HEALTH & SAFETY
Fail to Prepare, Prepare to Fail
The steps taken by a provider prior to, and in the immediate aſtermath of, a crisis event can be determinative of what enforcement action is pursued against it. Pannone Corporate, a commercial law firm, believes it is imperative that companies proactively consider how they would respond to such situations.
The private healthcare sector is being stretched with providers facing daily operational, financial and personnel pressures as well as being subject to regulation by an increasingly active Care Quality Commission (CQC).
The CQC has a wide range of enforcement powers, all of which can have an immediate and significant impact on a provider’s ability to operate. In addition to issuing fixed penalty notices and cancelling a provider’s registration, the Commission is also able to prosecute both individuals and organisations which it considers to have failed in meeting the required standards.
The number of CQC enforcement actions is increasing year on year, as are the fines imposed on registered providers following conviction. For example, Derbyshire County Council was fined £500,000 at the end of 2019 aſter it was prosecuted in connection with the death of a service user. This is the largest fine to date imposed on a provider following prosecution by the CQC. Other recent prosecutions include a £200,000 fine for Sussex Partnership Foundation Trust and a £100,000 charge for BUPA in June and October respectively.
It is therefore essential that providers are able to respond swiſtly and appropriately should a crisis occur, and that they are fully aware of the scope and extent of the CQC’s investigatory and enforcement powers, so as to avoid being the recipient of the next headline-grabbing fine.
How a business responds to a CQC investigation is key in determining whether enforcement activity is pursued, the form that activity takes and whether the organisation bounces back stronger, or is forever tarnished by the event. A good
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response is a prepared response - having clear and well- rehearsed procedures helps to mitigate some of the potential for human frailties and errors. So, what proactive steps can providers take?
SAFETY MANAGEMENT AS A PRIORITY
No organisation wishes a crisis event upon itself, yet unfortunately such instances do occur. Although advance preparation may be considered to be an additional (and unnecessary) burden on management time, implementing and reviewing a crisis management policy before it is required will place an organisation in a strong position to respond responsibly to an adverse event.
To be effective, any such policy must be comprehensive, specific to the business’ needs and communicated to, and understood by, those required to act in accordance with it. Crisis response training may also be beneficial.
BE PROACTIVE WITH SAFETY AUDITS
Registered care providers are required to not only comply with the fundamental standards of care, but must also be compliant across all other aspects of their business. In addition to service users, providers owe duties of care to their employees, agency workers, visitors and contractors to site, and adverse incidents involving any of these parties can lead to regulator interest and investigation.
Providers must therefore consider risks across their entire operation and, where weaknesses are identified, actively take steps to minimise or negate these. Where an organisation is on notice of a hazard, but fails to act in response, the CQC is
www.tomorrowscare.co.uk
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