Recently one of our domiciliary care clients received an Order from the Tribunal allowing its appeal in respect of a Care Quality Commission decision to cancel its provider registration. CQC had agreed to settle the case following an inspection which lifted the service from an overall Inadequate rating to Requires Improvement.

A number of points flow from this case.

  • CQC showed commendable patience with our client, giving it time to make improvements and embed them before starting the assessment/inspection.
  • CQC acknowledged the improvements but still had some concerns. As part of the settlement, CQC proposed four conditions to be placed on the registration, including only being allowed to take on new packages of care with CQC’s permission. We argued successfully that the restriction on new care packages was disproportionate based on the improvements that had been acknowledged by CQC. There were a number of other legal arguments we put forward, too. CQC decided to drop the proposed restriction, while the other three conditions were agreed, subject to negotiating the precise wording to make them clear and workable.  The three conditions were imposed on our client’s registration by the Tribunal as part of the final Order.
  • CQC negotiated in a fair and balanced manner, with both sides making concessions.

This was far from being a straightforward case with a variety of managers and care consultants coming and going along the way. There were times when things seemed bleak.  The owner of the business asked me not to give up on her and, of course, I didn’t. Professionally, I support my clients the whole distance irrespective of the final outcome.

The service now has strong governance systems in operation and a newly nominated individual who is excellent. A new manager is also starting soon. Families and service users were always positive about the quality of the care and the business will still be available to them.

The owner has levels of resilience I will never have. They also have a kind heart and the right values.  They just needed to apply their governance framework methodically and consistently.  They are now doing that, and I am confident the business will flourish into the future.

After the case was settled, the owner wrote to me in the following terms:

“Thank you so much for your hard work and believing in me. Thank you so much for your professionalism and trust when everyone else gave up on me. I really appreciate your patience and work you dedicated to make this happen.”

A pleasing outcome and a happy client.

 

About the Author

Neil Grant

Partner