Can the CQC investigate individual cases?

The request was successful.

Dear Care Quality Commission,

I formally request the following information under the Freedom of Information Act 2000.

1. Does the CQC have the jurisdiction to investigate individual cases that have exhausted the NHS complaint procedures, following which, the complainant has supportive evidence of an NHS and/or Ombudsman cover up?

2. If the answer to 1 above is yes,

(a) What can the CQC investigate in these circumstances? and

(b) What action can the CQC take if the allegation of cover up is substantiated?

3. If the answer to 1 above is no,

(a) Does the CQC have the jurisdiction to appoint and/or work in conjunction with any other NHS organisation to investigate an individual case such as the one described above? If so, please name these NHS organisations? and

(b) Does the CQC have the jurisdiction to appoint an independent person or persons and/or organisation, with no association with the NHS, to investigate an individual case such as the one described above?

I look forward to your response.

Yours faithfully,

Will Powell

Information Access, Care Quality Commission

This request is being coordinated by: Paul Douglas, Telephone No: 0191 233
3505

 

Dear Mr Powell

 

We thank you for writing to CQC and we acknowledge your correspondence
dated 22 August 2014, where you asked to be provided with information.

 

Your request is as follows:

 

“I formally request the following information under the Freedom of
Information Act 2000.

 

1. Does the CQC have the jurisdiction to investigate individual cases that
have exhausted the NHS complaint procedures, following which, the
complainant has supportive evidence of an NHS and/or Ombudsman cover up?

 

2. If the answer to 1 above is yes,

 

(a) What can the CQC investigate in these circumstances? And

 

(b) What action can the CQC take if the allegation of cover up is
substantiated?

 

3. If the answer to 1 above is no,

 

(a) Does the CQC have the jurisdiction to appoint and/or work in
conjunction with any other NHS organisation to investigate an individual
case such as the one described above? If so, please name these NHS
organisations? And

 

(b) Does the CQC have the jurisdiction to appoint an independent person or
persons and/or organisation, with no association with the NHS, to
investigate an individual case such as the one described above?”

 

We can confirm that your request is now being processed in accordance with
the Freedom of Information Act 2000 (FOIA).

 

CQC will endeavour to respond to you as soon as possible, but must legally
do so within 20 working days from the date of receipt of your request as
required by FOIA.

 

You can therefore expect a response from CQC by no later than the close of
business 22 September 2014.

 

If CQC are unable to provide the information by the statutory deadline, we
will inform you before the deadline.

 

If you have any queries please do not hesitate to contact the team, on the
telephone number provided, quoting our reference number.

 

Regards

 

On behalf of:

Paul Douglas

Information Access Officer

 

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

Statutory requests for information made under access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to:  [1][CQC request email]

 

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References

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1. mailto:[CQC request email]

Information Access, Care Quality Commission

1 Attachment

Our Ref: CQC IAT 1415 0404

 

Dear Mr Powell

 

I write in response to your correspondence dated 22 August in which you
made a request for information in accordance with the Freedom of
Information Act 2000 (FOIA).

 

A copy of CQC’s response to your request is attached.

  

Kind regards

 

Paul Douglas
Information Access Officer
Legal Services & Information Rights

Customer & Corporate Services Directorate

Care Quality Commission
Citygate

Gallowgate
Newcastle upon Tyne
NE1 4PA

Telephone: 0191 233 3505
Internal: 333505
Fax: 03000 200 240

 

The Care Quality Commission is the independent regulator of health and
adult social care services in England. [1]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [2][email address].

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [3][CQC request email]

 

show quoted sections

References

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1. http://www.cqc.org.uk/
2. mailto:[email address]
3. mailto:[CQC request email]

Dear Mr Douglas,

Thank you for your response to my FOI request of today's date.

Yours sincerely,

Will Powell

E. Colville left an annotation ()

Thank you for asking this FOI question Mr Powell.
I feel very confused as Section 48 of Health and Social Care Act seems to allow CQC Individual investigation but there does not appear to be a method for holding anyone to account!
Am I misreading this?

E. Colville left an annotation ()

BTW all my annotations come up with wrong name! Its D.Speers here

Boris Campbell left an annotation ()

The CQC reply states that ' we would not normally investigate individual incidents or individual complaints. However, it is possible for CQC to consider an individual case as a part of a
'thematically' focused review or investigation.
I just wonder what is the CQC's definition of 'thematically'.
Also, it states that 'the ability of other bodies to look into an individual case would be a relevant fact for CQC, for broader context for the decision to establish a CQC review or investigation...
I just wonder what would CQC think if they learned of the Local Government Ombudsman's approach to 'individual complaints', as often suggested to individuals by local authorities to make, rather than contact the CQC. I am at present, April 2015, pursuing the matter. If I get anything of relevance, I will post it here.

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