Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-9pm4c Total loading time: 0 Render date: 2024-04-25T07:17:28.444Z Has data issue: false hasContentIssue false

7 - Regulating the quality and safety of long-term care in England

Published online by Cambridge University Press:  05 February 2014

Juliette Malley
Affiliation:
The London School of Economics and Political Science
Jacquetta Holder
Affiliation:
University of Kent
Rachael Dodgson
Affiliation:
Regulatory Design, Care Quality Commission, United Kingdom
Samantha Booth
Affiliation:
Intelligence Directorate, Care Quality Commission, United Kingdom
Vincent Mor
Affiliation:
Brown University, Rhode Island
Tiziana Leone
Affiliation:
London School of Economics and Political Science
Anna Maresso
Affiliation:
London School of Economics and Political Science
Get access

Summary

Introduction

The focus of this chapter is the regulatory system for quality assurance of long-term care in England. Entry of providers to the long-term care market and their continued operation is currently regulated under the Health and Social Care Act 2008 (HSCA 2008), which also established a single health and social care regulator, called the Care Quality Commission (CQC). Although the current regulatory framework is new, the long-term care sector has been regulated since 1927 with the Nursing Homes Registration Act. However, from 1927 until 2000 regulations varied by long-term care provider type. Thus, there were different regulations and regulators for each care home type (homes with or without nursing); community-based services were unregulated; and publicly owned providers in contrast to independently owned providers were subject only to inspection and not required to register. In addition, there were regional variations since locally based inspection units carried out inspections according to locally defined standards (Day and Klein, 1987; Klein, 1997; Peace, 2003). In 2000, passage of the Care Standards Act (CSA) marked a turning point in the regulation of the sector, beginning a phase of consolidation of the regulatory environment and creating a structure that has largely continued to this day. It established an independent national regulator, with powers to register, inspect and enforce national standards in all care homes and home care agencies, irrespective of ownership status, or region of the country.

