CQC to prosecute care home directors that allow neglect and abuse

The will have the power to prosecute directors of care homes and hospitals and will also carry out mandatory checks to ensure they are ‘fit’ to lead their organisation, according to new proposals set out by the Care Minister.

Care and Support Minister, Norman Lamb, has announced plans to introduce a fit and proper test for directors, as part of work to address problems in the current system that fail to hold company directors to account for serious failures in care.

Norman Lamb, Care and Support Minister said: “Scandals like Winterbourne View and Mid-Staffs have damaged confidence in our health and care system. Part of our commitment to rebuilding that trust comes from making sure that people at all levels are held to account for failings when they occur.

“Whilst there must be a sharper focus on corporate accountability, more needs to be done to ensure those responsible for leading a care organisation are up to the job. I hope that providers and people who use services and their families will respond to this consultation as we look to take these proposals forward.”

All directors within NHS Trusts and Foundation Trusts, independent healthcare organisations and social care organisations regulated by the CQC, will have to undergo the mandatory ‘fit and proper person’ test to determine whether they are suitable to fulfil their role.

The tests will identify concerns about an individual’s honesty, integrity, competence and capability and include considering their past record with other care providers. In cases where a director is deemed by the CQC to be unfit, the CQC can insist upon the director’s removal.

CQC chief executive David Behan welcomed the proposals and said: “Those who run health and care service are accountable for the quality and safety of the care they provide. People have a right to expect that care homes and hospitals meet basic standards of care. The power to prosecute, along with a ‘fit and proper’ person test for directors, gives people who use services greater assurance that poor care will be challenged and that they will receive safe and effective care.”

Currently, providers responsible for appalling care can escape prosecution, even in the worst cases. This is because CQC can only prosecute in cases where it has previously issued a warning notice to the provider and the provider has failed to comply with that warning notice.

The Department of Health’s consultation can be found at www.gov.uk/government/consultations/improving-corporate-accountability-in-health-and-social-care