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CQC and Deprivation of Liberty Safeguards John Hawkins Care Quality Commission

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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CQC and Deprivation of Liberty Safeguards John Hawkins Care Quality Commission

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    1. CQC and Deprivation of Liberty Safeguards John Hawkins Care 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

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