Healthcare law is particularly complex and subject to extensive legislation and regulatory requirements. This certainly applies to dealings with the Care Quality Commission (CQC). Challenging the CQC is often a daunting prospect for many GP practices because dealing with the CQC can be laborious, confusing and complicated.
Preparation is key
GP practices will do well to do what they can to prepare for a CQC inspection where this is practical and possible. It will serve the GP practice’s interest best to be prepared as best they can to avoid the need for challenging the CQC and/or to avoid enforcement action by doing so.
GP practices will only get two weeks’ advance notice of a CQC inspection – which is not a lot of time for busy surgeries. Having said that, GP practices will have a general idea of the likely timescales for their next inspection because the CQC will use their previous practice rating to determine the next inspection date:
|
Previous rating |
Maximum time between inspections |
|
Inadequate |
6 months |
|
Requires improvement |
1 year |
|
Good or outstanding |
5 years |
GP practices can take a number of proactive steps to ensure they are ready for any CQC inspection:
- Preparing for Independent Investigations & Reviews
- Conducting Internal Investigations and policies and procedures
Challenging CQC Reports, Notices and Enforcement Action
It is important that GP practices do challenge the CQC where there are grounds to do so. Failure to do so could hold negative implications for GP surgeries:
- could have a material impact on the future of the practice;
- could cause serious reputational damage; and
- likely to lead to particularly intense and targeted action by the CQC.
All of the above will add additional stress and pressure on the GP practice and its staff to take corrective action, engage with the CQC whilst doing their normal work.
The CQC has a very broad range of powers available to it. Seeking legal advice can assist GP practices with creating capacity to effectively engage and respond to the CQC. Furthermore, expert legal representation can review the evidence used and relied on by the CQC in an objective, clear and proportionate manner in order to provide effective challenge.
Kings View Resolutions can help
We are legal consultants specialising in supporting health and social care businesses and organisations with a range of regulatory compliance and other issues arising from the workplace. Specialising in the health and care sector, we work to advise, support and represent businesses to minimise disruption, achieve and maintain required levels of regulatory compliance and limit reputational damage to your business.
Kings View Resolutions comes with 30 years’ combined experience working in the health and care sector, having advised and represented businesses and individuals across the full spectrum of regulatory and fitness to practise issues.
Through our experience, we have gained a reputation as one of the best, rated excellent by clients and customers and known for taking a hand’s on, practical and pragmatic approach to our work.
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Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