Type
Chapter
Information
Regulating Long-Term Care Quality
An International Comparison
, pp. 180 - 210
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Adil, M. (2008). Risk-based regulatory system and its effective use in health and social care. The Journal of the Royal Society for the Promotion of Health, 128(4): 196–201.CrossRefGoogle ScholarPubMed
Bardsley, M., Spiegelhalter, D. J., Blunt, I., Chitnis, X., Roberts, A. and Bharania, S. (2009). Using routine intelligence to target inspection of healthcare providers in England. Quality and Safety in Healthcare, 18(3): 189–94.CrossRefGoogle ScholarPubMed
Barnes, J. (2003). Inspecting with Lay Assessors: What Value? What Impact?. London: National Care Standards Commission.Google Scholar
Better Regulation Task Force (2003). Principles of Good Regulation. London: Better Regulation Task Force.Google Scholar
Black, J. and Baldwin, R (2010). Really responsive risk-based regulation. Law and Policy, 32(2): 181–214.CrossRefGoogle Scholar
Braithwaite, J. (2002). Rewards and regulation. Journal of Law and Society, 29(1): 12–26.CrossRefGoogle Scholar
Brindle, D. (2011). Regulator to review care system after Winterbourne View abuse scandal. The Guardian, 7 June 2011.
Care Quality Commission (2010a). The Adult Social Care Market and the Quality of Services: Technical Report. London: CQC.Google Scholar
Care Quality Commission (2010b). Analysis of Consultation on Assessments of Quality in 2010/11. Feedback Report. London: CQC.Google Scholar
Care Quality Commission (2010c). Focused on Better Care: Annual Report and Accounts 2009/10. London: CQC.Google Scholar
Care Quality Commission (2010d). Guidance about Compliance: Essential Standards of Quality and Safety. London: CQC.Google Scholar
Care Quality Commission (2010e). A New System of Registration: How to Register under the Health and Social Care Act 2008. Guidance for New Providers. London: CQC.Google Scholar
Care Quality Commission (2010f). A New System of Registration: How We Use Conditions of Registration for New Providers. Guidance for Providers. London: CQC.Google Scholar
Care Quality Commission (2010g). A New System of Registration: Provider Compliance Assessment: Guidance for Providers. London: CQC.Google Scholar
Care Quality Commission (2010h). A New System of Registration: The Scope of Registration. London: CQC.Google Scholar
Care Quality Commission (2010i). A New System of Registration: Using Evidence of Outcomes to Demonstrate Compliance: Guidance for Providers. London: CQC.Google Scholar
Care Quality Commission (2010j). Our Enforcement Policy. London: CQC.Google Scholar
Care Quality Commission (2011a). A New System of Registration: Regulatory Fees for 2011/12. Guidance for Service Providers. London: CQC.Google Scholar
Care Quality Commission (2011b). The State of Healthcare and Adult Social Care in England: An Overview of Key Themes in Care in 2010/11. London: CQC.Google Scholar
Care Quality Commission (2012). Guidance about Compliance: Judgement Framework and Determining our Regulatory Response. London: CQC.Google Scholar
Comas-Herrera, A., Wittenberg, R. and Pickard, L. (2010). The long road to universalism? Recent developments in the financing of long-term care in England. Social Policy and Administration, 44(4): 375–91.CrossRefGoogle Scholar
Commission for Social Care Inspection (CSCI) (2009a). Annual Report and Accounts 2008–09. London: TSO.Google Scholar
Commission for Social Care Inspection (CSCI) (2009b). CSCI Quality Ratings Market Research Report. London: CSCI.Google Scholar
Cutler, T. and Waine, B. (2003). Advancing public accountability? The social services ‘star’ ratings. Public Money and Management, 23(2): 125–8.CrossRefGoogle Scholar
Darton, R. (2011). Study of care home residents’ and relatives’ expectations and experiences. Kent: PSSRU, University of Kent and the Registered Nursing Home Association.Google Scholar
Day, P. and Klein, R. (1987). The regulation of nursing homes: a comparative perspective. The Milbank Quarterly, 65(3): 303–47.CrossRefGoogle ScholarPubMed
Department of Health (2009). The National Framework for NHS Continuing Healthcare and NHS-Funded Nursing Care. London: DH.Google Scholar
Department of Health (2010a). Liberating the NHS: Report of the Arm’s-Length Bodies Review. London: DH.Google Scholar
Department of Health (2010b). A Vision for Adult Social Care: Capable Communities and Active Citizens. London: DH.Google Scholar
Department of Health (2011). Transparency in Outcomes: a Framework for Quality in Adult Social Care. The 2011/12 Adult Social Care Outcomes Framework. London: DH.Google Scholar
Dunning, J. (2011). Adult care providers face less scrutiny, warns ADASS. Community Care, 14 February 2011. Available at: .Google Scholar
Hancock, R. and Hviid., M. (2010). Buyer power and price discrimination: the case of the UK care homes market. CCP Working Paper 10–17. Norwich: University of East Anglia.Google Scholar
