Care home briefing 146 – CQC special measures
Where CQC judge a service to be inadequate, it may be placed in Special Measures. The purpose is to provide a framework for the use of their enforcement powers and a clear time frame within which providers must improve.
If a service is rated inadequate overall, it will be placed in Special Measures immediately. If it is rated inadequate for one of the five key questions or core services, it will usually be given time (commonly six months) to improve and CQC will then re-inspect. At that point, if it remains inadequate in any respect, it will be placed in Special Measures.
Where a service is placed in Special Measures, CQC will notify the provider and any relevant oversight body before publishing their report of the inspection that led to this decision. The provider is required to notify its service users.
In cases where a service is placed in Special Measures, CQC will also usually make use of their enforcement powers, for example to issue a warning notice and/or to impose conditions on registration.
If a service can then demonstrate improvements so that it is no longer rated as inadequate, it will be taken out of Special Measures. It does not have to have improved so much as to be rated as “good”, but it must no longer be “inadequate.”
These arrangements apply with effect from 1st April 2015.
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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.