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

Forgotten your password?

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

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Increasing organisational resilience in maternity services

On 12 November 2020, the HSIB published its latest national investigation report on maternity safety - what are the likely implications for maternity services?

View blog

New guidance issued by NHSE&I on procedures for clinical commissioning groups (CCGs) to apply for constitution change, merger or dissolution

NHSE&I issued new guidance to clinical commissioning groups (CCGs) on 3 August 2020, this is a must read document for all CCGs either going through or contemplating embarking on a merger process.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up