Comment
LegaL Line
Nicole Ridgwell answers your legal questions
‘ WILL CQC CATCH US OUT ?’
With the proposed move by CQC to short-notice inspections coming into force this month , how much leniency will be allowed for one-off issues ?
CQC ’ s intention to begin short-notice or unannounced inspections of substance misuse service providers will be a significant change for the sector , which has previously had notice of inspectors ’ visits and been able to prepare .
It comes at a time when the sector is acutely aware that CQC is watching . In the November 2017 briefing ‘ Substance misuse services : The quality and safety of residential detoxification ’, CQC set out its significant concerns from the first inspection cycle under the new regime . The headline summary was that CQC took action to require 72 per cent of providers to make improvements due to breaching regulations and failing to meet
‘ Providers should demand that CQC exercise reason - ableness and proportionality .’
fundamental standards of care .
Inspections are crucial to CQC ’ s understanding of the services it regulates . The less notice they provide , the less time providers have to prepare . This will understandably cause some nervousness and it may be tempting to request leniency during the period of adaptation . Unfortunately , however , any such requests are likely to fall on deaf ears for two main reasons .
Firstly , short-notice and unannounced inspections have become increasingly common throughout the regulated sectors in the past few years . CQC gave no leniency to , for example , GP surgeries and dental practices when they introduced unannounced inspections and will feel no need to act differently with this sector .
Secondly , inspections are intended to capture an ‘ on the day ’ assessment of a service . Inspectors understand that the more notice given to prepare , the less likely that what they see is identical to normal practice . Short-notice inspections reduce the opportunities available to providers to ‘ improve ’ their service , and what the inspectors see is more likely to accurately reflect its normal running .
To expect inspectors to be more lenient because the provider does not have this extra notice period will be met with a less than positive response . That said , the rules of challenging the resulting draft inspection reports remain the same and it is just as important to challenge that which is not factually accurate .
We regularly view draft inspection reports which use isolated or one-off issues to improperly extrapolate a conclusion of systemic failure . This presents a false assessment of the service , and must be challenged through evidence that shows that a one-off issue is not representative of the wider service .
In summary , providers should not be asking for ‘ leniency ’, but should instead be demanding that CQC exercise reasonableness and proportionality when assessing those one-off issues . To do otherwise would be to publish a misleading report – something which is of no benefit to the public , the service or the reputation of the regulator .
Nicole Ridgwell is solicitor at Ridouts Solicitors , www . ridout-law . com
MEDIA SAVVY
The news , and the skews , in the national media
THE HISTORY OF PROHIBITION proves it fuels gangsterism and forces up potency , from moonshine replacing beer and wine almost a century ago in the United States through to skunk ousting milder cannabis on British streets . Stronger products mean smaller quantities for smuggling , bigger profits and more turf fights … When will Westminster accept its lethal failure on this battlefront ? We have the highest rates of heroin use and almost one in three of the overdose deaths in Europe . Our mortality rate is ten times that of Portugal , where addiction is treated as a health issue , not a crime . It slashed heroin abuse after decriminalising drugs . British politicians are acting with criminal incompetence as other countries start to end this stupid war and focus on harm reduction . Ian Birrell , Times , 18 April
THERE ARE DRUG INJECTION FACILITIES in almost 70 cities around the world , but not one in the UK . That is because of outdated laws that the UK government must either change or devolve to Scotland . There were 867 drug-related deaths in Scotland last year and countless other lives were devastated . How many of those people would still be alive if they were in a safe environment , using clean equipment and with medical professionals on hand ? Aileen Campbell , Herald , 9 April
OBVIOUSLY , IT ’ S FAR MORE
HARMFUL TO DRINK HEAVILY . However , the part of the [ Lancet ] study relating to moderate drinking appears to be mainly middle-class territory – the ‘ one ( or two ) glasses of red a night won ’ t do me any harm and probably quite a bit of good ’ self-delusion desperados , who seem to think their alcohol can ’ t hurt them because they bought it from Waitrose … It could be a pricey bottle or a dented can from the budget bin of the supermarket , but drink too much of it , at the right strength , and it will affect your health . Barbara Ellen , Observer , 15 April
‘ I cannot help wondering why everyone wants to prolong a life that will inevitably be joyless ...’
SHOUTY HEADLINES ON FRIDAY MORNING proclaimed : ‘ Couple of glasses a night shortens life by two years ! Much more than four bottles a week can lop off five years !’ By that count , I should have died four years ago … I have always wondered about the veracity of these scare stories , thinking , well , what if your wine glasses are really small ? And I cannot help wondering why everyone wants to prolong a life that will inevitably be joyless , as if this were our only ambition . Liz Jones , Mail On Sunday , 15 April www . drinkanddrugsnews . com May 2018 | drinkanddrugsnews | 15