Did you know: How to challenge CQC?
In the current climate, with the myriad of changes to the way services are inspected, the lack of clarity in systems and processes, and ongoing issues with the IT system, it can feel as though there is no winning against CQC. Providers are increasingly faced with;
- a lack of transparency support and communication from inspectors
- draft inspection reports that do not accurately reflect the service and
- unjustified threats of enforcement action
However, as providers, you have the power and ability to challenge CQC where you feel it has not acted fairly, or in line with its duties as a regulator. If the sector doesn’t point out where there is a problem, CQC cannot improve.
See below our quick reference guide to the different avenues available to providers when challenging CQC:
- Where CQC have made inaccurate judgements of your service; use the factual accuracy process and point out the mistakes in your draft report within 10 working days (guide)
- Where CQC have proposed enforcement action; use the Representations or Appeals process to challenge their proposal and keep your service open within 28 days (guide)
- Where CQC have behaved unprofessionally, made administrative mistakes, or failed to follow its own systems and processes; use their complaints process within 1 year (guide).
All of these processes are there to enable CQC to stop, investigate its practices and rectify any errors that might be harmful to you and your service. They provide protection for services against action that is not proportionate or justified. Many of these are not complex or difficult processes, and are designed to enable providers to raise issues; the more this is done, the more opportunity there is for CQC to examine its practice and make positive change!
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Jolena Bullivant-Clark is a solicitor specialising in social care and CQC matters. If you have any questions relating to the topics discussed in this article, please get in touch.