The CQC’s Coronavirus Conundrum 

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On 4 March 2020, the Care Quality Commission (“CQC”) confirmed they would continue to inspect services in light of the COVID-19 outbreak but were taking a pragmatic and flexible approach.As of time of writing (13 March), the government has not issued any further advice regarding whether care homes should close their doors to external visitors.

Following the latest emergency government meeting on 12 March, it was announced that the country would enter the ‘delay’ phase of the government plan. While there has been no ban on mass gatherings, current advice is to keep two metres from vulnerable relatives. Conducting CQC inspections and allowing inspectors to travel between care homes, catering for the particularly vulnerable, is an obvious opportunity for contamination, exposing people to unnecessary risk.

Martin Green, Chief Executive of Care England, says “We need very clear guidance from the Department of Health and NHS. We have been asking for this repeatedly.” Care England has published a list of 27 questions requiring answers, with the first being “Should care homes close their doors to all non-essential visitors?” In the absence of direction, care home proprietors are now electing to limit visitors, with many providers choosing to prevent all non-essential visits unless there is an emergency. Former Health Secretary Jeremy Hunt told BBC Newsnight that he was “personally surprised that we’re still allowing external visits to care homes”.

The CQC exist to protect the public and service users, however, continuing inspections whilst care homes are in ‘lock-down’ increases the risk to many vulnerable people. It is expected that the CQC will adapt in line with guidance from the government, but a number of health bodies are already calling for change. The NHS Confederation has urged the CQC to suspend planned inspections so the NHS can focus on containing the spread of COVID-19. GP leaders have also called on the BMA’s General Practitioners Committee in England to negotiate changes to protect GP practices, including the suspension of CQC requirements, such as appraisals and CQC inspections. This week, a CQC inspection at a hospital in Nuneaton was postponed due to a patient being treated for COVID-19 but is this sufficient action?

If your health, social care or education organisation requires advice in relation to this fast-moving outbreak, please contact us. We are monitoring the situation daily and our team are on-hand to assist with your regulatory queries.

Professional Discipline and Regulatory Team: Rachel Cooper, Natasha Ricioppo, Sara Ellis, Katie Clarke (nee Henderson), Sophie Mahon.