When inquests trigger CQC scrutiny
In a recent case, our client was contacted by an inspector from the CQC’s Specific Incident Progression Team in relation to a service user who died at our client’s service. The inspector sought specific information relating to the Coroner’s findings at the inquest and our client needed to understand the regulatory and enforcement risks quickly. Although the CQC said that it did not have, “reasonable grounds to suspect that any registered person has committed an offence” it requested information so it could consider whether to close the matter or commence a further investigation. For providers, this is a critical stage as the CQC is essentially carrying out a fishing expedition to determine whether the matter should be handed over to the CQC’s prosecution team.
Why this matters for health and social care providers
The CQC’s website contains guidance titled ‘How CQC interacts with Coroners’ (page last updated 27 August 2024) which states that Coronial investigations including final inquest hearings, “…can yield extremely valuable evidence and information” which the CQC then uses to discharge its regulatory functions. In other words, an inquest is not only a coronial process, it can also become a significant source of regulatory risk for providers. Sometimes the CQC plays a highly active role in inquest proceedings and is granted “Interested Person” status by the Coroner (which means that it has the right to actively participate in the proceedings) but not always.
The case we refer to serves as a reminder that even when the CQC does not have “Interested Person” status and does not appear to be playing an active role in inquest proceedings, it may still be actively monitoring the Coroner’s findings. The CQC may then use those findings as evidence for any civil and/or criminal enforcement action. Providers need to approach inquests strategically, with a clear understanding of how evidence given at an inquest may impact on later dealings with the regulator. If your organisation is facing an inquest, seeking legal advice at an early stage can make a material difference to the outcome. Our team at RWK Goodman can help providers prepare for the inquest and reduce the risk of regulatory escalation.
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The Health & Social Care team at RWK Goodman is a recognised market leader, with in-depth knowledge and experience in the social care sector. Based across London, Thames Valley and the South West, our team of lawyers are fully immersed in social care, which enables us to cut to the heart of urgent matters quickly, and help you plan for what may lie ahead.
Our aim is to get to know your business and become the strategic advisors you trust to provide insightful, pragmatic solutions. Our clients include nursing and residential homes, hospices, homecare agencies, supported living, specialist colleges and children’s services and our advice covers many areas.
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