Questions regarding Inspections on Quantum Care, Care Homes

Waiting for an internal review by Care Quality Commission of their handling of this request.

Dear Care Quality Commission,

Anson Court
Beane River View
Belmont View
Bushey Heath (Heath House)
Courtland Lodge
Dukeminister Court
Elizabeth House
Elmhurst
Fossehouse
Garden City Court
Greenacres
Jubilee Court
Mayfair Lodge
Meresworth
Moutbatten Lodge
pinewood lodge
providence court
Richard Cox House
The mead
Trefoil House
Tye Green Lodge
Vesta Lodge
Willows Court

I am requesting under the freedom of information Act the following

1/ On an inspection to any of the provider Quantum Care does CQC inform the care homes they run of the inspections dates conducted by CQC?

2/ Are all Quantum Care homes named above permitted to charge for medication and inconvenience pads?

3/ What are the legal requirements of a Registered Home Manager to be in Regulation with CQC regulations? through skills for care is a NVQ level 4 in Health and Social care sufficient to run a whole care home successfully?

4/ All Documents of all Quantum Care Registered Home Managers are required through the freedom of information legislation as to show all Registered Home Managers are correctly Qualified to fulfil their role as running a care home of vulnerable adults.

5/ All Quantum Care documents on safeguarding issues since 2010 to present?

6/ Is their a ratio of 1 carer to 5 Residents? does CQC have a legislation on this please would you explain.

7/ Does Quantum Care all care homes have sufficient numbers of carers on a night shift/Day Shift in all care homes? if so what is the number by the dependency tools by Quantum Care records and CQC requirements do they match?
A/ for example 85 Residents how many carers are a requirement on day shift?
B/ for example 85 Residents how many carers are required on a nights shift ?
C/ for example 61 Residents how many carers are required on a day shift and night shift?

8/ February 2018 their was a safeguarding issue at Belmont View care Home the Resident was not supplied risk assessments or NHS physiotherapy that resulted in the Resident getting sepsis and dying is this documented with CQC? if so can this be provided with the redaction of the Resident and family member.

9/ Does CQC inspect all care homes have fire risk assessments? if so how does CQC ensure all care homes above have fire risk assessments? Documentations required.

10/ Does CQC check all employees carers at the above care homes are 50% qualified in individual care home NVQ Level 2/3 Health and Social Care as to have 50% experienced carers in the all the above care homes how does CQC inspect this? percentage of all care homes above that hold these qualifications is required.

11/ In an CQC inspection does CQC monitor falls of Residents? is so please provide the number of fall in all the above care homes from 2010 to present with the relevant dates?

12/ How many falls of a Resident would alert CQC of a problem in one year can you supply the number of falls that would then raise alarm to CQC in 3 months, 6 months and a year all all the above care homes?

13/ Does and How CQC monitor all care homes above employees to administer medication has the correct training of the side effects of all tablets? if so what training is conducted and what should be conducted for safety of the Residents?

14/ Why does CQC place a incorrect email address as [email address] why does this address not work that is supplied on CQC website for the members of the public to raise concerns of safety to Residents? What is your valid email email address?

15/ Under the National Minimum Standards (standard 27) What are all care homes above DOH guidance Staff/ Resident ratio?

16/ How many complaints have been made about all the above care homes from 2010 to present with dates of all homes concerns?

17/ What is the average fees a care home can charge for a privately funded Resident that is living wth Dementia in Hertfordshire and Bedfordshire and Essex?

18/ What are the prices all care homes of the above are charging to Residents? and if this is the correct prices please demonstrate this as to see no over charging of Residents at any of the above care homes?

19/ Does all care homes of the above have liability insurance? if so is this documented and displayed for all to see? This information is required as to certify all care homes are legally insured in respect of death, injury,public liability, damage or other loss.

20/ Has their been any allegations of misconduct or gross misconduct by the registered persons of all care homes since 2010 to present reported to CQC? or any person that works at any of these care homes above?

21/ Has theft, burglary or accidents happened in all care homes named above? and the documentation on these reports to CQC information is required from 2010 to present?
A/ How many reports of all of these to the Individual homes example
Elmhurst Care Home - 2010 had 1 theft of a resident that was reported to CQC date ---------
Providence Care Home - 2010 had 0 thefts 10 accidents as follows date ------

22/ Who many break outs of D and V and chest infections or diseases have been reported about all care homes above 2010 to present?

23/ How many reports of neglect of residents have been reported to CQC of all care homes above since 2010 to present with dates of the reports included with redactions if needed.

24/ What is CQC retention number of years of data of a Resident and providers information to be held on file?

25/ Has all care Homes supplied a dentist that is dementia trained through the NHS as to provide free oral health care to all residents?

26/ Are all the above care Homes boilers checked yearly?

27/ Has any reports of gas leaks from all care homes since 2010 to present with dates been reported to CQC?

Yours faithfully,

Sam Stone

Information Access, Care Quality Commission

Dear Sam Stone

 

I write to acknowledge your correspondence dated 6 October 2020, in which
you requested recorded information from the Care Quality Commission (CQC).

 

You requested:

 

Anson Court
Beane River View
Belmont View
Bushey Heath (Heath House)
Courtland Lodge
Dukeminister Court
Elizabeth House
Elmhurst
Fossehouse
Garden City Court
Greenacres
Jubilee Court
Mayfair Lodge
Meresworth
Moutbatten Lodge
pinewood lodge
providence court
Richard Cox House
The mead
Trefoil House
Tye Green Lodge
Vesta Lodge
Willows Court

I am requesting under the freedom of information Act the following

1/ On an inspection to any of the provider Quantum Care does CQC inform
the care homes they run of the inspections dates conducted by CQC?

2/ Are all Quantum Care homes named above permitted to charge for
medication and inconvenience pads?

3/  What are the legal requirements of a Registered Home Manager to be in
Regulation with CQC regulations? through skills for care is a NVQ level 4
in Health and Social care sufficient to run a whole care home
successfully?

4/ All Documents of all Quantum Care Registered Home Managers are required
through the freedom of information legislation as to show all Registered
Home Managers are correctly Qualified to fulfil their role as running a
care home of vulnerable adults.

5/ All Quantum Care documents on safeguarding issues since 2010 to
present?

6/  Is their a ratio of 1 carer to 5 Residents? does CQC have a
legislation on this please would you explain.

7/ Does Quantum Care all care homes have sufficient numbers of carers on a
night shift/Day Shift in all care homes? if so what is the number by the
dependency tools by Quantum Care records and CQC requirements do they
match?
A/  for example 85 Residents how many carers are a requirement on day
shift?
B/ for example 85 Residents how many carers are required on a nights shift
?
C/  for example 61 Residents how many carers are required on a day shift
and night shift?

8/ February 2018 their was a safeguarding issue at Belmont View care Home
the Resident was not supplied risk assessments or NHS physiotherapy that
resulted in the Resident getting sepsis and dying is this documented with
CQC? if so can this be provided with the redaction of the Resident and
family member.

9/ Does CQC inspect all care homes have fire risk assessments? if so how
does CQC ensure all care homes above have fire risk assessments?
Documentations required.

10/ Does CQC check all employees carers at the above care homes are 50%
qualified in individual care home NVQ Level 2/3 Health and Social Care as
to have 50% experienced carers in the all the above care homes how does
CQC inspect this? percentage of all care homes above that hold these
qualifications is required.

11/ In an CQC inspection does CQC monitor falls of Residents? is so please
provide the number of fall in all the above care homes from 2010 to
present with the relevant dates?

12/ How many falls of a Resident would alert CQC of a problem in one year
can you supply the number of falls that would then raise alarm to CQC in 3
months, 6 months and a year all all the above care homes?

13/ Does and How CQC monitor all care homes above employees to administer
medication has the correct training of the side effects of all tablets? if
so what training is conducted and what should be conducted for safety of
the Residents?

14/ Why does CQC place a incorrect email address as [email address] why
does this address not work that is supplied on CQC website for the members
of the public to raise concerns of safety to Residents? What is your valid
email email address?

15/ Under the National Minimum Standards (standard 27) What are all care
homes above DOH guidance Staff/ Resident ratio?

16/ How many complaints have been made about all the above care homes from
2010 to present with dates of all homes concerns?

17/ What is the average fees a care home can charge for a privately funded
Resident that is living wth Dementia in Hertfordshire and Bedfordshire and
Essex?

18/ What are the prices all care homes of the above are charging to
Residents? and if this is the correct prices please demonstrate this as to
see no over charging of Residents at any of the above care homes?

19/ Does all care homes of the above have liability insurance? if so is
this documented and displayed for all to see? This information is required
as to certify  all care homes are legally insured in respect of death,
injury,public liability, damage or other loss.

20/ Has their been any allegations of misconduct or gross misconduct by
the registered persons of all care homes since 2010 to present reported to
CQC? or any person that works at any of these care homes above?

21/ Has theft, burglary or accidents  happened in all care homes named
above? and the documentation on these reports to CQC information is
required from 2010 to present?
A/ How many reports of all of these to the Individual homes example
Elmhurst Care Home - 2010 had 1 theft of a resident that was reported to
CQC date

show quoted sections

Information Access, Care Quality Commission

1 Attachment

28 October 2020

 

Ref CQC IAT 2021 0425

 

Dear Sam Stone

 

We write in response to your correspondence dated 6 October 2020, in which
you requested recorded information from the Care Quality Commission (CQC).

 

The Information Access team has coordinated your response in accordance
with the Freedom of Information Act 2000 (FOIA).

 

Please see our response to your request attached.  This explains why we
are refusing to provide information in response to your request, and how
you may challenge our decision if you are unhappy with it.

 

CQC will always endeavour to provide high quality responses to requests
for information and seek to be as helpful as possible. We would therefore
appreciate if you can take some time to complete our online feedback form
by visiting the following link:

 

[1]https://surveys.cqc.org.uk/InformationAc...

 

Any information you provide will be held securely and only used for the
purposes of improving the Information Rights service that CQC provides.

 

Yours sincerely

 

Information Access team

Governance and Legal Services

 

Care Quality Commission

Citygate

Gallowgate

Newcastle Upon Tyne

NE1 4PA

 

03000 616161

 

 

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

Personal data is processed in accordance with the General Data Protection
Regulation (GDPR) and relevant data protection law. Information on the
processing of personal data by CQC can be found at:
[4]http://www.cqc.org.uk/about-us/our-polic...

Statutory requests for information made under access to information
legislation such as the GDPR and the Freedom of Information Act 2000
should be sent to: [5][CQC request email].

