0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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

Deprivation of liberty reform - request for comment

As you may have already heard, the Joint Committee on Human Rights has launched an investigation into deprivation of liberty, and in particular is inviting views on the law Commission’s proposals.

View blog

Stop press! No news on the Law Commission deprivation of liberty reform proposals

The Government has made an interim statement in response to the detailed proposals for reform on the law on mental capacity and deprivation of liberty.

View blog

Charlie Gard – European Court of Human Rights to hear case

It would be hard to find a more tragic set of circumstances than Charlie Gard’s case and the understandable anguish for his parents.

View blog

'Deaths under DoLS' – inquests no longer mandatory from 3 April 2017

From 3 April 2017 the Policing and Crime Act 2017 comes into effect to amend the Coroners and Justice Act 2009 and relieve coroners of the current duty to hold an inquest into every death where the deceased was subject to a Deprivation of Liberty Safeguards (DoLS) authorisation or was deprived of their liberty through provisions in the Mental Capacity Act 2005.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up