With the first successful prosecution of a Nottingham care home for Corporate Manslaughter ending in thousands of pounds of fines for the care home itself and prison sentences for both its Director (3 years 2 months) and the Manager (1 year, suspended for 2 years), it has never been more important for directors, responsible persons and managers of care homes to ensure that they do everything to minimise the risks of them finding themselves in a similar situation one day. The situation at the Nottingham care home did not develop overnight – the home had neglected to take appropriate steps to ensure the health and safety of its residents for a long time and had not done anything to deal with the decline in standards.
Looking for the right people to advise you on corporate compliance and health & safety in your care homes?
London Registrars specialises in providing governance and compliance support to a wide variety of organisations, be it to small companies or listed PLCs. If you are struggling to come to grips with the ever increasing compliance requirements applying to care homes, we can lighten the burden for you and guide you through the maze of Health & Safety, Companies Act, and other related legislation, and ensure that the paperwork and audit trails against which the care homes are inspected and judged, are up to date and that any weaknesses arising out of these are addressed and rectified promptly.
The Care Quality Commission
As you will already know, following recent criticism and bad press, the Care Quality Commission (‘the CQC’) has tightened its inspection regime, and inspections are now carried out in-depth and not always at times when standards are highest. The CQC expect all regulated providers to comply with their new Fundamental Standards to ensure that the services delivered by care homes are safe, effective, caring, responsive and well-led.
Although the Registered Manager is responsible for the general quality of care provided by the individual care home, the Directors and the Responsible Person remain ultimately liable for providing the oversight and leadership in good governance and compliance in accordance with the Companies Act 2006. This, together with the other statutes and regulations imposed by other Acts, can impact heavily on the effective management of care homes. It is therefore imperative that there is awareness of these legislations and that they are translated into workable processes with hand-holding where necessary, and supported by the appropriate paperwork and audit trail. Most importantly, these processes and practices will need to be monitored on an ongoing basis.
It is important for all those in control of care homes to understand the implications of the changes introduced as a result of the MoU signed between the CQC, the HSE and LA (which came into effect on 1 April 2015), as a result of which the CQC will be the lead inspection and enforcement body who will deal with health and safety incidents (while the HSE and LA will exercise similar powers for service providers not registered with the CQC).
Why choose London Registrars as your adviser for governance and compliance?
The team which developed and delivers our compliance package for care homes each have over 10 years’ experience of working in and providing advice to the sector as well as being highly qualified in the fields of health and safety, employment law and corporate governance.
London Registrars will lighten the load by assessing, briefing, training and putting all these laws into a plan for your care home which will be delivered as a combined package by annual subscription and contain elements of general corporate compliance, H&S, and Employment Issues. Because not all care homes have the same specific requirements, we would tailor our support package for your preferences in respect of health & safety and employment support so that you get the help in the areas where this is most needed within your particular set-up. The package will be reviewed regularly and can be tweaked to ensure it is adapted if your needs change.
Although the limited liability concept provides comfort to those who manage a company, directors are ultimately responsible for their own actions, their employees and the care home. At London Registrars we have the necessary skills and experience to guide you through the myriad of legislation and regulations to ensure there will be no unpleasant surprises. We are in the hand-holding business – we won’t fob you off with fact sheets and pages of legislation: we will give you down to earth and practical advice via the H&S and employment professionals we work with. Our prices for the package start from £1,000 plus VAT per month.
The basic package includes:
- Employment advice on various levels (by various methods, some on site, others by phone, email or skype), from the initial contract of employment through to dealing with disciplinary matters
- Health & Safety advice including risk assessment with report and follow-up action requirements on site, chairing H&S Committee and liaising either in person or by skype, phone, email, etc; preparing minutes of H&S Committee meetings and ensuring follow-up actions are carried out
- General Companies Act compliance including managing and attending board meetings and dealing with all the statutory filings etc
Don’t wait for the next inspection, take action now, and contact us for an informal discussion of your specific requirements. Just call 020 7608 0011 or email [email protected]