Care Homes

New performance reviews

CQC has a statutory duty to conduct periodic performance reviews of care homes providing adult social services provided or commissioned by English local authorities. The government has amended, through the new Care Act 2014, the scope of the periodic assessments to be undertaken by CQC and the methods by which such reviews are to be devised. The scope of these assessments for the provision of services is now to be set through regulations which will come in to force on 1 October 2014 and the purpose behind which is to devise a system of performance ratings for health and social care providers. Any performance review by CQC of health or social care commissioning would be undertaken under different powers.

Special measures regime to apply to failing care homes

The government has recently announced that the special measures regime introduced for failing hospitals is to be extended to care homes (and home care agencies) in 2015. The new regime could lead to the closure of homes that fail. The details of the new regime are not yet available but may involve less external support and rely more on shorter deadlines to shock providers into action. The measures are intended to follow on from the performance ratings to be rolled out this autumn and which should grade care homes as outstanding, good, requires improvement or inadequate. Some have expressed concerns about how the new measures will be implemented and the financial pressures on those homes put into special measures whilst the opposition said that the government's budget cuts were the real reason there were social care problems.

New fundamental standards

Following consultations after the publication of the Francis enquiry report, the government has recently published its response and the proposed new regulations. These include the introduction of fundamental standards (as recommended by the Francis enquiry), fit and proper person regulations and a new statutory duty of candour (as again recommended by Francis). It is intended that these new regulations will apply to registered care home providers from April 2015. For further details please click here.

Consultation on the Care Act 2014

The government issued in June its consultation on the draft regulations and guidance for the implementation of part 1 of this Act (the Act only applies to England). The consultation period ends on 15 August 2014.

The underlying principle behind the Act is personalisation - to allow...