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://surveys.cqc.org.uk/informationac...
https://surveys.cqc.org.uk/InformationAc...
2. http://www.cqc.org.uk/
3. mailto:[email address]
4. http://www.cqc.org.uk/about-us/our-polic...
5. mailto:[CQC request email]

Dear Information Access,

I am writing to the Care Quality Commissioner (CQC) as of CQC using section 12(1) of the FOIA 2000/2004 CQC have also refused to make a public disclosure without placing a "refusal notice" in writing with a full explanation for the applicant(myself) to understand the the exempts made surrounding the FOIA about fire safety of all care homes and regulations under the Health and Social Care Act 2008 Regulations that CQC have enforcement of these as a primary Regulator of all care providers including Quantum Care Limited. CQC Regulations and legislation will be further on in this letter to CQC under the FOIA 2000 legislation.

Question 1/ This Question has not been allocated a legislation to allow no disclosure to the public and the applicant under the FOIA 2000

Question 2/ Was regarding incontience pads that CQC have refused to answer this Question of why Quantum Care are charging Residents over costs for these free incontience pads on assessments with the local GP's as an assessment by the NHS.

Questions 3/ asked by Sam Stone Does not cost money to answer this question under the FOIA 2000

Question 4/ Documents to see all Care Homes run by Quantum Care Limited Registered Home Managers are legally fit and qualified with documentation as to see all Care Homes run by Quantum Care Limited are compliant to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 Regulation 7 under CQC enforcement as a Regulator would be able to disclose all Registered Home Managers at Quantum Care Limited hold the relevant Qualifications as to be able to deal with the job and responsibilities of running a whole care home efficiently.

Question 5/ made by Sam Stone - Under the FOIA 2000 section 65,66 is historical records that would be on archives records I requested any safeguarding concerns of Residents at Quantum Care Limited Care Homes all 26/32 Care Homes that CQC stated 900 complaints of safeguarding around Quantum Care Care Homes - which was also cleverly placed by CQC as to make out they have a pile of safeguarding issues of 900 of all Care Homes all over the country that would be to low for all care homes in England - also provides CQC are not organising Safeguarding Complaints correctly as to be resolved this should be electronically placed on files under Quantum care Limited when CQC need to act on omissions of failure.

Question 6/ made by Sam Stone asked of CQC Regulations under the safety of Residents and Carers as a ratio or dependency tool as to place that a Carer ratio is 1 to 5 Residents that CQC refuses to answer under the Iassac and Nevielle Dependancy tool or explain this answer as to justify the safety of Residents - Quantum Care Limited night staff are allocated 1 carer to 15 Residents at one of their care homes that requires improvements that a CQC inspector stated in writing that Quantum Care are to look at their dependency tools (this is under Regulation 12 of CQC legislation of safe care and treatment if carer is placed with 15 Residents this is dangerous) falls of Residents happen more at night within care homes and one carer can not cope with this situation.

Question 7/ made by Mr Sam Stone - CQC the primary regulator of Quantum care Limited is refusing to disclose how many carers would be safe to have with 61 residents, 85 Residents this is a no cost answer under section 12(1) of the FOIA 2000/2004 and a Regulator would be able to disclose this as a FOIA 2000 this is to be placed in the refusal notice that CQC are to produce as refusing to answer any request as using exemption 12 of the FOIA then by the FOIA a "notice of refusal" is required with facts of not answering this request.

Question 8/ made by Sam stone - This was a safeguarding complaint made by a family member in February 2018 - A family member complained on facebook Quantum Care reviews of his mother being let down and neglected by Quantum Care care home Belmont view in hoddesdon she fell out of bed and broke her hip then was placed back into bed for several hours before going to hospital to establish she had a broken hip to have a operation the operation was successful but no physiotherapy to prevent damage as the hip with a professional physiotherapy then this Resident got sepsis and died not long after. CQC are using a default as a refusal notice to disclose documentation that would be of public interest. A broken/fractured hip is a care home conducting negligence if not reported to the correct authorities and CQC are the primary Regulator for all Residents safety that need to answer if they were aware of this as one of there 900 safeguarding concerns they have received about Quantum Care in ten years.

Question 9/ CQC are refusing to Answer Question 9 that is about Quantum care Homes being fire audited and monitored as to provide health and safety to all Residents that are in Quantum Care Care Homes - with documentation as to see this as a public disclosure requirement by a primary Regulator that the public tax payers pay CQC to operate an efficient Regulatory body.

Under the health and social care act 2008 (Regulated Activities) Regulation 2014; Regulation 15 and 12 (CQC own legislation) - Safe Care and treatment.

25th August 2020 Anna lemmer a Solicitor placed that CQC emailed Care Providers “make sure your building is safe from fire”
“CQC takes the issue of fire safety extremely seriously, CQC is able to use a range of civil and criminal santions to prosecute if they are in breach of regulations”

I have been informed by a follower that Belmont View Care Home inspected the care home in Hoddesdon not long after the Fire and Rescue Service wrote to the registered person as of breaching Fire Safety legislation in 2017 CQC inspected Belmont View and this was not highlighted within the report - This has not been supplied by CQC with documents to prove CQC have monitored Care Homes are fully compliant to fire safety Belmont View Care Home documents from 2017 - to date have not been allowed to be disclosed to the public this is CQC taking Fire Safety seriously? No that is just a for show statement. And a breach of Regulation 12,15 of CQC own legislation.

May 2020 CQC failed to provide ministers the correct Covid -19 death tolls at care homes as to alert that care homes death rates are - the government to act to prevent Residents dying and help the care providers.

Does CQC check all care homes run by Quantum Care PEEPS of all Residents is correctly written out by the Registered Managers?

Fire risk assessments are a legal requirement that CQC are refusing to disclose to the public that Belmont View Care Home in 2017 had unfit for fire doors and a loft and no fire risk assessments that CQC in 2019 rated the care home as “outstanding” when no documentation has been disclosed as to rectify this serious issue with paperwork.

I have photos of Residents doors that are unfit to prevent a fire that I have requested an internal review with the Fire and Rescue Service as they also do not wish to disclose this about one of Quantum Care Run Home (Belmont View). a detailed reason for not disclosing fire regulation safety of a Care Home needs to be declared as to prevent CQC being liable for any mishaps in the future.

“you may challenge our decision” in which I do Challenge your decision as I am vexed a primary Regulator is unable to disclose simple standard questions without any answers this is disturbing of a Regulator that is placed by taxpayers to Regulate and protect Residents under the Mental Health Capacity Act 2005.

10/ Sam Stone asked of the percentage of Carers being Qualified under the National minimum Standards - this question is very simple to answer each care home run by Quantum Care Limited would have a percentage of how many Carers are fully Qualified at every care home that CQC on inspections would have reviewed this and should have this on file under a retention protocol CQC refused to place a percentage under section 12 (1) costs - This is CQC own Regulations 18 Set out by CQC
“ensure that providers deploy enough qualified,competent and experienced staff to enable them to meet all other Regulatory requirements”
But refused to answer Question 10 of my FOIA 2000 that is a legislation.

Question 11/ Falls of Residents does CQC monitor this? The number of falls in all Quantum Care Homes has been refused also by CQC under section 12 (1) FOIA 2000/2004 this is a a free request just to provide the number of falls in each Care Home that Quantum Care run. Since 2012 - to present.

Question 12/ Sam Stone asked CQC how many falls of a Resident in a care home would raise a safeguarding issue and be investigated? CQC refused to answer this under section 12 (1) FOIA 2000/2004 - This question is a free answer that requires a number of Residents falls that would see an issue of negligence of a Care Home. CQC are the Regulator that would hold all this in documents electronically filed under Quantum Care Homes Residents falls (notifications Regulation) CQC have also been asked about fraud and corruption by another What do they know inquiry under the FOIA 2000 CQC have had 20 CQC staff allegations of fraud and corruption and close relationships with the care providers in three years.

Question 13/ What Medication training an employee carer working at all Quantum Care Homes should be provided by Quantum Care to allow safe adminitering of Residents medication? Are Carers trained to spot an side effects of the medication they are administering to Residents? CQC refused to answer this with using exemption 12(1) FOIA 2000/2004 and a refusal notice to not answer any of the public disclosure under the Public disclosure Act CQC need to explain in writing and a breakdown to each question there reasons to refuse all of the FOIA Sam Stone submitted.

Issue 5; under CQC own legislation - safe management of medicines. By not disclosing a public interest concern.

Question 14/ On CQC website the email address is not functional of public enquires as the email address does not deliver to CQC. CQC refused to answer this (try for your self and see that your email will not deliver) CQC are in need of answering this question as the public have a right to place enquires to CQC your email address is to be looked at why has CQC not done this? The public could be enquiring how to raise safeguarding issues/ whistleblowing/ negligence/ abuse mentally and physically/ financial abuse even sexual abuse of Residents.

CQC wait until panorama come to start investigating this is CQC standards which is very sad to say but is unfortunately true. Maybe these numerous people that email CQC think CQC are not doing anything but there email has not even delivered as CQC advertise the wrong email address.

Question 15/ Under the National minimum standards (Standards 27) what are all care homes run under Quantum Care Homes DOH guidance staff to Residents ratio? CQC refused to answer this free simple question that CQC have no ratio of legislation to maintain a Resident can be 15 Residents to one carer is this correct? This is dangerous to Residents and carers and will force more falls of residents and accidents that could lead to a femoral neck fracture (broken hip) of a Resident and the carer could be blamed as CQC have no regulations under Regulation 12 - safe care and treatment.

Question 16/ CQC have disclosed 900 safeguarding issue about Quantum Care in 10 years that is 90 Residents every year that CQC are aware of safeguarding issues under section 12 (1) FOIA acct 2000/2004 CQC refused to provide these documents without placing a refusal notice in writing by asking of a narrowing down of the request ie less years this request would not take over 18 hours to produce as would be electronically on file at CQC database. CQC are in need of explaining why they have not disclosed 900 Quantum Care safeguarding issues that also could of included Health and Social Ombudsman is this correct?

Question 17/ Care Fees that are being charged by Quantum Care to Residents that have Dementia under the mental Capacity Act 2005 - Care Quality commission (registration) Regulation 2009; Regulation 19 - states CQC have legislation to prosecute any Care Home that is wrongfully charging Residents over the amount any provider should not do. CQC are to monitor if Quantum Care are over charging Residents but CQC refused under section 12(1) as of costs to answer this question. CQC are to answer what is a fair weekly charge lawfully for a Care Home a week in Hertfordshire/essex and bedfordshire to be allowed to charge?

Question 18/ same as above

Question 19/Quantum Care having liability insurance is a legal requirement and also is under CQC requirements Health and Social care Act 2008 (Regulated Activities) Regulations 2014 (Part 3) also Care Quality Commission (Regulation) Regulations 2009 Regulation 13 - A Care Providers financial position - Which is a FOIA request by which is does Quantum Care Homes have liability insurance that covers Residents and Employees at all the Care Homes. CQC are refusing under section 12(1) FOIA to not disclose if Quantum Care have this legal requirement or they do not?

