This is an HTML version of an attachment to the Freedom of Information request 'Gracewell Healthcare'.


 
Response issued under the Freedom 
of Information Act 2000 
 
 
Our Reference:  CQC IAT 2012 1065 
 
Date of Response:  14 December 2012 
 
Information Requested: 
 
“1. Where you aware that Mr Peter Curtis CEO and Director of Forest 
Healthcare which ran the Ash Court Nursing Home, when Panorama 
uncovered the scandal of systematic abuse of its patients, is now a 
Director of Gracewell Healthcare which run a chain of new Nursing Homes 
across the UK? Their web site is here http://www.gracewell.co.uk/ 

      
They are proposing a Nursing in.. Lane End in Bucks along with a new GP 
Surgery, Pharmacy and industrial units. 

      
2. What extra monitoring of Gracewell Healthcare is the CQC putting in 
place given Ash Court extremely chequered history?” 
 
The Information Access Team has now processed your request and we can 
advise you that we do hold some information that is relevant to your request.   
 
Information Requested: 
 
1. Where you aware that Mr Peter Curtis CEO and Director of Forest 
Healthcare which ran the Ash Court Nursing Home, when Panorama 
uncovered the scandal of systematic abuse of its patients, is now a 
Director of Gracewell Healthcare which run a chain of new Nursing Homes 
across the UK? Their web site is here http://www.gracewell.co.uk/ 
 
The Health and Social Care Act 2008 (HSCA) requires that providers whether 
individuals or legal entities be registered if they are carrying out regulated 
activities.  As the provider in this case was a limited company and not an 
individual, the HSCA required the registration of the legal entity: i.e. the 
company.  In such cases we do not require the names of directors nor do we 
undertake checks on them. 
 
However, any organisation applying to be registered must include details of a 
“nominated individual”.  The Regulations say that the nominated individual must 
be employed as a director, manager or secretary of the organisation with 
responsibility for supervising the management of the regulated activity. The 
provider must be sure of that individual’s ability to fulfil the responsibility of their 
role. 

 
Gracewell Healthcare Ltd is registered for the following regulated activities: 
accommodation for persons who require nursing or personal care, diagnostic and 
screening procedures and treatment of disease, disorder or injury which are 
provided at or from four locations. Not all regulated activities are provided at all 
locations.  
 
The certificate of registration which was issued on 19 July 2012, shows that Mr 
Peter James Curtis is the Nominated Individual for all activities.  
 
There is no requirement for the organisation to provide details of newly appointed 
directors, however if specific concerns were raised we could ask for further 
information.   
      
      

2. What extra monitoring of Gracewell Healthcare is the CQC putting in 
place given Ash Court extremely chequered history? 
 
We are monitoring this provider as part of our regulatory role.  We will monitor 
their compliance using a number of methods: via any information we receive and 
through planned reviews of compliance.  
 
As our inspections are unannounced we are unable to confirm or deny whether 
we will be inspection these services in the near future as providing this 
information may prejudice our ability to carry out our regulatory role.  Please see 
below for a full explanation of this exemption. 
 
CQC currently carries out an unannounced inspection of every care and nursing 
home in England every year – more often if we believe people may be at risk. 
This system of regulation can and does identify poor care which CQC then takes 
action to tackle. 
However, what it cannot do is to identify and stamp out deliberately concealed 
abuse. By its very nature, concealed abuse takes place away from the eyes of 
managers and inspectors and can even take place, as in this case, in a well run 
care home. Abuse of vulnerable people is a criminal matter, and is rightly 
handled by the police and the courts. 
CQC has taken action against a number of providers where a current risk to 
people has been identified. In this case, Ash Court, the risk had been dealt with 
by the removal of the care staff involved by the home. CQC’s role was to make 
sure residents were protected once police and social services had acted to deal 
with the abuse shown in the hidden camera footage. CQC acted quickly and 
appropriately in this regard. 
It is the responsibility of the people who run and work in care homes to make 
sure they meet essential standards of care and to deliver good, safe care. CQC’s 

role is to check this through unannounced inspections and take action where we 
see poor care. Care staff; homes; councils; police and other stakeholders all 
have a part to play in the prevention of elder abuse. CQC also relies heavily on 
information from people who receive care and their families and friends. Anyone 
who sees evidence of abuse should call us and share their concerns. 
You can read out press releases regarding both Ash Court and the Panorama 
programme below: 
 
http://www.cqc.org.uk/media/cqc-statement-panorama 
http://www.cqc.org.uk/public/news/care-home-worker-sentenced 
 
 
Exemptions 
 
Section 31 
 
Under section 31(3) of the Act we can chose to neither confirm nor deny if a date 
has been set for the next compliance review for this provider. 
  
This is because the Commission considers that the ability to conduct 
unannounced visits is important as a way of assessing the quality of services and 
of the care being experienced by people who use those services. Providers are 
aware that CQC may visit and inspect their services at any time and, therefore, of 
the need to constantly maintain standards. As such disclosure of information 
regarding planned inspection dates - including revealing whether or not a date 
has been set for the next visit - may prejudice our regulatory function and would 
therefore be subject to the exemption from disclosure under Section 31(1)g of the 
Act. 
  
In applying Section 31 a public interest test is required.    
  
In conducting this test, I have considered that there is a public interest in knowing 
that the Commission is carrying out its public functions by visiting regulated 
services to ensure their compliance with the regulations, and that disclosure may 
increase confidence in the monitoring of services by CQC.   
  
Against this, I have considered that it is not in the public interest for dates of 
future visits to be made public before they have commenced as this may 
prejudice our function as regulator and affect our ability to determine compliance 
with the regulations.  Prior knowledge of dates of inspections could affect 
the outcome of visits and reviews which could in turn have an effect on services 
received by the general public. 
  
Having considered all of the above factors, it is the Commission’s view that it is in 
the public interest neither to confirm nor deny holding the requested information. 
  
For further information on how compliance reviews are triggered please see the 
link below: 

  
http://www.cqc.org.uk/organisations-we-regulate/registered-services/how-we-
inspect 

 
CQC Complaints Procedure:  
 
I hope that you find this information of assistance. If you are not satisfied with the 
information that you have been provided then you may request a review of the 
Commission’s handling of your information request. Please clearly indicate that 
you wish for a review of your information request and it would be helpful if you 
could state the reason for requesting the review.  
 
Please be aware that this review process will focus upon our handling of your 
information request and should not be used to raise further concerns about the 
provision of care or the internal processes of other CQC functions.   
 
If you are unhappy with other aspects of the Commission's actions, or of the 
actions of registered providers, please see our website for information on how to 
raise a concern or complaint. http://www.cqc.org.uk/contact-us 
 
Internal Review of your Freedom of Information Request: 
 
To request a review please contact:  
 
Legal Services & Information Rights 
Care Quality Commission 
Citygate 
Gallowgate 
Newcastle upon Tyne 
NE1 4PA 
 
xxxxxxxxxxx.xxxxxx@xxx.xxx.xx 
 
Further rights of appeal exist to the Information Commissioner’s Office 
(www.ico.gov.uk) once the internal appeals process has been exhausted.   
 
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SK9 5AF  
 
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