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Our model of Quality. Safety and safeguarding Outcomes, including clinical outcomes Experience of people who use services Supporting independence, wellbeing and quality of life Access to services Value for money. Our priorities to 2015. Ensuring care is centred on peoples' needs and protects their rights Championing joined-up care Acting swiftly to help eliminate poor quality care Ensuring and promoting high quality care Regulating effectively in partnership .
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1. CQC and Deprivation of Liberty SafeguardsJohn HawkinsCare Quality Commission
3. Our priorities to 2015 Ensuring care is centred on peoples’ needs and protects their rights
Championing joined-up care
Acting swiftly to help eliminate poor quality care
Ensuring and promoting high quality care
Regulating effectively in partnership
4. CQC and the Mental Capacity Act
Wider priorities – MCA and CQC values
CQC values
Regulatory systems to promote these values
Involving people in our work
5. CQC and the Mental Capacity Act
Monitoring the Mental Capacity Act
CQCs guidance for providers and inspectors –
Mental Capacity Act
Deprivation of Liberty Safeguards
www.cqc.org.uk
6. Monitoring: CQC’s duties and powers Duties
To monitor (regulation 2)
To report (regulation 3)
To advise & inform (regulation 5)
Powers
To visit
To interview (regulation 4)
To see relevant records
7. Regulating and monitoring Regulating
To evaluate performance against statutory requirements and standards
To take proportionate enforcement action where appropriate
Monitoring
To observe and report
No enforcement function
Similar to our Mental Health Act duties
8. Registration:Guidance about Compliance (1) Guidance about Compliance has 26 required outcomes
First two outcomes specifically and deliberately aligned with the MCA codes of practice:
1) Respecting and involving people who use services
2) Consent to care and treatment
They focus on:
Rights, involvement and taking decisions
Individualised care
Planning and reviewing
9. Registration:Guidance about Compliance (2) Rights-based throughout
Whole document outcome focused
Each outcome directly linked to an enforceable regulation
Hierarchy of enforcement options:
Warning notices
Fixed penalty fines
Caution
Prosecution
Restrictive conditions
Cancellation (closure)
10. Assessment of commissioners CQC assessments of LA adult social care & PCTs include monitoring Supervisory Body processes and outcomes
Findings reported at national level
2008-2009 assessments of SB activity:
Benchmarking
SB interpretation of their role and responsibilities
Consistency
Future SB monitoring to be developed in light of 2008-2009 findings
11. Monitoring role September 2010- NEW - Notifications of applications and authorisations must be made under Regulation 18.
Hospitals and care homes will be obliged to notify CQC when an application to a Supervisory Body is made. Information must include –
Date of the application
Reasons for the application
Whether an application in respect of that person has been made before
Address of the Supervisory Body
The result of the application
12.
We will :-
Contact the service
Send surveys
Case track
Interview staff
Look at records and training records
Make sure any authorisation is reflected in care plan
See if people are given rights
See if there are reviews
Look at consent issues- Mental Capacity Act
Note unauthorised deprivation- third party referrals
13. Many services properly following regulated requirements and MCA Codes of Practice
Others do not understand human rights and choice, and their role in promoting involvement and inclusion
CQC using regulatory framework and new structures to monitor practice and secure improvements where needed
14.
Making sure people get better care