Question 20/ under the FOIA I asked of all or any allegations of any misconduct or gross misconduct by any of Quantum Care Registered by CQC Registered Persons (Home Managers) had conducted any misconduct from 2010 - present - CQC refused to answer this question under section 12(1) FOIA Act 2000/2004. CQC under their own Regulations 7 - of supplying documents that confirm suitability to be a Home Manager of Residents under the Mental Capacity Act 2005 have refused to disclose a public interest disclosure as to prevent what I am unsure without any legislation to do this.

Question 21/ No examples of safeguarding Residents concerns have beeen disclosed or does CQC not hold this information on their files? If not why do they not?

Any thefts at any of Quantum Care Care homes - not answered refused to answer by CQC why?

Burglaries of any of Quantum Care Homes Documents not supplied - CQC refused under section 12(1) FOIA 2000/2004 as of costs to CQC.

Accidents in any of Quantum Care Care Homes Documents not supplied - CQC refused under section 12(1) FOIA Act 2000/2004 - this would be electronically filed that would not take hours to produce just a click of a few buttons.

Question 22/ How many outbreaks of diarrhoea and sickness and chest infections/diseases have been reported to CQC from 2010 - present in all Quantum Care Homes. Under Care Quality Commission (Registration) Regulations 2009 Regulation 18 -

“Providers (Quantum Care) must notify CQC of all incidents that affect the health, safety and welfare”
“ All providers (Quantum Care) must send their notifications directly to CQC unless the provider is a Health Service Body, Local Authority or provider of primary medical services” Are Quantum Care any of the above? CQC have made quotation that CQC only hold some information so then CQC are not monitoring Quantum Care as they do not hold the information why is this? Under Section 1 (1) of the FOIA Act 2000 this is a local Authority is to disclose information to the public of information but CQC are failing to do this by granting a refusal notice without placing the refusal notice as to not answer any of the FOIA Act 2000 CQC are to place their reasons for not disclosing documents and answers to this whole FOIA Act 2000”

Question 23/ CQC have placed 900 safeguarding files about Quantum Care care homes from 2010 - present that is 90 Residents a year that have been raised to CQC of safeguarding issues about Quantum care care homes. That CQC have refused to disclose these safeguarding documents as of section 12(1) FOIA Act 2000 (Cost to the CQC) without serving a refusal notice with a detailed explanation in writing to myself as this is under the public Interest disclosure Act that is under section 1(1) allowing the public information of the FOIA Act 2000/2004.

Question 24/ What is CQC retention policies the number of years they keep records of data about Residents well being and safety on records and Care Providers information (Quantum Care Limited) to be held on file for? CQC refused to answer this question as of using Section 12 (1) (costs to answer this free question)

Question 25/ Residents at Quantum Care are their Dentist supplied under the NHS (free oral care) and are the dentist Dementia trained? As Quantum Care Care Homes have 80% - 90% Dementia Residents.

Question 26/ Are Quantum Care Care Homes Boilers checked once yearly? Carbon monoxide is a silent gas that can be lethal to Residents if Boilers are not checked - CQC used section 12(1) FOIA Act 2000 and a refusal notice without the written refusal notice in writing of this free question to answer under CQC own Regulations and legislation CQC are responsible to access all Care Homes safety of the Care homes are checked with the correct Boiler checks/fire safety/ electrical tests/ pat test/ fire doors are suitable for a fire approved by the Fire and Rescue Service in paperwork and Quantum Care own Health and Safety Fire Marshals - CQC are not willing to provide any disclosure to the public without placing there public interest test.

Question 27/ CQC have refused to answer this Question “Has Quantum Care care homes since 2010 - to present been reported to CQC”

CQC quotation
“A FOI is described as a “applicant blind” meaning it is a disclosure into the public domain, not to any one individual”
The Freedom of information is a public disclosure and should be accessed into the public domain, not to any one individual but to the public as Residents families are entitled to access any safeguarding issues about Quantum Care Care Homes as a public government authority would be inclined to disclose these with documents or detail with legislation to each Question why CQC can not answer each Question.

“the public Authority must justify refusing the information” CQC just used section 12(1) and a refusal notice this is not an answer to not disclose “some of the information CQC hold” also why “some” CQC are the primary Authority Regulator.
CQC refusing the whole of Sam Stone Freedom of information Request (FOIA) under part II of the FOIA Act 2000 which would require a refusal notice in writing fully explaining why CQC are placing a refusal notice this is needed by the FOIA Act 2000 legislation.

CQC I would Request that you answer why you quoted to my request this as an answer to a disclosure to the public

“ disclosure should be the default - in other words, information should be kept private only when there is a good reason and is permitted by FOIA”

Fire risk assessments/safeguarding of residents/ Home Managers suitability to run care homes/ gas boilers being checked/ Electric and pat tests being monitored/ Carers ratio to Residents/ 900 safeguarding issues about Quantum Care that is 90 Residents under safeguarding a year reported to CQC/ Outbreaks of D and V in Care Homes and diseases/ Theft to residents in care homes/ Sepsis of a resident that required physiotherapy in a care home in Belmont View Care Home that ended in wrongful death/ New grange Care Home two Residents died in 2017 of an electrical fire that CQC and the Fire and Rescue Service are liable to check the safety of Residents in care homes under the mental capacity act 2005 and the human rights act CQC just an email to care homes to tell providers to “make sure your building is safe from fire” is not professional of a regulator that is purposely and solely recruited to act in the Residents best interests and as a commissioner can CQC explain why this is not the way they see this in the same light?

Can CQC explain in detail why all the above is a default - and I really understand what a default is. Also why there is no good reason for a primary government tax payers run Authority reasons that CQC see no good reason to disclose Documents about Quantum Care Limited as a Company why?

Schedule 1 of the Health and Social Care Act 2008 states:

“It is the Duty of the commission to carry out its functions effectively, efficiently and economically”

Effectively - How are CQC acting effectively? By not answering very simple questions CQC refused by using “would be harmful to another person or would be against the public interest” By what means? A public interest test would need to be used in order to use this comment from CQC.

Efficiently - In away that achieves maximum wasted effort or expense - In a well and competent way - This Request has not been handled in a competent manner unless CQC can explain they have been regarding this request about Residents Documents to safeguard residents.

4 (4) Freedom of information and data protection (appropriate limit and fees) Regulations 2004.

Was used by CQC to not disclose documents without placing this in legislation terms can CQC explain why their records about Quantum Care Limited are not electronically filed and why data is not ready and filled correctly in accordance to a FOIA Act 2000?

Section 1 of the FOIA Act 2000 - Is the general right of access to information held by public Authorities. CQC are the public Authorities that are refusing the right to access information held about Quantum Care Limited being the public tax payers Authorities why legislation is required to this by CQC?

Section 8 - CQC have not complied to FOIA Act 2000

Section 13 - This legislation is used by CQC as to refuse public disclosure without this legislation to each and every question example being Question 1 - under the FOIA 2000 12(1) the costs of this would amount to ****** pounds and under the section ****** FOIA Act 2000.

Section 16 - Under this section CQC and any Authorities has a duty to provide guidance and assistance to a freedom of information request that CQC have not applied at all.

Section 17 - Of the FOIA Act 2000 would be the section CQC have used to refuse the FOIA request.

Section 21 - of the FOIA Act 2000 is the provide Information accessible to the applicant (Sam Stone) by other means. CQC have not applied this section just refused to disclose anything without serving a refusal notice in writing a detailed explanation that is needed.

Section 22 of the FOIA Act 2000 CQC have refused these documents and information in relation of Quantum Care Care Homes for further publication .

Section 30 of the FOIA Act 2000 CQC have their own legislation that is of all notification of any safeguarding of care homes Residents as of being a primary Regulator including Quantum Care Company that is a large care Company.

CQC have stated in the response that Quantum Care care Homes in ten years has had 900 safeguarding concerns (what concerns?) that is 90 Residents a year that is very high and this would be all in one file and very easy to disclose that CQC are refusing to do this under section 12(1) of the FOIA Act 2000/2004 without producing any documentation or asking the applicant (Sam Stone) to narrow down with examples just placed a comment to refuse the whole request without a reasonable well formed reason to not disclose safeguarding of residents at Quantum Care Care Homes into the public domain why is CQC doing this? an answer is needed as CQC are the Regulator of Quantum Care.

Section 38 under the FOIA act 2000 - CQC under this section have refused to answer any of the FOIA without a clear reason to not answer even free questions of safety of Residents by care homes having a legal ratio of 5 Residents to one Carer at all times 24 hours a day 365 days a year why is CQC not answering this question? Very vexing of a Regulator CQC not disclosing what is a legal requirement of a care home and a health and safety issue if a care home has no ration then Residents are unsafe as CQC have not disclosed the ratio or Quantum Care Dependency tools as to allow Quantum Care Care Homes to always be fully staffed with the 50% Qualified staff levels this would then lead to Quantum Care percentage being under the care home laws in place for all care homes that CQC on all inspections would check this or has CQC checked this with paper work?

Section 65 and 66 of the FOIA Act 2000 - historical records were requested to CQC that CQC used section 12(1) FOIA Act (Costs) as the reason to not disclose historical documents. CQC stated the disclosure could harm one person which person would this be?

Section 76 of the FOIA Act 2000 Is that CQC can disclose Information on any safeguarding issues between Commissioner and ombudsman from 2010 - present of the 900 safeguarding concerns raised relating to Quantum Care Care Homes Residents complaints raised.

Section 85 of the FOIA 2000 - Relates to expenses that CQC used under section 12(1) not section 85 or section 10 as applying the costs would go over £450 that the cost limit would be £600 as CQC are a large Authority CQC are to supply a more detailed explanation and breakdowns of the costs that would exempt the FOIA request and be dealt with under a narrow down of documents and answers that can be provided by CQC to Sam Stone under the FOIA Act 2000 and a refusal notice in writing to each question not being dealt with by CQC is also in need of being supplied by CQC.

In accordance with section 1(1) of the FOIA CQC have confirmed they hold “some” of the information in accordance with this section and the matter but how much is some? Why does CQC only hold some of these documents?

CQC have used the statements in wording that relate to section 26 of the FOIA Act 2000 by seeing this Freedom o information request placed by Sam Stone causing prejudice to “whom” and to “what”? I am unsure of why documents that relate to all Quantum Care care Homes Employees and Residents safety and fire inspections documents would be prejudice just good practice to deal with the public disclose test that CQC have not at all why?

Section 36 (3) of the FOIA Act 2000 CQC used this in the written letter as the disclosure could be breaching a law what law is this CQC? What information does CQC have relating to Quantum Care that would be a breach of law to disclose this to all Residents family members and the public CQC are as needed to supply the reason this has been stated in writing.

CQC did not provide any answers to any thing apart from Quantum Care had 900 safeguarding complaints in ten years without disclosing the documents.

Section (1) FOIA - “a public Authority which, in relation to any request for information, is to any extent relying on a claim of part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must with section 1(1) give the applicant a notice which -

(a)states the fact
(b)Specifies the exemption in question, and
(c)States (if that would not otherwise be apparent) why the exemption applies.
CQC have not provided this notice in writing under the FOIA legislation.

