Ten legal issues that keep providers awake at night Alistair Hewitt - PowerPoint PPT Presentation

Ten legal issues that keep providers awake at night Alistair Hewitt

Agenda 1 CMA Guidance on Resident Contracts 2 Termination Provisions 3 Neglect Prosecutions 4 MCA/DOLs/LPS 5 Fire Authority – Increasing Prosecutions 6 Home care 7 CQC 8 CQC… 9 CQC again 10 CQC yet again (you get the gist!)

1 CMA Guidance on Resident Contracts • Concerns re: post death fees • Concerns re: unfair terms • Do you need to redraft your terms now?

2 Termination Provisions • Essential for any contract • Unable to meet resident’s needs or impact on ability to manage home • Check wording/consult/effective notice/court action?

3 Neglect Prosecutions • Ill treatment or wilful neglect • Individual carer offence • Corporate offence • Police interviews and prosecution

4 MCA/DOLs/LPS • Mental Capacity Act issues common in CQC Reports • Training and understanding • DOLs delays and cost • LPS proposed – but will Brexit allow enough parliamentary time? – although has just received Royal Assent – so is near

5 Fire Authority – Increasing Prosecutions • A prosecution authority in its own right • Increasing action • Easy to offend

6 Home Care • Contracts with authorities – who holds the balance of power • How good are your contracts of employment or engagement • CQC

7 CQC - Inspections and Enforcement • Now a part of the process, but what happens when things do not go according to plan?

7 CQC – Factual Accuracy • Check Accuracy • Use Part C widely • Ratings appeals and injunctions are difficult

7 CQC – Notices of Proposal • Impose condition or remove registration • 28 days to respond • Can appeal • Seek advice to maximise prospects of success

8 CQC – S.31 Notices • Nuclear option • Immediate affect • ? In tribunal in 2 weeks

9 CQC - Prosecutions • Increasing = 163 at November 2018 • Interviews under Caution or Letter of Intent • Advice on fine discounts essential

10 CQC – Notices of Intent • For prosecution or S.31 • Short time scales • There are some important factors to bear in mind

Thank you for listening - registering as a potential client costs nothing RadcliffesLeBrasseur specialise in advising care home operators Sign up for our free care sector briefings please email: Alistair.Hewitt@rlb-law.com Visit rlb-law.com 21935179