Social care blog

A new CQC fundamental standard: Visiting and accompanying in care homes, hospitals and hospices

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 introduce us to a new Fundamental Standard of Care with effect from 6 April 2024 – Regulation 9A is entitled “Visiting and accompanying in care homes, hospitals and hospices”

Addressing COVID-19 challenges in social care: legal insights and best practices

This article explores recent cases related to COVID-19 and their implications on disability discrimination, mask and personal protective equipment (PPE) requirements, and whistleblowing.

An introduction to s.21A Mental Capacity Act 2005 challenges

Rachael Hawkin discusses Court of Protection proceedings s.21A Mental Capacity Act 2005 challenges

Are you ready for employment claims?

Anyone who has been involved in litigation understands that it can be stressful, time-consuming and expensive, even if you have a good case. Julia Gray discusses three ways to put yourself in the best possible position to defend an employment tribunal claim.

Are you ready for your CQC IPC Inspection?

Are you ready for your CQC IPC Inspection? Infection Prevention and Control (IPC) has always been an important part of delivering a Regulated Activity in any health and social care setting, but the advent of COVID-19 has brought IPC to the forefront of every provider’s mind.

Can a parent be displaced from Court of Protection proceedings involving their child?

In an unprecedented decision a Judge in the Court of Protection proceedings P (Discharge of Party), Re, has discharged the mother of the person who is the subject of these proceedings.

Covid-19 Inquiry: Module 6 (Care Sector) opens

Module 6 opened on 12 December 2023 and will investigate the impact of the pandemic on the publicly and privately funded adult social care sector in England, Scotland, Wales and Northern Ireland.

Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19

In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.

CQC – staff training for care staff

As a Registered Manager of a regulated activity, you have a personal responsibility to ensure your service operates in accordance with the Fundamental Standards as set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

CQC Key lines of enquiry

Key Lines of enquiry, prompts and ratings characteristics for adult social care services

CQC Notifications and how to challenge a fixed penalty notice

All providers are used to making safeguarding referrals to their Local Authority, but do you always make a referral to the CQC too?

CQC single assessment framework – we’ve finally got a start date!

CQC announced after hours on Thursday 19 October, a start date for the Single Assessment Framework. We’ve known for a few weeks that providers in the south would be the first to experience the new approach, and CQC have now confirmed that will be with effect from 21 November 2023.

CQC’s changing regulatory framework: key dates for your diary

CQC announced on Monday how and when providers can expect to access their new portal, and when the new inspection regime will come into force.

Death notifications in care homes – be prepared

CQC have confirmed 21st July 2021 as the date when they will release data showing notifications received from individual care homes relating to deaths of people with Covid-19 between 10 April 2020 and 31 March 2021.

Dementia, Care & Nursing Home Expo – we’d love to see you

We are delighted to announce that we will be exhibiting at the Dementia, Care & Nursing Home Expo, on 15/16 September 2021 at Birmingham’s NEC. We invite you to join us for two days filled with business-defining content, training, and exhibitor demonstrations.

Extending mandatory COVID vaccination throughout health and social care

Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.

Fundamental standards of care – Regulation 12 – safe care and treatment

All CQC registered providers, from the biggest NHS foundation trust down to the smallest care home, GPs and dentists alike, are required to adhere to the CQC fundamental standards of care.

Guidance for when a social care provider is called to an inquest

Considerations and top tips for social care providers who are called to attend and give evidence at a Coroner's inquest.

Harrogate Neighbours launches ‘Care Fest’ with a performance of ‘Fighting for Life’ from touring P...

haysmacintyre & Hempsons Hospice and Care Benchmarking Report

Welcome to the latest edition of the haysmacintyre and Hempsons Hospice and Care Benchmarking Survey Report.

Hempsons welcomes new partner – Liz Hackett

Liz Hackett has joined the healthcare advisory team in our Harrogate office this month.

How instability in the economy may impact the sale and purchase of care homes

Faisal Dhalla asks - with the cost of living rising, energy bills rocketing and bank borrowing becoming more expensive, where does that leave the market of selling and buying care homes?

ICO guidance: handling worker health data

The Information Commissioner’s Office (ICO) has published guidance on the handling of worker health data with the aim of providing advice and examples of good practice.