Section 16 of the FOI - Section 45 code of practice states:

“Where an Authority (CQC) is not obliged to comply as could exceed the “appropriate limit” (I.e cost threshold) the Authority should consider providing an indication of what, information could be provided within the cost ceiling. The Authority should consider advising the applicant (myself) that by reforming or re-focusing my request, information may be able to be supplied for a lower, or no fee”

The Public Authority (CQC) has not evidenced that its existing software is unable to do the job which is a freedom of information (FOIA) request. CQC have made a general assumption that all records need to be researched and that CQC only hold “some” of the information regarding the regulation of Quantum Care care homes. If however this takes longer to find and search for these documents that only provides the appropriate Authorities records are poorly organised as not filed and stored correctly in accordance with the data protection legislation. This means the public Authority being CQC needs to address any records management issues in accordance with section 46 of this Act. Also why CQC only hold “some” information about a Care provider being Quantum Care Limited? CQC should hold all information regarding the care provider Quantum Care Limited. Under Section 16 FOIA Act 2000 - Is to provide advice and assistance - CQC needs to apply this section into my request that is a FOIA and meets the public disclosure test instead of using a “refusal notice” without the correct procedures under the correct legislation a “refusal notice explanation” in writing that has not been followed by CQC.

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Dear Sam Stone

 

I acknowledge receipt of your correspondence dated 18 November 2020 in
which you asked us to review our response to your request for information.

 

Your original request for information was received on 6 October 2020 and
was responded to on 28 October 2020.

 

Your review requested:

 

“I am writing to the Care Quality Commissioner (CQC) as of CQC using
section 12(1) of the FOIA 2000/2004 CQC have also refused to make a public
disclosure without placing a "refusal notice" in writing with a full
explanation for the applicant(myself) to understand the the exempts made
surrounding the FOIA about fire safety of all care homes and regulations
under the Health and Social Care Act 2008 Regulations that CQC have
enforcement of these as a primary Regulator of all care  providers
including Quantum Care Limited. CQC Regulations and legislation will be
further on in this letter to CQC under the FOIA 2000 legislation.”

 

We will review our response to your request in accordance with our
internal review procedure for requests made under information legislation.

 

We endeavour to respond to internal reviews within 20 working days but
cannot always do so. You can therefore expect a response by close of
business 16 December 2020.

 

We will write to you if we are unable to meet this deadline.

 

Regards

 

On behalf of:

Information Access Team

Regulatory Customer & Corporate Operations 

 

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

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]

 

Personal data is processed in accordance with the General Data Protection
Regulation (GDPR) and relevant data protection law. Information on the
processing of personal data by CQC can be found at
[3]www.cqc.org.uk/about-us/our-policies/privacy-statement

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 2018, GDPR and the Freedom of
Information Act 2000 should be sent to: [4][CQC request email]

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. http://www.cqc.org.uk/
2. mailto:[email address]
3. http://www.cqc.org.uk/about-us/our-polic...
4. mailto:[CQC request email]

Information Access, Care Quality Commission

1 Attachment

Dear Mr Stone

 

Please find attached our response to your request for an Internal Review.

 

I hope this is of assistance to you.

 

Kind regards

 

Acting Senior Information Access Officer

Information Access Team

Governance and Legal Services

Customer & Corporate Services Directorate

Care Quality Commission

 

Email: [1][CQC request email]

 

show quoted sections

Dear Information Access,

I have received your response from I am unsure as there is no name to this letter, CQC have stated they only hold some information without explaining why a Care and health Regulator would not hold all information relating to Quantum Care Limited care homes why has this been stated by CQC?

How many documents can CQC disclose about Residents safeguarding reported to CQC by Quantum Care out of the 900 safeguarding in ten years relating to allegations of serious safeguarding issues of Residents whilst under duty of candour of Quantum Care? 100 documents 200 ------ this needed to be explained under the section 12 of the FOIA Act 2000 by CQC.

These are CQC own quotes "having considered this information I partially uphold your complaint" by what means?

CQC have also stated they do not hold information on Residents in care home correct fees so then CQC have no regulations to enforce a Resident is not financially abused by a provider is this what CQC are openly saying? This is a public interest as CQC are the main Regulator to Quantum Care if it is down to the provider then they can charge what ever they like that is what CQC are claiming in this letter in PDF above.

Regulations for providers and Managers is not documented if all Quantum Care Registered Managers are fully qualified this would be documented with easy access for a public interest and the trust of all Residents families to be in one of Quantum Care Homes with a competent Home Manager that is fit for purpose - if they are not qualified they are not fit for purpose- CQC decides to use section 12 for no answer - this is CQC own Regulations as a Regulator under section 7.

Regulation 18 (1) Relating to staffing by CQC standards and Regulations is not applicable to CQC just the provider Quantum Care can decide what it charges Residents and their families is this what CQC are saying as not holding any information - Regulation 12 safe care and treatment if Quantum Care are allowing one carer to 15 Residents on a night shift does this meet standards of this Regulation of CQC? CQC avoided this simple Question of safety to the Resident and Carer of a dependancy tool and a ration of 1 carer to 5 residents still unsure why you are being vague on this question? Is this ok with CQC to allow 1 carer to 15 Residents or is this the providers Quantum Care choice?

Regulation 13 - Liability Insurance - CQC state " CQC may ask to view this document but CQC have no copies of this document" Liability insurance is a law and CQC should have a copy of all Quantum Care Liability insurance
If required for serious reasons why does CQC not have copies of a lawful document?

No name has been provided to CQC response to hold accountability for the letter in PDF above and the letter I have copied and pasted.

Yours sincerely,

Sam Stone

14 December 2020
[email address]
Dear Sam Stone
Our Ref: CQC IAT 2021 0425
I write in response to your correspondence dated 18 October 2020 in which you asked us to review our response to your request for information.
Your original request was received on the 6 October 2020 and was responded to on the 28 October 2020
You review requested:
“I am writing to the Care Quality Commissioner (CQC) as of CQC using section 12(1) of the FOIA 2000/2004 CQC have also refused to make a public disclosure without placing a "refusal notice" in writing with a full explanation for the applicant(myself) to understand the the exempts made surrounding the FOIA about fire safety of all care homes and regulations under the Health and Social Care Act 2008 Regulations that CQC have enforcement of these as a primary Regulator of all care providers including Quantum Care Limited. CQC Regulations and legislation will be further on in this letter to CQC under the FOIA 2000 legislation.”
Your request has been processed in accordance with our internal review procedure for requests made under information legislation.
Your internal review stated that CQC refused to disclose the requested information without properly completing a refusal notice explaining why we could not provide the information.
I can confirm that we issued a refusal notice on the 28 October 2020. The refusal notice included the exemption set out at section 12 of the FOIA, this exemption relates to the cost of compliance with the request. This exemption was fully explained in the response and meets the requirements of the Freedom of Information Act 2000 (FOIA).
Where section 12 is engaged, a public authority does not have to answer any part of a request.
Care Quality Commission Citygate
Gallowgate
Newcastle upon Tyne NE1 4PA
Telephone: 03000 616 161
[email address]
www.cqc.org.uk
As noted in our response, we would have to conduct manual searches on upwards of 900 documents in order to locate, extract and retrieve the requested information for question 5 alone. Questions 4 and 9 would also require extensive manual searches. These searches would far exceed the cost limit set out in the Act.
FOIA section 16 places a requirement on public authorities to provide advice and assistance. I find that our response did provide you with some advice, directing you to our website, however further advice could have been provided to direct you to particular areas of the website and advise how to refine your request for information. This is provided below.
Our response to the review:
• Having consider this information, I partially uphold your complaint. Information publicly available on our website:
Further to our response, I can provide some more specific links to our website that you may find of assistance:
Regulations for service providers and managers
The National Minimum Standards ceased to be used when the Care Standards Act 2000 was replaced by the Health and Social Care Act 2018 (Regulated Activities) Regulations 2014 and fundamental standards, which can be found here:
https://www.cqc.org.uk/guidance-provider... enforcement/regulations-service-providers-managers
Links to related legislation:
https://www.cqc.org.uk/guidance-provider... enforcement/regulations-service-providers-managers-relevant
Enforcing safety – roles and responsibilities of CQC and HSE
https://www.cqc.org.uk/guidance-provider... enforcement/mythbusters-enforcing-safety-%E2%80%93-roles- responsibilities-cqc#myth-1
Fees charged by care homes
CQC do not routinely hold this data.
Inspection frequency:
CQC inspections can happen at any time. You can find out the standard timescale for inspections here:

https://www.cqc.org.uk/guidance-provider... inspect-adult-social-care-services
And our Coronavirus Pandemic transitional arrangements here:
https://www.cqc.org.uk/guidance-provider... regulate/transitional-monitoring-approach-what-expect
Regulations for providers and managers:
You can find the regulations for service providers and managers here:
https://www.cqc.org.uk/guidance-provider... enforcement/regulations-service-providers-managers
Regulation 7: Requirements relating to registered managers
https://www.cqc.org.uk/guidance-provider... enforcement/regulation-7-requirements-relating-registered-managers
Staffing
CQC regulations and legislation does not stipulate the staff/carer ratio, this should be based on the needs of the service user, by the provider.
Please refer to Regulation 18 (1) relating to staffing:
https://www.cqc.org.uk/guidance-provider... enforcement/regulation-18-staffing#guidance
Medication
Please refer to Regulation 12: Safe Care and Treatment
https://www.cqc.org.uk/guidance-provider... enforcement/regulation-12-safe-care-treatment#guidance
Liability Insurance
Please see the link to Care Quality Commission (Registration) Regulations 2009: Regulation 13:
https://www.cqc.org.uk/guidance-provider... enforcement/regulation-13-financial-position#guidance
During an inspection, CQC inspectors may ask to view this document, but we do not routinely take copies of them.
CQC records retentions
The retention period depends on the type of record. For example:
• Call recordings (incoming telephone calls from providers/general public) - 6 months.

• Inspection records – 6 months after the inspection report is published
• Inspection reports – permanent record
CQC Email address:
The email address on our website is correct: [email address] as can be seen at:
https://www.cqc.org.uk/contact-us
How to refine your request for information
Where a request is refused under section 12 a public authority is required to provide advice and assistance to the applicant.
Along side the links provided above, you may also wish to make a new request for a more limited set of information.
We may be able to consider a new request for statistical information relation to the following statutory notifications.
We could provide numbers of statutory notifications for the following:
• Police involvement in an incident
• Serious injury to a person using the service
• Allegations of abuse (safeguarding)
However, we would be unable to identify particular instances, such as falls or thefts, without conducting extensive manual searches (which would engage the section 12 exemption).
If you wish to make a request for this information, please let us know what timeframe you wish the information to cover.
We could also consider a new request for statistical information on how many enquiries we have logged as whistleblowing or information of concern.
Any new request would still be subject to the relevant exemptions set out in FOIA.
Please let us know if you wish to make a new request for this information.
Further rights of appeal
Following the completion of your review further rights of appeal exist to the Information Commissioner’s Office under section 50 of the Freedom of Information Act 2000.
The contact details are:
Information Commissioner's Office Wycliffe House
Water Lane

Wilmslow SK9 5AF
Telephone: 0303 123 1113 Website: www.ico.org.uk
Yours sincerely
Acting Senior Information Access Officer The Information Access Team

Information Access, Care Quality Commission

Dear Mr Stone

 

Thank you for your further email.

