Care homes briefing 185 – Increased prosecution by the CQC?
Reports of recent interviews with the CQC’s new Chief Executive, Ian Trenholm, report that he is expecting the regulator to pursue more enforcement action.
Apparently the CQC currently has 163 possible prosecutions under consideration in relation to adult social care providers and 31 prosecutions against NHS organisations.
The CQC has hired ex-military police and ex-civil police officers to assist with reviewing evidence for prosecutions and providers can therefore expect to see an increase in the number of prosecutions. Mr Trenholm has made it clear that he sees the aim of regulation as keeping people safe and one must presume that the increased used of enforcement powers is intended to assist in ensuring that.
Providers facing enforcement action, including prosecution, should seek urgent legal advice to maximise their ability to respond to this effectively.
This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.