Regulatory powers

D. Speers made this Freedom of Information request to Care Quality Commission

The request was partially successful.

From: D. Speers

10 September 2009

Dear Sir or Madam,

What are CQC's regulatory powers regarding:

1)enforcement of recommendations made to Trusts in Investigation
Reports?

2)overseeing any recommendations made by the CQC's predecessor, The
Healthcare Commission, which were made made in upheld complaints?

Yours faithfully,

D. Speers

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From: Lok, Kim
Care Quality Commission

10 September 2009

Dear Ms Speers,

Thank you for your email below which the Commission received on the same date.

We will respond as soon as possible but in any event within 20 working days following the date of receipt of your request. You can therefore expect a reply by 8 October 2009.

Regards

Kim Lok
Information Governance Manager
Secretariat - Information Governance Team
Care Quality Commission
Finsbury Tower
103-105 Bunhill Row
London
EC1Y 8TG

Email: [email address]
Direct Tel: 020 7448 1765
Internal Tel: 3815

Statutory requests for information made pursuant to access to information legislation, such as the Data Protection Act 1998 and the Freedom of Information Act 2000, should be sent to: [Care Quality Commission request email]

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From: Coxon, Pamela
Care Quality Commission

23 September 2009

Dear D Speers

Thank you for your email dated 10th September 2009 in which you made a
request for information in accordance with the Freedom of Information Act
2000.

The Information Governance Team has now processed your request and I am
pleased to provide you with the information that the commission holds as
outlined below.

You requested:

What are CQC's regulatory powers regarding:

1) enforcement of recommendations made to Trusts in Investigation
Reports?

The Care Quality Commission does not have powers to enforce
recommendations made in investigation reports, nor did the Healthcare
Commission. From next April, NHS trusts will be registered against a
wider range of requirements, not just HCAI, so we will have a broader base
on which to take enforcement action - but the point remains: this is a
power to take enforcement action against registration requirements set out
in regulations, not against recommendations set out in investigation
reports. There may be cases where there is an overlap, but even so it is
not the recommendation that we enforce.

2) overseeing any recommendations made by the CQC's predecessor, The
Healthcare Commission, which were made in upheld complaints?

On 1st April 2009, the complaints function previously contained within the
Healthcare Commission, passed to the Health Service Ombudsman and was not
inherited by CQC. We therefore have no continuing jurisdiction in
relation to complaints.

If you are not satisfied with this response you may request an internal
review of the Commission's decision. Please contact:

The Information Governance Team

Care Quality Commission

Finsbury Tower

103-105 Bunhill Row

London

EC1Y 8TG

Alternatively, you may complain via email to:

[email address].

Please clearly indicate that you wish for an internal review. There is no
charge for making an appeal.

Further rights of appeal exits to the Information Commissioner's Office
([1]www.ico.gov.uk) once the internal appeals process has been exhausted.

The contact details are:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

If you have any queries please do not hesitate to contact me.

Yours sincerely

Pamela Coxon
Business Services Senior Administrator
Secretariat - Information Governance Team
Care Quality Commission
St Nicholas Building
St Nicholas Street
Newcastle upon Tyne
NE1 1NB

Tel: 0191 233 3552
Fax: 01484 770 014
E-mail: [2][email address]

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D. Speers left an annotation (24 September 2009)

Is it just me who is confused by this?
On September 1st Copied from PHSO decision letter

“On balance, given the work being done by the CQC to bring about the improvements you are seeking at the Trust and given their regulatory powers to enforce their recommendations, we have decided that they are better placed to deliver the outcomes you are seeking and ensure the Trust’s compliance with their recommendations. It is on that basis that we have decided not to investigate your complaint “

Copied from an FOI Question to CQC:
“CQC does not have regulatory enforcement powers to require a trust to comply with recommendations that arise from an investigation. The Strategic Health Authority is the performance management body for an NHS body which is not an Foundation Trust. Monitor is the performance management body for Foundation Trusts. CQC will usually work with the relevant performance management body to ensure that progress is made against the recommendations. In circumstances where a trust was clearly failing to achieve improvement then CQC could investigate the circumstances and when publishing the report consider whether the report raises anything on which it ought to give advice to the Secretary of State.”

So who is responsible for what?

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Things to do with this request

Anyone:
Care Quality Commission only: