Factual accuracy challenges
Upon receipt of a CQC draft inspection report, a provider has 10 working days to challenge its factual accuracy. CQC is obliged to consider these challenges and to provide its response.
This process allows providers to challenge elements of the draft report as follows:
- Numerical or typographical errors;
- Factually inaccurate statements made by the inspection team;
- Submitting further evidence/information which the inspection team did not consider as part of the assessment which the provider considers is relevant to the rating of their service.
Evidence submitted by the provider as part of the factual accuracy challenge must have been available at the time of inspection or be evidence showing actions taken by the provider since the inspection. This is important now as there is often a long wait between a site visit and the draft report being shared with the provider.
It is crucial that the provider takes this opportunity to rebut any inaccurate statements made by CQC and provide evidence to back this up.
Judgements about providers and their service made by the inspection team must be based on factual evidence and/or expert opinion. The CQC’s Inspector’s handbook in 2013 stated: “Any matters that are not based on factual or expert opinion are not evidence and cannot be relied on. This means that people’s assumptions, personal views, opinions, beliefs and disbeliefs are not evidence.”
Examples we have come across recently include statements questioning the honesty of the provider or the provider’s motives in running their care service.
Instead the inspection team should be arriving at judgements based on proper, robust evidence such as documentary evidence or observation of care practices during a site visit.
Final inspection reports are published on the CQC website and can be of significance when it comes to considering insurance and commissioning of packages. It is therefore crucial that providers use this opportunity to rebut any factually inaccurate statements made within the report before it is published, as well as providing additional relevant information not considered as part of the inspection.
Rating reviews
If a provider is dissatisfied with the result of the factual accuracy process and the ratings do not reflect the service, a provider can request a rating review within 15 working days of the publication of the inspection report. This request is limited to 500 words and must identify how the CQC has failed to follow its own decision making process in rating the service and which ratings the provider wants CQC to review.
An independent reviewer from CQC will look at the processes followed by the inspection team when awarding the ratings and scoring. If the independent reviewer decides the grounds for a rating review are not met, CQC will refuse the review and should explain to the provider their reasons for refusing in writing.
We have recently made several rating review requests for our clients. Some of the procedural failures by CQC that have led to these requests are:
- Failing to acknowledge the existence of an assessment window or referencing a wrong assessment window;
- Using the same evidence in numerous evidence categories;
- Introducing new information in response to the provider’s factual accuracy check to which the provider was not given an opportunity to respond;
- Failing to provide a full report of its findings for each quality statement.
In certain circumstances we have been successful in persuading CQC to re-inspect on the basis that the inspection and factual accuracy process were flawed.
We are experienced in assisting providers to navigate the factual accuracy process and advising on tactical decisions following publication of an inaccurate report. Working with the CQC’s current regulatory framework is proving extremely challenging for many providers.
If you have had difficulties with CQC and are seeking legal support, please do not hesitate to contact us on 01483 451 900 or email us at sols@gordonsols.co.uk.
About the Author
Assistant Solicitor
Tel: 01483 451 900
Email: Poppy@gordonsols.co.uk