Ten legal issues that keep providers awake at night Alistair Hewitt - - PowerPoint PPT Presentation

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Oct 01, 2022 610 likes •782 views

Ten legal issues that keep providers awake at night Alistair Hewitt Agenda 1 CMA Guidance on Resident Contracts 2 Termination Provisions 3 Neglect Prosecutions 4 MCA/DOLs/LPS 5 Fire Authority Increasing Prosecutions 6 Home care 7

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Ten legal issues that keep providers awake at night Alistair Hewitt

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1 CMA Guidance on Resident Contracts 2 Termination Provisions 3 Neglect Prosecutions 4 MCA/DOLs/LPS 5 Fire Authority – Increasing Prosecutions 6 Home care 7 CQC 8 CQC… 9 CQC again 10 CQC yet again (you get the gist!)

Agenda

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1 CMA Guidance on Resident Contracts

Concerns re: post death fees
Concerns re: unfair terms
Do you need to redraft your terms now?

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2 Termination Provisions

Essential for any contract
Unable to meet resident’s needs or impact on ability to

manage home

Check wording/consult/effective notice/court action?

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3 Neglect Prosecutions

Ill treatment or wilful neglect
Individual carer offence
Corporate offence
Police interviews and prosecution

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4 MCA/DOLs/LPS

Mental Capacity Act issues common in CQC Reports
Training and understanding
DOLs delays and cost
LPS proposed – but will Brexit allow enough parliamentary time? –

although has just received Royal Assent – so is near

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5 Fire Authority – Increasing Prosecutions

A prosecution authority in its own right
Increasing action
Easy to offend

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6 Home Care

Contracts with authorities – who holds the balance of power
How good are your contracts of employment or engagement
CQC

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7 CQC - Inspections and Enforcement

Now a part of the process, but what happens when things do not go

according to plan?

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7 CQC – Factual Accuracy

Check Accuracy
Use Part C widely
Ratings appeals and injunctions are difficult

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7 CQC – Notices of Proposal

Impose condition or remove registration
28 days to respond
Can appeal
Seek advice to maximise prospects of success

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8 CQC – S.31 Notices

Nuclear option
Immediate affect
? In tribunal in 2 weeks

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9 CQC - Prosecutions

Increasing = 163 at November 2018
Interviews under Caution or Letter of Intent
Advice on fine discounts essential

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10 CQC – Notices of Intent

For prosecution or S.31
Short time scales
There are some important factors to bear in mind

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Thank you for listening

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RadcliffesLeBrasseur specialise in advising care home operators Sign up for our free care sector briefings please email: Alistair.Hewitt@rlb-law.com Visit rlb-law.com

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