 

How many documents can CQC disclose about Residents safeguarding reported
to CQC by Quantum Care out of the 900 safeguarding in ten years relating
to allegations of serious safeguarding issues of Residents whilst under
duty of candour of Quantum Care? 100 documents 200 ------ this needed to
be explained under the section 12 of the FOIA Act 2000 by CQC.

 

We estimate that it would take at least 3 minutes to locate, retrieve and
extract each record relating to question 5 and a further 10 minutes to
consider each document for disclosure and apply any exemptions.   

 

For example, if we were to extract 360 documents we estimate it would take
18 hours and not engaged section 12, the cost exemption.  However, we
would then need to consider each document for disclosure and apply any
necessary redactions (e.g. for confidential or personal information).   We
estimate it would take approximately 10 minutes per document for this
process, which would add a further 60 hours to the total. This would then
engage the exemption set out at section 14 of the Act, and the request
would be refused due to the excessive burden this would place on our
limited resources. 

 

However, if you were able to limit your request to 80 documents this would
take an estimated 4 hours to extract and an estimated 13.3 hours to
consider the documents for disclosure.  This would be under the 18 hours
cost limit and be unlikely to engage the section 14 exemption for burden.

 

Please tell us how you would like to select those 80 documents.  For
example, you could ask for the most recent examples from each of the
listed locations, or a random selection over the period in question.  Or
you could focus on one location.

 

These are CQC own quotes "having considered this information I partially
uphold your complaint" by what means?

 

This means, as explained in our email dated 14 December, that we consider
the exemption set out at section 12 was correctly applied to your request
because the volume of data requested would take longer than 18 hours to
locate, extract and retrieve.  However, we found that that further advice
and assistance should have been provided in accordance with section 16 of
the Act, and this was provided in our internal review response

 

If you remain unhappy with how the Information Access Team has processed
your request in accordance with the FOIA, you have further rights of
appeal to the ICO, as explained in our email dated 14 December.

 

The remaining issues you have raised about CQC regulation and policies are
beyond the remit of the Information Access Team.  Our role is to
coordinate requests for information in accordance with the Freedom of
Information Act 2000, General Data Protection Regulations (GDPR) and Data
Protection Act 2018.  We cannot address concerns with how CQC conducts
itself or regulates registered services and we would suggest that you
raise any such concerns via our [1][email address]  mailbox.

 

We hope this information is of assistance to you.

 

Kind regards

 

Acting Senior Information Access Officer

Information Access Team

Governance and Legal Services

Customer & Corporate Services Directorate

Care Quality Commission

 

Email: [2][CQC request email]

 

show quoted sections

Dear Information Access,

I have read your email and I would request the 80 documents of all safeguarding reports to CQC regarding Quantum Care Homes as to narrow this request down the Care Homes I ask under are -

- Garden City Court
- Heath House
- Providence Court
- Elmhurst
- Tye Green Lodge
- Belmont View

These reports are requested of all safeguarding being reported to CQC for injuries/ head injuries and any abuse to Residents and staff shortages in the documents. Also all investigations conducted by CQC about Quantum Care Residents also medical errors and documents of investigations into the safeguarding- And D and V and infections break out in any of these homes in the dates I have provided below.

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December 2015/

January 2016/ April 2016/ May 2016
May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016 November 2016/ December 2016/

January 2017/ February 2017/ March 2017/ April 2017/ May 2017/ July 2017/ August 2017/ September 2017/ October 2017/ December 2017/

January 2018/ February 2018/ March 2018/ April 2018/ June 2018/July 2018/August 2018 /September 2018/ October 2018/ November 2018/December 2018/

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/ July 2019/ September 2019/ October 2019/ November 2019

6th August 2019 CQC inspected Elmhurst care home and published a report 21st August 2019 the report contained a medicine error by a carer to a Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is there any documentation of this being a safeguarding issue by CQC to safeguard the Resident that received the wrong medication?

Can CQC explain what will be redacted from these safeguarding Reports as to make this clear and transparent.

I appreciate your time and effort.

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Our Ref: CQC IAT 2021 0662

 

Dear Mr Stone

 

I acknowledge receipt of your correspondence dated 23 December 2021, in
which you made a request for information.

 

Please accept our delay in acknowledging your request.  The Information
Access Team is currently experiencing a higher than usual workload
combined with a lower than usual staffing complement due to the pandemic
situation.

 

Your request is as follows:

 

“I have read your email and I would request the 80 documents of all
safeguarding reports to CQC regarding Quantum Care Homes as to narrow this
request down the Care Homes I ask under are -

 

- Garden City Court

- Heath House

- Providence Court

- Elmhurst

- Tye Green Lodge

- Belmont View

 

These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents. Also all investigations conducted by CQC about Quantum Care
Residents also medical errors and documents of investigations into the
safeguarding- And D and V and infections break out in any of these homes
in the dates I have provided below.

 

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December
2015/

 

January 2016/ April 2016/ May 2016

 

May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016
November 2016/ December 2016/

 

January 2017/  February 2017/ March 2017/ April 2017/ May 2017/ July 2017/
August 2017/ September 2017/ October 2017/ December 2017/

 

January 2018/ February 2018/ March 2018/ April 2018/ June 2018/July
2018/August 2018 /September 2018/ October 2018/ November 2018/December
2018/

 

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/
July 2019/ September 2019/ October 2019/ November 2019

 

6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?

 

Can CQC explain what will be redacted from these safeguarding Reports as
to make this clear and transparent.”

 

CQC will consider your request in accordance with the Freedom of
Information Act 2000 (FOIA).

 

Our statutory deadline for response is 25 January, but we will in any
event endeavour to respond as soon as possible.

 

We will write to you if we are unable to meet this deadline.

 

The information you have requested may be subject to an exemption from the
right to know. Should this occur, we will explain the reasons why when we
respond.

 

Kind regards

 

The Information Access Team

Governance and Legal Services

Customer & Corporate Services Directorate

Care Quality Commission

 

Email: [1][CQC request email]

 

show quoted sections

Dear Information Access,

I have received your email of the deadline being the 25th January 2021 of the 80 Documents around safeguarding of some of Quantum Care limited (ltd) Residents reports, regarding medication errors, neglect, abuse.

I totally understand at this moment of the pandemic your work as a Regulator is beyond hard I appreciate your time and look forward to the 80 Documents.

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Dear enquirer
Thank you for contacting the Information Access Team, please accept this
automated response as acknowledgement that we have received your email. 
What we do
The Information Access Team process requests for recorded information made
in accordance with the Freedom of Information Act 2000 (FOIA), General
Data Protection Regulation (GDPR), Data Protection Act 2018 (DPA) and the
Environmental Information Regulations 2004 (EIR).
If you are making a request for information which falls under these Acts
and regulations
We aim to respond to you within 3 working days with a formal
acknowledgement of your request including a unique reference number and
deadline for our response.
Please be as specific as possible in describing the information you want
to request.  To understand how to ask for official information held by the
CQC please visit our website [1]here, alternatively, if your request is
related to information about yourself or other people please visit our
website [2]here which has some helpful guidance.
If you are seeking an update on an existing request
The Information Access team are experiencing a higher than usual workload
at present.  We are currently working through a backlog of work and will
respond to each request as soon as possible.  We thank you for your
patience. 
Information relating to medical records
If you want to request your medical records please contact your GP
surgery, or the organisation that provided your care. CQC do not routinely
hold patient medical records.
General enquiries
If you have any questions about any aspect of CQC’s work you can contact
our National Customer Service Centre. Please email [3][email address]
or call 03000 616161.
Statutory requests for information made under access to information
legislation, such as the General Data Protection Regulation (GDPR) and the
Freedom of Information Act 2000, should be sent to:
[4][CQC request email] 
How CQC handles and protects your personal data
Please see [5]www.cqc.org.uk/privacy for more information.
Kind regards
The Information Access Team

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/about-us/our-poli...
https://www.cqc.org.uk/about-us/our-poli...
2. https://www.cqc.org.uk/about-us/our-poli...
https://www.cqc.org.uk/about-us/our-poli...
3. [email address]
mailto:[email address]
4. [CQC request email]
mailto:[CQC request email]
5. https://www.cqc.org.uk/about-us/our-poli...
https://www.cqc.org.uk/about-us/our-poli...

Information Access, Care Quality Commission

1 Attachment

Dear Mr Stone

 

Our Ref: CQC IAT 2021 0662

 

Within your correspondence of 23 December you made the following request
for information:

 

“I have read your email and I would request the 80 documents of all
safeguarding reports to CQC regarding Quantum Care Homes as to narrow this
request down the Care Homes I ask under are -

 

- Garden City Court

- Heath House

- Providence Court

- Elmhurst

- Tye Green Lodge

- Belmont View

 

These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents. Also all investigations conducted by CQC about Quantum Care
Residents also medical errors and documents of investigations into the
safeguarding- And D and V and infections break out in any of these homes
in the dates I have provided below.

 

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December
2015/

 

January 2016/ April 2016/ May 2016

 

May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016
November 2016/ December 2016/

 

January 2017/  February 2017/ March 2017/ April 2017/ May 2017/ July 2017/
August 2017/ September 2017/ October 2017/ December 2017/

 

January 2018/ February 2018/ March 2018/ April 2018/ June 2018/July
2018/August 2018 /September 2018/ October 2018/ November 2018/December
2018/

 

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/
July 2019/ September 2019/ October 2019/ November 2019

 

6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?

 

Can CQC explain what will be redacted from these safeguarding Reports as
to make this clear and transparent.”

 

We have previously provided you with an estimate in relation to extraction
and review of documents held in safeguarding records. We have advised that
it would take at least 3 minutes to locate, retrieve and extract each
record a further 10 minutes to consider each document for disclosure and
apply any exemptions.

 

Upon further investigation of the records held, the information you are
seeking is not simply held in 80 documents. There are 106 individual
safeguarding records logged in our system that cover the time period and
the services specified by your request. We estimate that to locate and
retrieve information held within those records would still exceed the cost
limit stipulated under section 12 of the Freedom of Information Act 2020
(we attach an explanation of this exemption). We can, however, provide you
with statistical data – for example, number of safeguarding records for
each of the years which are of interest to you, or a number of
notifications received under [1]Regulation 18 of the Care Quality
Commission (Registration) Regulation 2009.

 

For clarity, the notifications received under Regulation 18 refer to
incidents which the service identified as abuse or allegations of abuse of
the person using the service, serious injury to the person using the
service, police incidents, and events which stop the service from running
safely and properly.