Immigration guidance update for the social care sector

The Government’s immigration guidance has been updated recently, impacting both employers and their employees within the social care sector.

Inquests podcast series – Inquests in care homes

The Inquests Podcasts return for a second season and will take listeners through the journey of specialist inquests, giving helpful background and advice. No1 - Inquests in care homes

Navigating change: What does the CQC’s new single assessment framework mean for providers?

The CQC is changing the way it inspects and reports on services, but what are the evidence requirements for providers and what areas of the current system will remain the same?

Navigating the single assessment framework

Philippa Doyle, explains how to navigate the Care Quality Commission’s (CQC’s) new inspection regime in the most cost-effective way, outlining the essential steps your business needs to take in preparation.

New regulations providing new rights for employees are coming into force from 6 April 2023

Two new employment regulations, affecting maternity, paternity, adoption, shared parental and carer's leave come into force on 6 April.

Newsflash: Mandatory COVID-19 Vaccinations in Health and Social Care Revoked

Hempsons legal experts discuss the latest VCod guidance

Newsflash: Supreme Court ruling in the Mencap v Tomlinson-Blake case

The Supreme Court has this morning ruled in Mencap v Tomlinson-Blake that calculation of national minimum wage (NMW) for sleep-in care workers only needs to include time when they are awake for the purpose of working. Where the employer provides suitable facilities for sleeping, time spent sleeping is not included in the calculation.

Podcast | CQC inspections – what’s the current focus?

In our latest podcast, social care expert Philippa Doyle and Jill Baker discuss the CQC's current approach to inspections.

Prime Minister confirms Terms of Reference for the COVID-19 Inquiry

The Prime Minister has published the final Terms of Reference for the COVID-19 Inquiry, confirming in a written statement yesterday that “The UK inquiry into COVID-19 is now formally established and able to begin its important work”.

Straight Talk – The implications of unlawful discharge

In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. Philippa Doyle and Jolena Bullivant-Clark discuss the case.

The Fundamental Standards – Safeguarding

In this edition in our series of Fundamental Standards articles, we explore the Health and Social Act 2008 (Regulated Activates) 2014 regulation 13 – 'Safeguarding service users from abuse and improper treatment'.

The Fundamental Standards – Staffing

In the latest in our series of articles on the CQC Fundamental Standards of Care, Philippa Doyle looks at Regulation 18 – Staffing.

The Fundamental Standards are your bible – get a copy, read them and use them!

Do you want to know how to improve the lives of the people you support and hopefully impress the CQC at the same time – then read the Fundamental Standards and tailor your service to meet those standards.

The Fundamental Standards, Regulation 12: Safe Care & Treatment – Are you compliant?

As part of our series of articles addressing the Fundamental Standards and how you need to ensure your service meets those standards, here we consider Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Safe Care & Treatment (“the Regulation”). It is important to note that the Fundamental Standards are a set of regulations. Each regulation is not entirely divisible from the other. For example, if you are not compliant with Regulation 18 (Staffing) and 19 (Fit and proper persons employed) it is unlikely you will be able to demonstrate compliance with Regulation 12(c).

The Government’s new five-point package of measures for the immigration system

On 4 December the Government announced new changes to the immigration system that are due to come into effect next spring.

The Government’s new five-point package of measures for the immigration system has been given a timeline

The new immigration system comes into effect in April 2024. In this article we look at the key dates for visa holders.

Top tips for managing vexatious families

Helen Claridge looks at the increase in cases where tensions between care providers and the families of service users are escalating to disputes and even placement failures and offeres tips for managing these difficult situations.

Visiting arrangements in Care Homes  – New Guidance 2 December 2020

New Guidance has been implemented from 2 December 2020 (Visiting care homes during Covid 19 DHSC).

Visiting in care homes fundamental standard: CQC’s final guidance

CQC’s final guidance on visiting and accompanying in care homes has now been published for providers.

What now: Vaccination as a Condition of Deployment

Yesterday evening, Sajid Javid announced a reversal of government policy to implement mandatory vaccinations throughout much of the health and social care sectors.

Who regulates the regulator – part two

In January 2020, we saw troubling reports of flawed reporting processes, with the CQC retracting a not insignificant number of reports due to duplication, necessitating re-inspections to enable providers to have confidence in the CQC’s ratings and findings.