Hood, C., Scott, C., James, O., Jones, G. and Travers, T. (1999). Regulation inside Government: Waste-Watchers, Quality Police, Sleaze-Busters. Oxford University Press.CrossRefGoogle Scholar
House of Commons Health Committee (2011a). Annual Accountability Hearing with the Care Quality Commission. Ninth Report of Session 2010–12. HC 1430. London: TSO.Google Scholar
House of Commons Health Committee (2011b). Regulatory Bodies: Oral Evidence. Dame Jo Williams DBE and Amanda Sherlock. HC 1203-ii. London: TSO.Google Scholar
Humphrey, J. (2003). New Labour and the regulatory reform of social care. Critical Social Policy, 23(1): 5–24.CrossRefGoogle Scholar
Klein, B. (1997). Quality management and quality assurance in Britain and Germany. In Evers, A., Haverinen, R., Leichsenring, K. and Wistow, G. (eds.), Developing Quality in Personal Social Services: Concepts, Cases and Comments. Aldershot: Ashgate, pp. 139–54.Google Scholar
Laing and Buisson (2010). Care of Elderly People UK Market Survey 2010–2011. London: Laing and Buisson.Google Scholar
Laing and Buisson (2011). After the year that CQC has had, how do you see its future role in the sector?Community Care Market News, 17(8): 284–5.Google Scholar
Laing, W. (2008). Calculating a Fair Market Price for Care. A Toolkit for Residential and Nursing Homes. York: Joseph Rowntree Foundation.Google Scholar
LGO (2010). The LGO’s New Role in the Independent Care Sector. Coventry: LGO.Google Scholar
National Audit Office (2011a). The Care Quality Commission: Regulating the Quality and Safety of Health and Adult Social Care. Report by the Comptroller and Auditor General. HC 1665 Session 2010–2012. London: TCO.Google Scholar
National Audit Office (2011b). Oversight of User Choice and Provider Competition in Care Markets. HC 1458 Session 2010–2012. London: TSO.Google Scholar
Netten, A., Beadle-Brown, J., Trukeschitz, B., Towers, A.-M., Welch, E., Forder, J., Smith, J. and Alden, E. (2010). Measuring the Outcomes of Care Homes: Final Report. PSSRU Discussion paper 2696/2. Canterbury: PSSRU.Google Scholar
Office for National Statistics (2007). 2006-based Principal Population Projections, England. London: ONS.Google Scholar
Office for National Statistics (2011). 2010 Mid Year Population Estimates. London: ONS.Google Scholar
Office of Fair Trading (2011). Evaluating the Impact of the 2005 OFT Study into Care Homes for Older People. London: Office of Fair Trading.Google Scholar
Peace, S. (2003). The development of residential and nursing home care in the UK. In Katz, J. and Peace, S. (eds.), End of Life in Care Homes: A Palliative Approach. Oxford: Open University Press, pp. 15–42.CrossRefGoogle Scholar
Pitt, V. (2010a). Anger over CQC decision to end star ratings. Community Care, 21 May 2010. Available at: .
Pitt, V. (2010b). Star ratings end for English care providers. Community Care, 19 May 2010. Available at: .
Pitt, V. (2011). Four arrested after panorama exposes disability abuse. Community Care, 1 June 2011. Available at: .
Price Waterhouse Coopers (2010). Fair Care Crisis? An Independent Survey of Social Care Providers for the Elderly. London: PWC.Google Scholar
Price Waterhouse Coopers (2011). Understanding Commissioning Behaviours. Commissioning and Competition in the Public Sector. London: Office of Fair Trading.Google Scholar
Simmill-Binning, C., Clough, R. and Paylor, I. (2007). The use of lay assessors. British Journal of Social Work, 37: 1353–70.CrossRefGoogle Scholar
Spiegelhalter, D. J., Sherlaw-Johnson, C., Bardsley, M., Blunt, I., Wood, C. and Grigg, O. (2012). Statistical methods for healthcare regulation: Rating, screening and surveillance. Journal of the Royal Statistical Society A, 175(1): 1–25.CrossRefGoogle Scholar
The Health and Social Care Information Centre (2011). Community care Statistics 2009–10: Social Services Activity Report, England. Leeds: The Health and Social Care Information Centre.Google Scholar
United Kingdom Homecare Association (2006). A Fair Price for Care. A UKHCA Position Statement. Maintaining the Capacity of the Independent Homecare Sector. London: UKHCA Ltd.Google Scholar
Which? (2011). Care homes investigated. London: Which? 19 April 2011. Available at: .
Wittenberg, R., Hu, B., Hancock, R., Morciano, M., Comas-Herrera, A., Malley, J. and King, D. (2011). Projections of Demand for and Costs of Social Care for Older People in England, 2010 to 2030, under Current and Alternative Funding Systems. Report of Research for the Commission on Funding of Care and Support. PSSRU Discussion Paper 2811/2. London: PSSRU, London School of Economics and Political Science.Google Scholar
Wright, F. (2005). Lay assessors and care home inspections: is there a future?British Journal of Social Work, 35: 1093–1106.CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×