 

It may also be of assistance to refer to our [2]guidance on submitting
notifications for non-NHS Trust providers, as this will further clarify
that not all incidents are notifiable to CQC.

 

Should you wish to proceed with a request for statistical data, please let
us know what data you are interested in by way of reply.

 

If we do not receive a reply by 22 February, we will assume that you do
not wish to continue with your request at this point in time. This does
not prejudice your right to make any requests for information in the
future.

 

Yours sincerely

 

Information Access team

 

Governance and Legal Services

Regulatory Customer & Corporate Operations

Care Quality Commission
Citygate

Gallowgate
Newcastle upon Tyne
NE1 4PA

 

The Care Quality Commission is the independent regulator of health and
adult social care services in England. [3]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [4][email address]

 

Personal data is processed in accordance with the General Data Protection
Regulation (GDPR) and relevant data protection law. Information on the
processing of personal data by CQC can be found at
[5]www.cqc.org.uk/about-us/our-policies/privacy-statement

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 2018, GDPR and the Freedom of
Information Act 2000 should be sent to: [6][CQC request email]

 

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/guidance-provider...
2. https://www.cqc.org.uk/sites/default/fil...
3. http://www.cqc.org.uk/
4. mailto:[email address]
5. http://www.cqc.org.uk/about-us/our-polic...
6. mailto:[CQC request email]

Dear Information Access,

I have received your correspondence 25th January 2021 of having 106 safeguarding documents regarding Quantum Care Homes in Hertfordshire, Essex, Bedfordshire.

I have narrowed down the request to take out two of the care home as to not go out of the cost ceiling of section 12 of the FOIA 2000

- Heath House

- Providence Court

- Elmhurst

- Belmont View

These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents. Also all investigations conducted by CQC about Quantum Care
Residents also medical errors and documents of investigations into the
safeguarding- And D and V and infections break out in any of these homes
in the dates I have provided below.

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December
2015/

January 2016/ April 2016/ May 2016

May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016
November 2016/ December 2016/

January 2017/ February 2017/ March 2017/ April 2017/ May 2017/ July 2017/
August 2017/ September 2017/ October 2017/ December 2017/

January 2018/ February 2018/ March 2018/ April 2018/ June 2018/July
2018/August 2018 /September 2018/ October 2018/ November 2018/December
2018/

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/
July 2019/ September 2019/ October 2019/ November 2019

6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?

Can CQC explain what will be redacted from these safeguarding Reports as
to make this clear and transparent.

Can you kindly clarify this statement

"that not all incidents are notifiable to CQC" for non NHS providers. What is not notifiable to CQC?

I require the Documents of narrowing this FOIA Request to CQC.

Very much appreciated

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Dear enquirer
Thank you for contacting the Information Access Team, please accept this
automated response as acknowledgement that we have received your email. 
What we do
The Information Access Team process requests for recorded information made
in accordance with the Freedom of Information Act 2000 (FOIA), General
Data Protection Regulation (GDPR), Data Protection Act 2018 (DPA) and the
Environmental Information Regulations 2004 (EIR).
If you are making a request for information which falls under these Acts
and regulations
We aim to respond to you within 3 working days with a formal
acknowledgement of your request including a unique reference number and
deadline for our response.
Please be as specific as possible in describing the information you want
to request.  To understand how to ask for official information held by the
CQC please visit our website [1]here, alternatively, if your request is
related to information about yourself or other people please visit our
website [2]here which has some helpful guidance.
If you are seeking an update on an existing request
The Information Access team are experiencing a higher than usual workload
at present.  We are currently working through a backlog of work and will
respond to each request as soon as possible.  We thank you for your
patience. 
Information relating to medical records
If you want to request your medical records please contact your GP
surgery, or the organisation that provided your care. CQC do not routinely
hold patient medical records.
General enquiries
If you have any questions about any aspect of CQC’s work you can contact
our National Customer Service Centre. Please email [3][email address]
or call 03000 616161.
Statutory requests for information made under access to information
legislation, such as the General Data Protection Regulation (GDPR) and the
Freedom of Information Act 2000, should be sent to:
[4][CQC request email] 
How CQC handles and protects your personal data
Please see [5]www.cqc.org.uk/privacy for more information.
Kind regards
The Information Access Team

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/about-us/our-poli...
https://www.cqc.org.uk/about-us/our-poli...
2. https://www.cqc.org.uk/about-us/our-poli...
https://www.cqc.org.uk/about-us/our-poli...
3. [email address]
mailto:[email address]
4. [CQC request email]
mailto:[CQC request email]
5. https://www.cqc.org.uk/about-us/our-poli...
https://www.cqc.org.uk/about-us/our-poli...

Dear Care Quality Commission,

Can you please Clarify Quantum care Limited are an independent registered Company as a "not for profit" primarily operate on behalf of Herts County Council (HCC) for caring in the community this would see Quantum Care Limited are acting as operators of Residents as an extension of the NHS as using the NHS district nurses and dentists, medicine is supplied by the NHS and incontience pads are free through the NHS as no Quantum care home is a registered as a nursing home. This then sees Quantum care are working with the NHS with a smallest percentage being private.

There for does this change your view on your previous statements to me of not all notifications are reported to CQC if not a NHS provider why is this? please clarify this point clearly and correctly, under the FOIA 2000.

Yours faithfully,

Sam Stone

Dear Care Quality Commission,

Can you send an acknowledgement of the two emails on what do they know website received by CQC 30th January and the 31st January 2021 as this was sent 17 days ago without any response or a date of the 80 Documents that are within the cost ceiling of Section 12 of the FOIA 2000 in relation to the running of Quantum Care as a not for profit organisation. I have narrowed the Request down to make this to be in legislation but so far CQC have not responded I would ask the CQC to place a date of the disclosure of the 80 Documents regarding safeguarding of Residents under the provision of care by Quantum Care Limited.

Much appreciated
Yours faithfully,

Sam Stone

Information Access, Care Quality Commission

Dear enquirer

 

Thank you for contacting the Information Access Team, please accept this
automated response as acknowledgement that we have received your email. 

 

What we do

The Information Access Team process requests for recorded information made
in accordance with the Freedom of Information Act 2000 (FOIA), General
Data Protection Regulation (GDPR), Data Protection Act 2018 (DPA) and the
Environmental Information Regulations 2004 (EIR).

 

If you are making a request for information which falls under these Acts
and regulations

We aim to respond to you within 3 working days with a formal
acknowledgement of your request including a unique reference number and
deadline for our response.

 

Please be as specific as possible in describing the information you want
to request.  To understand how to ask for official information held by the
CQC please visit our website [1]here, alternatively, if your request is
related to information about yourself or other people please visit our
website [2]here which has some helpful guidance.

 

If you are seeking an update on an existing request

The Information Access team are experiencing a higher than usual workload
at present.  We are currently working through a backlog of work and will
respond to each request as soon as possible.  We thank you for your
patience. 

 

Information relating to medical records

If you want to request your medical records please contact your GP
surgery, or the organisation that provided your care. CQC do not routinely
hold patient medical records.

 

General enquiries

If you have any questions about any aspect of CQC’s work you can contact
our National Customer Service Centre. Please email [3][email address]
or call 03000 616161.

 

Statutory requests for information made under access to information
legislation, such as the General Data Protection Regulation (GDPR) and the
Freedom of Information Act 2000, should be sent to:
[4][CQC request email] 

 

How CQC handles and protects your personal data

Please see [5]www.cqc.org.uk/privacy for more information.

 

Kind regards

 

The Information Access Team

 

 

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/about-us/our-poli...
2. https://www.cqc.org.uk/about-us/our-poli...
3. mailto:[email address]
4. mailto:[CQC request email]
5. https://www.cqc.org.uk/about-us/our-poli...

Dear Care Quality Commission,

I have still not received a response from CQC with a reference number of the 80 documents relating to 900 safeguarding issues about Quantum care Limited care homes. CQC have not written any responses just using an automatic response I would appreciate a full response with the 80 documents to the dates I have provided CQC with.

This Request has been clearly narrowed down by me for yourself to deal with under section 12 of the FOIA so can you tell me of your delays to disclosing 80 Documents about safeguarding vulnerable adults protected under the Mental Health Act 2005 not being answered in relation to Quantum Care Limited a not for profit Company.

Yours faithfully,

Sam Stone

Information Access, Care Quality Commission

Dear enquirer

 

Thank you for contacting the Information Access Team at the Care Quality
Commission (CQC).

 

Please accept this automated response as acknowledgement that we have
received your e-mail. 

 

What we do

 

We coordinate responses to requests for recorded information made in
accordance with the Freedom of Information Act 2000 (FOIA), the General
Data Protection Regulation (GDPR), Data Protection Act 2018 (DPA) and the
Environmental Information Regulations 2004 (EIR).

 

If you are making a request for information which falls under these Acts and
regulations

 

We aim to respond to you within three working days with a formal
acknowledgement of your request including a unique reference number and
deadline for our response.

 

Please be as specific as possible in describing the information you want
to request.

 

We have published information on our website explaining [1]how to ask for
official information held by CQC and [2]how to ask for information about
yourself or other people.

 

If you are seeking an update on an existing request

 

The Information Access team is experiencing a higher than usual workload
at present.

 

We are currently working through a backlog of work and will respond to
each request as soon as possible. Thank you for your patience. 

 

Information relating to medical records

 

If you want to request your medical records please contact your GP
surgery, or the organisation that provided your care. CQC does not
routinely hold patient medical records.

 

General enquiries about CQC

 

CQC is the independent regulator of health and adult social care services
in England.

 

There is information about our role published on our website,
[3]www.cqc.org.uk

 

If you have any questions about any aspect of CQC’s work, you can contact
our National Customer Service Centre (NCSC). Please e-mail
[4][email address] or call 03000 616161.

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 2018, GDPR and the Freedom of
Information Act 2000 should be sent to: [5][CQC request email]

 

How CQC handles and protects your personal data

 

Personal data is processed in accordance with the General Data Protection
Regulation (GDPR) and relevant data protection law. Information on the
processing of personal data by CQC can be found at
[6]www.cqc.org.uk/about-us/our-policies/privacy-statement

 

 

Kind regards

 

The Information Access Team 

 

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/about-us/our-poli...
2. https://www.cqc.org.uk/about-us/our-poli...
3. http://www.cqc.org.uk/
4. mailto:[email address]
5. mailto:[CQC request email]
6. http://www.cqc.org.uk/about-us/our-polic...

Dear Care Quality Commission,

Can you clarify why CQC are not acknowledging a FOIA as I have narrowed down my request and CQC have not answered or disclosed anything in over a month of the last request of the narrowing down please would you respond to the disclosure of documents.
I will send the original email of the request I asked for in the next email.
Can you please Clarify Quantum care Limited are an independent registered Company as a "not for profit" primarily operate on behalf of Herts County Council (HCC) for caring in the community this would see Quantum Care Limited are acting as operators of Residents as an extension of the NHS as using the NHS district nurses and dentists, medicine is supplied by the NHS and incontience pads are free through the NHS as no Quantum care home is a registered as a nursing home. This then sees Quantum care are working with the NHS with a smallest percentage being private.

