Care Quality Commission

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Care Quality Commission
Abbreviation CQC
Type non-departmental public body
Region served England
Website www.cqc.org.uk

The Care Quality Commission is a non-departmental public body of the United Kingdom government established in 2009 to regulate and inspect health and social care services in England. This includes services provided by the NHS, local authorities, private companies and voluntary organisations - whether in hospitals, care homes or people's own homes. Part of the Commission's remit is protecting the interests of people whose rights have been restricted under the Mental Health Act.

Contents

History [edit]

Until 31 March 2009, regulation of health and adult social care in England was carried out by the Healthcare Commission and the Commission for Social Care Inspection. The Mental Health Act Commission had monitoring functions with regard to the operation of the Mental Health Act 1983.

The Health and Social Care Act 2008[1][2] established a single, integrated regulator for health and adult social care - the Care Quality Commission[3] to replace these three bodies. The Commission was created in shadow form on 1 October 2008 and began operating on 1 April 2009.

The CQC is not entirely independent. Although it describes itself as the "independent regulator of all health and social care services in England"[1], it is in fact "accountable to the public, Parliament and the Secretary of State for Health."[2] and much of its funding comes from the taxpayer.

Functions [edit]

The Act sets the new Commission's functions in assuring safety and quality, assessing the performance of commissioners and providers, monitoring the operation of the Mental Health Act and ensuring that regulation and inspection activity across health and adult social care is coordinated and managed.

It is hoped the new system will enable a joined-up regulation for health and social care, helping to ensure better outcomes for the people who use services. There are already many good examples of integrated health and social care delivery so the creation of a single regulatory system will fit with this.

Health and social care providers - including, for the first time, NHS providers - will be required to register with the new regulator in order to provide services (see below). The registration requirements that all providers must meet will be consistent across both health and adult social care and will be the subject of a forthcoming consultation. Focussing regulation on the levels of safety and quality that those who use services care most about will help ensure that patients, users and vulnerable groups are protected.

For staff working in provider organisations, the new regulatory system will provide a much clearer system of exactly which requirements they must meet in order to provide services. The risk-based approach means that regulation activity will be targeted where action is required.

The Act gives the Commission a wider range of enforcement powers along with flexibility on how, and when to use them. This will allow the regulator greater powers to achieve compliance with registration requirements - including requirements relating to infection control. The Commission will be able to apply specific conditions to respond to specific risks - such as requiring a ward or service to be closed until safety requirements met, as well as being able to suspend or de-register services where absolutely necessary.

Bringing the functions of the Mental Health Act Commission into the remit of the Care Quality Commission will strengthen the monitoring of the Mental Health Act, and offer increased oversight of the treatment of patients subject to compulsory detention.

In October 2010 the coalition government announced swingeing cuts to the world of quangos and ALBs. However, the Care Quality Commission was not only spared but has had its powers increased.

Registration of care providers [edit]

All health and adult social care providers that come within the future scope of registration are required to register with the Care Quality Commission. In order to be granted registration, care providers need to demonstrate that they can meet, or are already meeting, the registration requirements. To maintain their registration they need to demonstrate an ongoing ability to meet the requirements.

A registration system for social care and independent health providers already exists under the Care Standards Act 2000, but there is no such system for the NHS. The new registration system will incorporate providers from all sectors into a single system. (For NHS trusts, the registration criteria will thus replace Standards for Better Health.) In developing the new registration system and its requirements both the Government and the Care Quality Commission will build on the experience of the current commissions and service providers in operating under the existing system and against the current standards.

The Department of Health ran a consultation[4] on which health and adult social care services should require registration with the Care Quality Commission; and what the requirements for registration should be. The consultation closed on 17 June 2008.

In 2010 the Care Quality Commission required that all care providers re-registered their services - an unpopular move with many care providers who saw their current inspection rating as being under threat - and the regulator is expected to report back in April 2011 on a new system of regulation.

Board [edit]

Chair [edit]

On 15 May 2008, the Department of Health announced that Barbara Young, Baroness Young of Old Scone, had been appointed as shadow Chair of the Care Quality Commission.[5] The announcement followed an independent recruitment exercise conducted by the Appointments Commission and a pre-appointment scrutiny hearing by the Health Select Committee, which subsequently endorsed Barbara Young for appointment. Baroness Young was formerly the Chief Executive of the Environment Agency. The most recent staff survey completed[citation needed] identified that 86% of the staff have no confidence in the executive team. 82% of the staff team identified that it is not safe to speak up and challenge the way things are done.

On 26 Dec 2009, Barbara Young announced that she is stepping down from the role, effective February 2010.[6] Dame Jo Williams (Deputy Chairman of the CQC) will act as Chairman until a successor is appointed.

On 1 October 2010 Dame Jo Williams was confirmed as the Chair of CQC. She resigned on 7 September 2012 after it emerged that she asked the then Health Secretary Andrew Lansley to remove 'whistleblower' Kay Sheldon from the CQC board amid allegations surrounding Sheldon's mental health.[7] Sheldon had tried to raise concerns about an alleged bullying culture at the CQC at the enquiry into deaths at Mid Staffordshire hospital.[8] Williams was forced to apologise to MPs for reiterating her allegations at a Health Select Committee hearing [9]

On 28 January 2013 David Prior, former Conservative MP was appointed as Chair.

