WIREDGOV

Care Quality Commission unveils first two initiatives aimed at improving quality and safety of services

CARE QUALITY COMMISSION News Release issued by COI News Distribution Service. 24 October 2008

The Care Quality Commission is today (Friday) publishing two documents which set out how it will:

* drive further improvements in how the NHS deals with healthcare associated infections, such as MRSA

* use its new enforcement powers to improve the quality and safety of health and adult social care services for the people who use them.

The Care Quality Commission is launching a 12-week consultation with a wide variety of stakeholders on how it intends to use its new enforcement powers, together with publishing guidance to NHS trusts about additional requirements for registering with the new Commission in relation to healthcare associated infection (HCAI).

Under the Health and Social Care Act 2008, the Care Quality Commission has a number of new enforcement powers to deal with underperforming services - to inspect and investigate, to issue a statutory warning notice, to issue a financial penalty notice in lieu of prosecution and, in the most serious cases, to prosecute or suspend registration. The use of these powers will focus on HCAI from 1 April 2009. The Act will come fully into force in April 2010, so during 2009/10 the new Commission will use existing enforcement frameworks in relation to other aspects of NHS care, independent healthcare and social care that the Healthcare Commission and the Commission for Social Care Inspection use now.

The Department of Health has just finished consulting on regulations in relation to the NHS and HCAI, which come into force in April 2009. At that time, the Care Quality Commission has been asked to implement a registration system for HCAI for NHS trusts (acute, ambulance, mental health and primary care) and the NHS Blood and Transplant Authority. This means that from April 2009, trusts will be required to register with the Care Quality Commission and comply with the new requirements and regulations under the 2008 Act that require them to protect patients, staff and others from identifiable risks of acquiring a healthcare-associated infection.

Trusts will need to apply for registration with CQC between 12 January and 6 February 2009. CQC will then make registration decisions from 7 March 2009, and enforcement via the new powers will be possible from 1 April 2009. If the Commission takes enforcement action against an NHS provider over HCAI during 2009/10, it will use the powers in the 2008 Act. A wider registration system for all aspects of care across both health and adult social care providers will apply from April 2010.

Section 88 of the 2008 Act requires the Care Quality Commission to consult on and publish guidance on how it will exercise its enforcement powers, including decisions about publication of enforcement action. The draft enforcement policy published today is a high-level consultation document that sets out the principles and describes how the new Commission's enforcement powers may be used. Guidance on the detail of enforcement processes will follow in due course.

Cynthia Bower, Chief Executive of the Care Quality Commission, said:

"We will champion the interests of people who use health and social care services at all times and will work positively and collaboratively with the many providers who are providing quality services. However, we won't hesitate to take action against bad practice to ensure people's safety. Having a good, integrated enforcement policy and ensuring that safety is paramount are two key elements in ensuring that people have a high quality experience.

"While we will be using a common set of principles for enforcement, we completely accept that different approaches are needed in different circumstances: for instance, a large acute hospital is very different from a small domiciliary care service."

She added: "We recognise that there is no magic bullet to meeting the challenge of HCAI. Success will be achieved through a combination of constant vigilance and very hard work. We will use existing information and risk-based inspection to minimise the burden on trusts, especially where they are performing well. But we won't compromise on quality and we won't hesitate to be tough in cases where trusts are letting people down. Our shared aim has to be fewer avoidable deaths and improved quality of care for patients."

ENDS

Notes to Editors:

1. The Care Quality Commission was established by the Health and Social Care Act 2008 to regulate the quality of health and adult social care and look after the interests of people detained under the Mental Health Act.
It will bring together the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission. The Care Quality Commission became a legal entity on 1 October 2008 and takes up its responsibilities for the quality of health and adult social care on 1 April 2009.

2. The consultation period for the draft enforcement policy is 12 weeks, in line with the Cabinet Office code of practice on consultation. Responses are therefore required by 16 January, 2009. Responses should be sent to consultationresponses@cqc.org.uk or using the reply sheet in the consultation document.

3. The Care Quality Commission will be holding a series of events around the country as part of the consultation process. Delegates will also have the opportunity to find out more about
the registration process. To register, go to
http://www.livegroup.co.uk/cqcevents

4. A three-page briefing setting out CQC's enforcement powers is attached.

5. The Care Quality Commission's manifesto, which sets out is vision and values, can be found at http://www.cqc.org.uk

6. The Care Quality Commission Chairman is Barbara Young and the two Commissioners appointed to date are Professor Deirdre Kelly and Dame Jo Williams.

7. For further information, please contact Creina Lilburne on 020 7448 9439, mobile 07941 156 827