There for does this change your view on your previous statements to me of not all notifications are reported to CQC if not a NHS provider why is this? please clarify this point clearly and correctly, under the FOIA 2000.

Yours faithfully,

Sam Stone

Yours faithfully,

Sam Stone

Dear Information Access,

I have received your correspondence 25th January 2021 of having 106 safeguarding documents regarding Quantum Care Homes in Hertfordshire, Essex, Bedfordshire.

I have narrowed down the request to take out two of the care home as to not go out of the cost ceiling of section 12 of the FOIA 2000

- Heath House

- Providence Court

- Elmhurst

- Belmont View

These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents. Also all investigations conducted by CQC about Quantum Care
Residents also medical errors and documents of investigations into the
safeguarding- And D and V and infections break out in any of these homes
in the dates I have provided below.

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December
2015/

January 2016/ April 2016/ May 2016

May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016
November 2016/ December 2016/

January 2017/ February 2017/ March 2017/ April 2017/ May 2017/ July 2017/
August 2017/ September 2017/ October 2017/ December 2017/

January 2018/ February 2018/ March 2018/ April 2018/ June 2018/July
2018/August 2018 /September 2018/ October 2018/ November 2018/December
2018/

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/
July 2019/ September 2019/ October 2019/ November 2019

6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?

Can CQC explain what will be redacted from these safeguarding Reports as
to make this clear and transparent.

Can you kindly clarify this statement

"that not all incidents are notifiable to CQC" for non NHS providers. What is not notifiable to CQC?

I require the Documents of narrowing this FOIA Request to CQC.

Yours sincerely,

Sam Stone

Dear Care Quality Commission,

Can CQC say why no response or Documents that are within the cost ceiling under section 12 of the FOIA legislation regarding Care Homes run by Quantum Care Limited. Can you please respond.

Yours faithfully,

Sam Stone

Information Access, Care Quality Commission

Dear Sam Stone
 
It has come to my attention that you didn't receive a response to your
reduced request for documents under FOIA. Please accept my sincere
apologies for this oversight.
 
The colleague that previously handled your request is no longer working
for CQC.
 
Having reviewed the recorded numbers of documents held for the four
locations in the timeframe you have specified I must advise that the
request remains outside of the cost ceiling. There are 163 statutory
notifications and 97 safeguarding records for the narrowed down request.
As previously outlined in both our response and our internal review
Section 12 applies to this request.
 
Narrowing this request to a shorter timeframe, one year for example, may
assist in us being able to provide you with some documentation. However,
please note that we would not be able to provide any information that
could identify any individual or that had been provided in confidence to
CQC. Section 40(2) Personal Information and Section 41 Information
provided in confidence are outlined in FOIA legislation.  These exemptions
are intended to protect third party personal information held or obtained
by CQC where disclosure could lead to individuals being identified, either
alone or when combined with other information. 
 
An internal review (focussed upon our handling of your request and whether
CQC complied with the requirements of the Freedom of Information Act 2000)
was completed on 14 December 2020 and additional correspondence issued to
you on 21 December 2020.
 
I would like to address the questions you have posed regarding the
submission of notifications to CQC. Our guidance is split across GPs, NHS
providers and non-NHS providers. Quantum Care are not an NHS provider,
they fall into the category of an Organisation for the purpose of CQC
registration and are registered as a registered society. Refer to the
[1]Financial Conduct Authority Mutuals Public Register for further
information about this company.
 
The guidance for submission of notifications for this type of entity is
located on [2]our public website. Page 11 explains what is notifiable
under Health and Social Care regulations and legislations. An example of
when an incident may not be notifiable would be when a resident has a
fall, but sustains no serious injury and no safeguarding report is
required to either CQC or the local authority. This incident would still
be recorded by the service and these records are likely to be reviewed by
CQC on inspection and/or the local authority as part of their
responsibilities.
 
If you are unhappy with other aspects of the CQC's actions, or of the
actions of registered providers, please see our website for information on
how to raise a concern or complaint:
 
[3]www.cqc.org.uk/contact-us
 
Further rights of appeal exist to the Information Commissioner’s Office
under section 50 of the Freedom of Information Act 2000 once the internal
appeals process has been exhausted.
 
The contact details are:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
 
Telephone: 0303 123 1113
Website: [4]www.ico.org.uk
 
Once again please accept my apologies for the considerable delay in your
receiving a response to your correspondence.
 
Kind regards
 
On behalf of:
Information Access team
 
For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [5]https://www.cqc.org.uk/contact-us
 
 
 
 
 
 

show quoted sections

Dear Care Quality Commission,

I do appreciate your apology for a very long over sight/response. however CQC to use a former member of CQC left in-between a FOIA request as an excuse is very concerning does CQC not pass on information? I can also see no CQC who I am communicating with is placed as accountable, I ask that this is placed with a named person.

I see that CQC have 163 Statutory notifications regarding 4 care homes run by Quantum Care Limited based mainly in Hertfordshire, can you explain what is statutory notifications? CQC have 97 safeguarding concerns raised from 4 care homes is very high volumes - I ask CQC relook over all the questions I have asked under a FOIA that CQC have ignored a lot of simple questions - under section 38 of the FOIA is Health and Safety - if CQC review all questions my FOIA is touching section 38.

referring to 6th April 2021 I will narrow the care homes to only
Providence Court care home
and
Elmhurst Care Home
all dates apply.

CQC used section 12,40, and 41

section 41 - are CQC using safeguarding of vulnerable adults concerns could be placed only in confidence? is CQC placing Whistle blowers under section 41 if so the number of whistle blowers of the two care homes ( the dates is also required)

Redactions of the Residents names is of course permitted but no other redaction should be used as it is in the public interest to have an idea of a care provider having high safeguarding concerns in a particular care home it should be in the public interest and domain as it could question the overall care home or provider to have more than human error down falls.

CQC stated to under section 12 they would provide 80 safeguarding documents now it is "some" is just showing CQC using excuses to somewhat cover this particular care provider Quantum Care Limited I request CQC overhaul my FOIA and place fair reasons for being discursive in your response as a Government body Regulator.

Yours faithfully,

Sam Stone

Information Access, Care Quality Commission

Dear Mr Stone

 

I acknowledge receipt of your correspondence dated 1 December 2021, in
which you made a request for information.  Your correspondence stated:

 

I do appreciate your apology for a very long over sight/response. however
CQC to use a former member of CQC left in-between a FOIA request as an
excuse is very concerning does CQC not pass on information? I can also see
no CQC who I am communicating with is placed as accountable, I ask that
this is placed with a named person.

 

I see that CQC have 163 Statutory notifications regarding 4 care homes run
by Quantum Care Limited based mainly in Hertfordshire, can you explain
what is statutory notifications? CQC have 97 safeguarding concerns raised
from 4 care homes is very high volumes - I ask CQC relook over all the
questions I have asked under a FOIA that CQC have ignored a lot of simple
questions - under section 38 of the FOIA is Health and Safety - if CQC
review all questions my FOIA is touching section 38.

 

referring to 6th April 2021 I will narrow the care homes to only
Providence Court care home and Elmhurst Care Home all dates apply.

 

CQC used section 12,40, and 41

 

section 41 - are CQC using safeguarding of vulnerable adults concerns
could be placed only in confidence? is CQC placing Whistle blowers under
section 41 if so the number of whistle blowers of the two care homes ( the
dates is also required)

 

Redactions of the Residents names is of course permitted but no other
redaction should be used as it is in the public interest to have an idea
of a care provider having high safeguarding concerns in a particular care
home it should be in the public interest and domain as it could question
the overall care home or provider to have more than human error down
falls.

 

CQC stated to under section 12 they would provide 80 safeguarding
documents now it is "some" is just showing CQC using excuses to somewhat
cover this particular care provider Quantum Care Limited I request CQC
overhaul my FOIA and place fair reasons for being discursive in your
response as a Government body Regulator.

 

Your request for recorded information however is as follows:

 

“referring to 6th April 2021 I will narrow the care homes to only
Providence Court care home and Elmhurst Care Home all dates apply.”  Can
you however confirm what information it is you require?  We can see you
made a request dated 6 October 2020 which had 27 questions.  Are these the
questions you want answering in relation to Providence Court Care Home and
Elmhurst Care Home.  We cannot see anything relating to 6 April 2021 and
would really appreciate your clarification.

 

Requests can often be unclear or ambiguous with different potential
interpretations and where a public authority is not clear as to what is
being asked for, it can, in accordance with section 1(3) of the Freedom of
Information Act 2000 (FOIA), ask the applicant to clarify their request.

 

CQC will not proceed with responding to any part of your request until we
have received the clarification requested above. Once this is received, we
will notify you of the new due date for response.

 

If we do not receive a reply by 11 January 2021, we will assume that you
do not wish to continue with your request at this point in time. This does
not prejudice your right to make any requests for information in the
future.

 

We understand that you are asking for CQC to take a further look at your
original request however an Internal Review was completed on 14 December
2020. 

 

Further rights of appeal exist to the Information Commissioner’s Office
under section 50 of the Freedom of Information Act 2000 once the internal
appeals process has been exhausted.

 

The contact details are:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

 

Telephone: 0303 123 1113

Website: [1]www.ico.org.uk

 

Kind regards

 

Information Access Officer

 

Telephone: 03000 616161

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [2]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. http://www.ico.org.uk/
2. https://www.cqc.org.uk/contact-us

Dear Information Access,

I am very concerned that CQC have placed a time limit of just after Christmas as a way of avoiding the safeguarding documents being disclosed by a alleged transparent Regulator for Vulnerable Adults etc.
CQC ignored my request for over a year by a unknown person as no one wants to hold themselves to blame then try and place section 1 the request very simple.
The documents of the following does not allow any of exemptions under the FOIA 2000
Section 1, section 12, section 40 and 41

CQC should place the name of the person placing CQC are unable to read FOIA for understand the request.

CQC have till the 15th February 2022 to place documents of safeguarding reports of the care provider Quantum Care

This is the request to CQC 1st December 2021. on what do they know.
I have narrowed down the request to take out two of the care home as to not go out of the cost ceiling of section 12 of the FOIA 2000

- Elmhurst

- Belmont View

These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents. Also all investigations conducted by CQC about Quantum Care
Residents also medical errors and documents of investigations into the
safeguarding- And D and V and infections break out in any of these homes
in the dates I have provided below.

