24.08.18
CQC wins tribunal preventing provider from increasing private care capacity
The CQC has won a first-tier tribunal decision preventing a care group from increasing the number of people with learning disabilities at one of its services.
Care Management Group Limited (CMG) — a care provider running a large number of specialist support provisions around the country for people with learning disabilities, autism, or behaviour that is challenging — applied to the health inspectorate in April last year to increase the maximum number of people at one of its practices in Essex from seven to 10.
The health inspectorate refused CMG’s application at the Cherry Tree practice — which is situated on a congregate and campus site known as Lilliputs, accommodating up to 26 people across three services on the site — on the basis that it did not demonstrate it would comply with CQC’s policy ‘Registering the Right Support’.
The policy states that new services and variations to registrations within a campus and congregate setting should not be developed due to the model of care not being in the interests of people with a learning disability.
The CQC was also not assured that appropriate consultation had taken place with those who used the Lilliputs site, their families or advocates, or local commissioners to identify local need.
The tribunal decision wrote: “In our view, registration decisions by the CQC should not be about facilitating the filling of existing beds or spaces/voids. Indeed, that is one of the key harms to which the national guidance is directed.
“The proper focus of the CQC is on the protection and promotion of the welfare of service users.”
Tribunal Judge Siobhan Goodrich said the decision was “plainly in accordance” with the law, including most regulations. Judge Goodrich noted that the decision “was necessary in pursuit of a legitimate public interest, namely, the protection and promotion of the health and well-being of future service users.”
Viv Cooper, chief executive of The Challenging Behaviour Foundation, said: “People with learning disabilities have the same rights as everyone else to live in their local communities with the right support to enable them to lead fulfilling lives.”
Ray James, national director for learning disability at NHS England, said: “This judgement is welcome reinforcement of the importance of supporting people with a learning disability, autism or both to lead fulfilling lives in their communities.
“Consistent with national policy – as set out in Building the Right Support – it gives a clear message about the types of services that will be provided in the future to help ensure people get the very best care and support.”
Enjoying NHE? Subscribe here to receive our weekly news updates or click here to receive a copy of the magazine!