Data is to be provided monthly with the aim of supporting high-quality commissioning, system assurance and the management of risks at local, regional and national level. The requirement to provide data came into force on 31 July 2022 and applies to all adult social care providers regulated by the Care Quality Commission (CQC).
The DHSC has now set out its enforcement provisions under the Adult Social Care Information (Enforcement) Regulations 2022, which came into effect on 1 December 2022. This allows the Secretary of State to impose financial penalties. A lead-in time has been allowed, and the DHSC do not anticipate issuing any notices prior to April 2023. Providers should ensure they are complying before the grace period ends.
What are the financial penalties?
It is confirmed that the level of fine will be the same as a provider’s CQC registration fee. This will range from £313 to £15,710 depending on the size of the service.
It is intended that financial penalties will be the last resort and only imposed when a provider continues to be, or is persistently, in breach of their data obligations after it has been provided with guidance and support from the NHS Business Services Authority. Providers are more likely to be fined if they do not share data at all, or if they share false or misleading data.
What is the enforcement process?
Action can be taken against any private provider of adult social care, regulated by CQC, which, without reasonable excuse, fails to submit the data required via the Capacity Tracker. The enforcement process will take four steps: