SAFEGUARDING
FROM CRISIS TO CONTROL
Deborah Nicholson, Partner and Head of Crime & Regulatory at Markel Law, examines how care homes can safeguard their organisation and its service users.
Every provider will agree that safeguarding is fundamental for a safe and effective operation. On the face of it, the requirement is clear; safeguarding is about creating an environment where those receiving care are respected, supported and protected from harm, both physical and emotional, while retaining as much control and independence over their lives and decision making as possible.
Those that fight to safeguard service users every day are aware that a complex web of regulation and local oversight underpins the system, with CQC [or in some cases Ofsted] assuming the role of national guardian. The Care Act 2014 and the Children’s Act 1989/2004 are the key pieces of legislation that establish the statutory duties on the local authority, and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 set out a principles-based regulatory framework providers must comply with. A failure to comply with Regulations 12, 13 and 14 can constitute a criminal offence as well as a regulatory breach with an increase in CQC criminal prosecutions in 2023/24. Interestingly, 2024 also saw the first conviction and fine against a service for a Duty of Candor breach.
The pressure of managing a complex, ever-changing number of risks and the potential for human error means incidents will occur.
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Those with the strongest governance infrastructure recognise these risks and continually work to mitigate them.
“Those that fight to safeguard service users every day are
aware that a complex web of regulation and local oversight underpins the system”
The challenge for providers is how to respond effectively when a serious incident occurs, particularly where there are multiple investigations and agencies that require a response, and the Duty of Candor is engaged.
Potentially there can be involvement from the family, the police, the CQC, the local authority, and the coroner. Depending on the
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