2010 an eventful year for care regulation, but what can we expect for 2011?

The October re-registration deadline has left many care providers feeling in limbo as to the direction their service will take, while the Care Quality Commission has announced it is working towards an April 2011 deadline to produce its new registration system. This is likely to coincide with the Coalition Government’s independent commission into the financing of care for an ageing demographic, that began a 12-month process shortly after the two parties came to power but, though this could prove to be astute timing for the future of the care sector, it remains to be seen to what extent the CQC and the Government are collaborating over the process.

Until this time, debate will continue amongst care providers over the new style of regulation they are to expect, and there certainly seem to be a growing number of issues that bodies like the National Care Association are locking horns with the CQC on. The regulator’s claim, in October, that over 1,000 care homes in England were without a registered manager was described as ‘ludicrous’ by the NCA, who felt the figures were a distortion of the facts caused by the CQC’s own re-registration process. While the NCA is also concerned over the effects of negative publicity on the stability of future care providers, and are looking for Government to stick up for care providers while public sector cuts are on the cards.

Care experts are largely predicting a ‘vetting and barring scheme’ to be implemented by the CQC, which will mean far fewer inspections and the loss of the current care home rating system. Providers will be encouraged to identify their own improvement targets rather than relying on enforcement action, and will work more closely with local authorities in order to demonstrate their compliance to current standards. As yet, however, the means by which this will be achieved has yet to be detailed, causing some to speculate that regulation is actually moving backwards to an older form before inspections were the essential factor.

Of the speculated developments likely to cause the most controversy is perhaps the whisper that the CQC may be considering the option of allowing care homes to purchase an ‘excellent’ rating. A suggestion likely to astound those who are keen to ensure service users that methods of regulation are trusted and not bought. Undoubtedly, should it come to light, this development will be attacked for allowing luxury private sector homes to easily secure a high rating without great achievement, whereas less well-funded care homes, that strive against the odds for the delivery of best service standards, will be prevented from earning their rightful rating. So far the CQC have yet to deny this is a possibility.

Other developments that could potentially lead to controversy include the portability of CRB checks, with some form of financial contribution from carers being rumoured, and plans from the regulator to take advantage of new computer software in order to search online networks for complaints about care providers. Relying on intelligence taken from the Internet remains a grey area and is likely to give rise to a debate as to whether hit-and-results will do more harm than good.