0370 270 6000

CQC secures first conviction for breach of fundamental standards

15 June 2016

An adult social care provider was yesterday sentenced to a £190,000 fine at Bradford Magistrates' Court for failing to provide safe care and treatment, contrary to Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The conviction followed the death of a service user who fell from a shower chair, breaking his neck in April 2015.

The 2014 Regulations, setting out what are known as the 'fundamental standards' for care were largely implemented in April 2015 along with additional powers that make it much easier for the Care Quality Commission to bring prosecutions where they identify inappropriate or unsafe care.

This conviction appears to be the first of its kind and is accompanied by a warning from the CQC that they will consider the use of prosecution powers where they find that care providers are putting people at risk of harm. It makes it clear that CQC has both the resources and capabilities to bring such cases and that the courts are ready to impose very significant penalties where they do.

This news further highlights the importance of providers ensuring that their systems and processes can withstand scrutiny in the event of an incident, accident or inspection.

Related opinions

BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work

The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.

View blog

“MARSIPAN” Guidelines replaced with the Medical Emergencies in Eating Disorders Guidance

The Royal College of Psychiatrists has produced updated guidance to help frontline staff and clinicians identify and treat patients with eating disorders before the illness becomes a medical emergency.

View blog

Learning from Emergency Medicine compensation claims

Every year a high number of patients attend Emergency Departments (EDs) in England, often presenting with complex and wide-ranging symptoms. Many of these challenges were explored in the Getting It Right First Time Emergency Medicine Report, published in 2021.

View blog

LPS - it’s out

The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up