Chief executive [edit]

On 22 July 2008, it was announced that Cynthia Bower had been appointed as the Commission's Chief Executive.[10] Cynthia Bower was previously chief executive of NHS West Midlands. Prior to this, she held posts as chief executive of a community health trust and a primary care trust. In addition, she has had practical and managerial experience in children's services, policy development between health and social care in mental health, intermediate care for older adults and family support for children.

Bower's appointment was called into question following the publication of the report of the investigation into Mid Staffordshire NHS Foundation Trust by the Healthcare Commission in March 2009. The report criticised the strategic health authority, NHS West Midlands, (of which Bower was chief executive from 2006 to 2008) for having "accepted without detailed scrutiny" the trust's account that it was taking effective action in response to high mortality figures. The report did also note that NHS West Midlands had commissioned the University of Birmingham to undertake research into the mortality rate at the trust.[11] Shortly after publication of the report the Health Service Journal noted that Bower had been criticised for not doing more to prevent the problems at Mid Staffordshire. The article also quoted Bower as saying that if the Healthcare Commission had shared its information about the trust with NHS West Midlands sooner, then the two organisations could have 'worked together to look at what the issues were'.[3] The criticisms of Bower prompted the Care Quality Commission to issue a public defence of its chief executive which was also reported in the Health Service Journal at the beginning of April.[4]

Cynthia Bower resigned as Chief Executive on 23 February 2012 and was succeeded from 8 June 2012 by David Behan, formerly the Department of Health's Director General of Social Care, Local Government and Care Partnerships.

Commissioners [edit]

The first Commissioners were appointed to the board on 1 September 2008.[12] The Commissioners currently comprise:[13]

Criticisms and Controversies [edit]

Private Eye magazine has regularly reported alleged failings of the CQC.

The BBC TV programme Panorama broadcast evidence of mistreatment on residents of a Castlebeck hospital on May 31, 2011. Despite evidence concerning the same institution having previously been given to the Care Quality Commission, the body failed to act and has since admitted "an unforgivable error of judgment”.[14]

It was reported in November 2011 that the Care Quality Commission was being investigated, regarding a number of alleged failures, by officials at Department of Health and NHS management.[15]

At least one chairman [5], one chief executive [6] and a board member [7] of the CQC have been singled out for attention by a UK Secretary of State for Health.

See also [edit]

References [edit]

  1. ^ Office of Public Sector Information - Health and Social Care Act 2008
  2. ^ Office of Public Sector Information - Health and Social Care Act 2008 (pdf)
  3. ^ "Care Quality Commission" (Press release). Department of Health. 2007-11-16. Retrieved 2008-09-16. 
  4. ^ "The future regulation of health and adult social care in England: A consultation on the framework for the registration of health and adult social care providers" (pdf). Department of Health. 2008-03-25. Retrieved 2008-09-16. 
  5. ^ "Care Quality Commission Chair announced" (Press release). Department of Health. 2008-05-15. Retrieved 2008-09-16. 
  6. ^ "Barbara Young decides to leave Care Quality Commission" (Press release). Care Quality Commission. 2009-12-05. Retrieved 2009-12-05. 
  7. ^ http://www.pulsetoday.co.uk/newsarticle-content/-/article_display_list/14579594/cqc-chair-steps-down.  Missing or empty |title= (help)
  8. ^ http://www.pulsetoday.co.uk/newsarticle-content/-/article_display_list/13185451/investigator-to-probe-cqc-bullying-culture-claims.  Missing or empty |title= (help)
  9. ^ http://www.pulsetoday.co.uk/newsarticle-content/-/article_display_list/13185451/investigator-to-probe-cqc-bullying-culture-claims.  Missing or empty |title= (help)
  10. ^ "Chief Executive of the Care Quality Commission announced" (Press release). Care Quality Commission. 2008-07-22. Retrieved 2008-09-16. 
  11. ^ http://www.cqc.org.uk/_db/_documents/Investigation_into_Mid_Staffordshire_NHS_Foundation_Trust.pdf, pp. 135 and 120-122
  12. ^ "Commissioners join the Care Quality Commission" (Press release). Care Quality Commission. 2008-09-01. Retrieved 2008-09-15. 
  13. ^ Care Quality Commission - About us - Our people - Commissioners
  14. ^ Swinford, Steven (2011-06-01). "Warnings of care home 'were ignored for months'". London: Daily Telegraph. 
  15. ^ Ramesh, Randeep; Campbell, Denis; Bawden, Anna (November 14, 2011). "NHS watchdog faces investigation as concerns mount over patient care". The Guardian (London). Retrieved November 15, 2011. "The watchdog responsible for overseeing NHS hospitals and care homes is being urgently investigated by the Department of Health over a series of alleged failures that could have risked patient care. DoH officials and NHS bosses have acted after mounting concerns about the Care Quality Commission (CQC) [...]" 

External links [edit]