Eric Baskind and I Discussing The Legal Implications of a Care Quality Commission Freedom of Information Response [Video]

Under The Health & Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 13:

“CQC inspectors are expected to safeguard people who use services from suffering any form of abuse or improper treatment, which includes …. unlawful restraint”.

However the CQC’s response to a freedom of information request has highlighted that CQC inspectors are very highly likely to be unqualified or competent to do so because they receive no training in that area.

In effect, if CQC inspectors are not trained etc., how can they properly inspect?

In the video we have covered the following plus much more at the various time points below:

02.01 – Overview of the CQC Report that gave rise to my FOI request

02:40 – The content of my FOI request to CQC

05:12 – CQC’s email reply to my FOI request

07:38 – Health & Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 13

08:26 – Eric’s response

19:32 – Who would be liable if an organisation were advised by a CQC inspector to use a training provider on the BILD Act list. Would it be CQC, BILD or the organisation?

20:40 – Examples of liability, the case of Mr Derek Lovegrove who dies during a restraint at Cedar Vale, post a recommendation by a Health Care Commission inspector that the organisation had to change training provider to one of the (then) BILD PI Training provider list.

25:48 – The issue surrounding the lack of inclusion of pain-complaince, prone and face-down techniques and the BILD/RRN certification scheme.

28:25 – The problems of remaining certain techniques as ’emergency intervention’ or ’emergency escape and rescue techniques’ as opposed to calling a technique what is actually is.

35:18 – The problem with organisations allegedly not-recording certain techniques and staff not being allowed to record properly what has happened to meet the illustrate that they are reducing restraint, when in effect that are not. Is that fraud?

36:00 – Care providers main concerns are cost and compliance. So, if they are being actively signposted to the RRN standards by CQC many will possibly see that as a must have when this is not the case?

42:40 – This is not just a CQC issue. There are similarities with Ofsted and Social Services too.

And for those of you who’d prefer to hear the Podcast ….

You may also be interested in this video that follows on from this one. Just click on the image below to go to the post – 

Check Out Our BTEC Level 3 Restraint Instructor Award Course

And if you want to find out more about our BTEC Level 3 Restraint Instructor Award Course that can be run over five days then you can check it out here – https://www.nfps.info/physical-intervention-trainer-training/

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