Care providers urged to be proactive to ensure compliance

Care providers are being urged to ensure compliance with their regulatory and legal obligations following a rise in CQC prosecutions.

Data released by law firm Shakespeare Martineau shows the watchdog is prosecuting care homes and registered providers more than ever before in its 15-year history.

When comparing 2009-2013 and 2019-2023, prosecutions by CQC, which was established in 2009 to regulate and inspect health and social care providers in England, grew by 700%, from 11 cases to 88. They more than trebled when compared with the five years spanning 2014-2018, when there were 25 cases.

Fines levied by the regulator have also risen. Between 2009 and 2013, prosecuted care homes and registered providers were fined £650,973. However, in the five years leading up to 2023, the figure rose to more than £10.6m.

‘The significant increase in prosecutions reflects a growing emphasis on accountability in the care sector, while the substantial fines imposed illustrate the severe financial consequences of failing to meet regulatory requirements,’ said Jordan Glackin, healthcare partner at Shakespeare Martineau.

‘As the CQC is using its powers more than ever, we strongly urge care providers to take proactive measures to ensure compliance with their regulatory and legal obligations; keep detailed and accurate records; stay up-to-date with any legal or policy changes; and seek specialist legal advice at the earliest opportunity.’

The analysis also examined the impact of the pandemic on the CQC’s regulatory actions. Comparing pre-pandemic years (2018 and 2019) to the pandemic period (2020 and 2021), prosecutions grew 63%. This trend continued post-pandemic (2022 and 2023), with them rising by an additional 22%.

Correspondingly, fines paid rose from £922,115 pre-pandemic to £4.9m during Covid-19, further increasing to £5.1m in the post-pandemic period.

CQC virtually stopped all inspections – except in emergencies – during Covid-19, which resulted in a backlog.

‘With more catching up likely to be done and the sector being placed firmly under a microscope during the pandemic, particularly in the eyes of the public, we expect this activity to increase further – especially as some cases have taken more than three years to be brought forward,’ said Glackin.