Navigating CQC Inspections & Enforcement with HCR Law

The webinar concluded with a practical Q&A session with Caroline Barker, addressing real-world challenges faced by care providers.

Question: My CQC portal only seems to allow me to complete notifications. Is this a common issue for all providers?

Answer: While several providers in the chat noted similar experiences, Caroline Barker acknowledged that the portal has had various technical issues since its implementation.

Question: If the CQC issues a condition where there are no clear definitions for compliance, would you recommend challenging it?

Answer: Yes. If it is not clear from the wording of a condition how you are expected to comply or how the CQC will determine you have met it, you should always consider a challenge.

Question: Many providers feel a sense of security after a successful PAMMS (Provider Assessment and Market Management Solution) inspection. How does a PAMMS visit relate to a CQC inspection?

Answer: It is important not to become complacent. While they may share information, they serve different purposes: the CQC reviews regulatory compliance with the Health and Social Care Act, whereas the local authority (via PAMMS) reviews compliance with your specific contracts and quality assurance. The two bodies often look at different things and can sometimes provide conflicting feedback.

Question: During a feedback session, an inspector ignored our positive evidence and focused only on negatives, such as gaps in repositioning records. Since I can prove those gaps occurred because the person was out of bed, should I send this evidence immediately or wait for the factual accuracy stage?

Answer: Triangulating records like daily notes with repositioning logs is exactly the right approach. Whether to send it immediately depends on the inspector’s attitude; if they seemed dismissive during feedback, it might be better to wait for the draft report to see exactly what is written before responding. However, if the evidence is clear and easy to provide, sending it ASAP to preempt the draft report is often a good strategy.

Question: We had an inspection in October and still haven’t received a draft report because the inspector is off sick. What can we do if a draft report is delayed?

Answer: It is very frustrating, but unfortunately, these delays are not uncommon. You can prompt the CQC for the report, but be prepared: once it is finally issued, you will still only have 10 working days to submit your factual accuracy response.

Question: Regarding the registration of Supported Living services, is the requirement about having a separate provider or just a clear contractual separation?

Answer: The key is having a clear contractual separation between the care provider and the tenancy agreement to ensure it is not seen as a “care home by another name”. Providers should also be very precise in defining when personal care is actually being delivered to maintain accurate registration and billing.

HCR Law are a Norfolk Care Association sponsor and offer our premium members 15% of their services. If you’d like to become a premium member, get in touch with us today!