A provider with seven care homes faced challenges when one of its homes received an "Inadequate" rating from the CQC, placing it in special measures for the second time in several years. While six of the homes were rated as "Good," the persistently poor rating of the seventh home prompted the CQC to issue a Notice of Proposal to cancel its registration.
The provider had initially engaged a specialist care consultancy to address these issues, but their efforts proved ineffective. Following the second "Inadequate" rating, the provider sought the expertise of a new, highly skilled care consultancy with a proven track record. This consultancy introduced the provider to Errol Archer and his team.
Following an initial strategy meeting, it was evident that the management needed strengthening and that continuous improvements were necessary. We prepared a robust and persuasive appeal, working closely with the management team and the care consultancy. The appeal was supported by extensive evidence, while the consultancy and staff continued implementing an improvement programme acknowledged by the local authority's contracts management team.
Faced with strong and convincing evidence, the CQC was persuaded to pause enforcement action and agree to a ‘stay’ of the tribunal appeal proceedings. This allowed the provider to continue implementing improvements while building additional evidence to support their case.
During the ‘stay’ of proceedings, the CQC re-inspected the home, moving it out of special measures and upgrading its rating to "Requires Improvement." The CQC agreed to a consent order to cease enforcement action, effectively ending the appeal. The CQC then began to work cooperatively with the home, which, alongside the other homes in the group, went from strength to strength.
However, the provider believed the home should have been rated as "Good" rather than "Requires Improvement," given the extensive improvements noted in the inspection report. Errol and his team agreed and issued a ‘letter before claim’ to the CQC, threatening judicial review if the ratings were not reconsidered. After weeks of negotiation, the CQC re-evaluated the ratings, resulting in the home being rated as "Good" in all key areas and an overall rating of "Good."
Challenge Inaccurate Assertions: Do not accept claims that a home cannot move from an "Inadequate" rating to "Good" at the next inspection. CQC inspectors must follow the evidence, and if it indicates a good service, it must be rated as such.
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