; • Complaint • #RidoutsWebinars2020
QUESTIONS : #RidoutsWebinars2020
AUTUMN WEBINARS • Safeguarding - 29 October 2020 • Inquests – 25 November 2020 • Providers’ choice (let us know what you want our lawyers to discuss) – 10 December 2020 Book and provide suggestions at: www.ridout-law.com #RidoutsWebinars2020
Contact us: www.ridout-law.com @Ridoutslaw /company/Ridouts Ridouts Professional Services Plc #RidoutsWebinars2020
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