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December
2015/

January 2016/ April 2016/ May 2016

May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016
November 2016/ December 2016/

January 2017/ February 2017/ March 2017/ April 2017/ May 2017/ July 2017/
August 2017/ September 2017/ October 2017/ December 2017/

January 2018/ February 2018/ March 2018/ April 2018/ June 2018/July
2018/August 2018 /September 2018/ October 2018/ November 2018/December
2018/

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/
July 2019/ September 2019/ October 2019/ November 2019

6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?

Can CQC explain what will be redacted from these safeguarding Reports as
to make this clear and transparent.

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Dear Mr Stone

 

I acknowledge receipt of your correspondence dated 15 January 2022, in
which you made a request for information.

 

Your request is as follows:

 

“This is the request to CQC 1st December 2021. on what do they know.

 

I have narrowed down the request to take out two of the care home as to
not go out of the cost ceiling of section 12 of the FOIA 2000

 

- Elmhurst

- Belmont View

 

These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents. Also all investigations conducted by CQC about Quantum Care
Residents also medical errors and documents of investigations into the
safeguarding- And D and V and infections break out in any of these homes
in the dates I have provided below.

 

June 2015/ July 2015/ August 2015/ September 2015/ November 2015/ December
2015/January 2016/ April 2016/ May 2016

 

May 2016/ June 2016 /July 2016/ August 2016/ September 2016/ October 2016

 

November 2016/ December 2016/January 2017/ February 2017/ March 2017/
April 2017/ May 2017/ July 2017/

August 2017/ September 2017/ October 2017/ December 2017/January 2018/
February 2018/ March 2018/ April 2018/ June 2018/July 2018/August 2018
/September 2018/ October 2018/ November 2018/December 2018/

January 2019/ February 2019/ March 2019/ April 2019/ May 2019/ June 2019/
July 2019/ September 2019/ October 2019/ November 2019

 

6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?

 

Can CQC explain what will be redacted from these safeguarding Reports as
to make this clear and transparent.”

 

CQC will consider your request in accordance with the Freedom of
Information Act 2000 (FOIA).

 

Our statutory deadline for response is 11 February 2022, but we will in
any event endeavour to respond as soon as possible.

 

We will write to you if we are unable to meet this deadline.

 

Please be aware that there may be a delay in providing a response to your
request for information. The Information Access team are experiencing a
higher than usual workload at present due to the pandemic situation. We
are currently working through a backlog of work and will respond to each
request as soon as possible. We thank you for your patience.

 

The information you have requested may be subject to an exemption from the
right to know. Should this occur, we will explain the reasons why when we
respond.

 

Regards

 

On behalf of:

Information Access Team

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [1]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/contact-us

Dear Care Quality Commission,

I have narrowed the safeguarding documents to not exceed the cost limits and no guidance or named person(s) has placed an authority guidance.
I would be grateful if you could offer me guidance into how I could best reframe the request in order to obtain as much of the information as possible, while bringing it below the cost limit.
As you may be aware, Section 16 of the FOI Code of Practice (https://www.gov.uk/government/publicatio...) advises that bodies should 'provide advice and assistance, so far as it would be reasonable to expect the authority to do so' and ICO guidance (https://ico.org.uk/media/for-organisatio...) interprets this as a suggestion that the authority should provide suggestions of this nature.

Yours faithfully,

Sam Stone

Information Access, Care Quality Commission

Dear enquirer

 

Thank you for contacting the Information Access Team at the Care Quality
Commission (CQC).

 

Please accept this automated response as acknowledgement that we have
received your e-mail. 

 

What we do

 

We coordinate responses to requests for recorded information made in
accordance with the Freedom of Information Act 2000 (FOIA), the General
Data Protection Regulation (GDPR), Data Protection Act 2018 (DPA) and the
Environmental Information Regulations 2004 (EIR).

 

If you are making a request for information which falls under these Acts and
regulations

 

We aim to respond to you within three working days with a formal
acknowledgement of your request including a unique reference number and
deadline for our response.

 

Please be as specific as possible in describing the information you want
to request.

 

We have published information on our website explaining [1]how to ask for
official information held by CQC and [2]how to ask for information about
yourself or other people.

 

If you are seeking an update on an existing request

 

The Information Access team is experiencing a higher than usual workload
at present.

 

We are currently working through a backlog of work and will respond to
each request as soon as possible. Thank you for your patience. 

 

Information relating to medical records

 

If you want to request your medical records please contact your GP
surgery, or the organisation that provided your care. CQC does not
routinely hold patient medical records.

 

General enquiries about CQC

 

CQC is the independent regulator of health and adult social care services
in England.

 

There is information about our role published on our website,
[3]www.cqc.org.uk

 

If you have any questions about any aspect of CQC’s work, you can contact
our National Customer Service Centre (NCSC). Please e-mail
[4][email address] or call 03000 616161.

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 2018, GDPR and the Freedom of
Information Act 2000 should be sent to: [5][CQC request email]

 

How CQC handles and protects your personal data

 

Personal data is processed in accordance with the General Data Protection
Regulation (GDPR) and relevant data protection law. Information on the
processing of personal data by CQC can be found at
[6]www.cqc.org.uk/about-us/our-policies/privacy-statement

 

 

Kind regards

 

The Information Access Team 

 

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/about-us/our-poli...
2. https://www.cqc.org.uk/about-us/our-poli...
3. http://www.cqc.org.uk/
4. mailto:[email address]
5. mailto:[CQC request email]
6. http://www.cqc.org.uk/about-us/our-polic...

Information Access, Care Quality Commission

Dear Mr Stone
 
Thank you for your recent correspondence.
 
Please allow me to confirm the advice and assistance provided to you over
the course of your contact with the Information Access Team:
 
14 December 2020 - CQC IAT 2021 0425 (Internal review)
 
We may be able to consider a new request for statistical information
relation to the following statutory notifications.
 
We could provide numbers of statutory notifications for the following:
 
• Police involvement in an incident
• Serious injury to a person using the service
• Allegations of abuse (safeguarding)
 
However, we would be unable to identify particular instances, such as
falls or thefts, without conducting extensive manual searches (which would
engage the section 12 exemption).
If you wish to make a request for this information, please let us know
what timeframe you wish the information to cover.
 
We could also consider a new request for statistical information on how
many enquiries we have logged as whistleblowing or information of concern.
 
 
21 December 2020 – CQC IAT 2021 0425
 
We estimate that it would take at least 3 minutes to locate, retrieve and
extract each record and a further 10 minutes to consider each document for
disclosure and apply any exemptions.
 
For example, if we were to extract 360 documents we estimate it would take
18 hours and not engage section 12, the cost exemption. However, we would
then need to consider each document for disclosure and apply any necessary
redactions (e.g. for confidential or personal information). We estimate it
would take approximately 10 minutes per document for this process, which
would add a further 60 hours to the total. This would then engage the
exemption set out at section 14 of the Act, and the request would be
refused due to the excessive burden this would place on our limited
resources.
 
However, if you were able to limit your request to 80 documents this would
take an estimated 4 hours to extract and an estimated 13.3 hours to
consider the documents for disclosure. This would be under the 18 hours
cost limit and be unlikely to engage the section 14 exemption for burden.
 
Please tell us how you would like to select those 80 documents. For
example, you could ask for the most recent examples from each of the
listed locations, or a random selection over the period in question. Or
you could focus on one location.
 
 
8 November 2021 - CQC IAT 2021 0662
 
Narrowing this request to a shorter timeframe, one year for example, may
assist in us being able to provide you with some documentation.
 
However, please note that we would not be able to provide any information
that could identify any individual or that had been provided in confidence
to CQC. Section 40(2) Personal Information and Section 41 Information
provided in confidence are outlined in FOIA legislation.  These exemptions
are intended to protect third party personal information held or obtained
by CQC where disclosure could lead to individuals being identified, either
alone or when combined with other information.
 
An explanation of the requirement for notifications was also provided in
this response.
 
 
9 December 2021 - CQC IAT 2122 0749
 
We requested clarification of your request in accordance with section 1(3)
of the Freedom of Information Act 2000 (FOIA).
 
Your request for recorded information however is as follows:
 
“referring to 6th April 2021 I will narrow the care homes to only
Providence Court care home and Elmhurst Care Home all dates apply.” Can
you however confirm what information it is you require? We can see you
made a request dated 6 October 2020 which had 27 questions. Are these the
questions you want answering in relation to Providence Court Care Home and
Elmhurst Care Home. We cannot see anything relating to 6 April 2021 and
would really appreciate your clarification.
 
We gave until 11 January 2022 for you to respond to this request for
clarification. As no response was received this reference number was
closed.
 
We also confirmed that in relation to your initial request (CQC IAT 2021
0425) a further review would not be possible as an internal review had
been completed.
 
 
15 January 2022 – CQC IAT 2122 0856
 
This is your current request.
 
You have asked for
 
“For Elmhurst and Belmont View
 
These reports are requested of all safeguarding being reported to CQC for
injuries/ head injuries and any abuse to Residents and staff shortages in
the documents.
Also all investigations conducted by CQC about Quantum Care Residents also
medical errors and documents of investigations into the safeguarding-
And D and V and infections break out in any of these homes in the dates I
have provided below“
 
The dates you have specified cover more than four years - June 2015 to
November 2019 – It is likely that this request will engage the exemption
at Section 12 – Appropriate limit
 
You have made one specific request within the recent request:
 
“6th August 2019 CQC inspected Elmhurst care home and published a report
21st August 2019 the report contained a medicine error by a carer to a
Resident at Elmhurst care home in Bishop Stortford run by Quantum Care is
there any documentation of this being a safeguarding issue by CQC to
safeguard the Resident that received the wrong medication?”
 
The guidance for submission of notifications was provided to you on 8
November 2021 and is published on [1]our public website.
 
Within this guidance we confirm:
 
There is no requirement to notify CQC about medicines errors, but a
notification would be required if the cause or effect of a medicine error
met the criteria to notify one of the following:
· A death
· An injury
· Abuse, or an allegation of abuse
· An incident reported to or investigated by the police
 
Where relevant, you should make it clear that a medicine error was a known
or possible cause or effect of these incidents or events being notified.
 
I would like to provide you with some detail related to information we
receive:
 
How we record information
 
When we receive information, which suggest that services we regulate may
not be meeting the required standards, we review it and record it in the
following categories:
 

* Safeguarding alert or concern
* Whistleblowing
* Other information of concern

 
Safeguarding
 
A safeguarding alert is when CQC is the first statutory agency to receive
the information about actual or alleged abuse or neglect, and/or CQC will
or may need to take immediate regulatory action because of the
information. Information is treated as a safeguarding concern when CQC is
not the first statutory agency to receive the information and there is no
need for CQC to take immediate regulatory action.
 
In some cases, there can be several concerns logged in relation to the
same incident, as follow-up calls and emails are received.
 
Safeguarding of individuals is handled by the local authority.
 
Whistleblowing
 
Whistleblowing is the term used when someone who works for an employer
raises a concern about malpractice, risk (for example about patient
safety), wrongdoing or possible illegality, which harms, or creates a risk
of harm, to people who use the service, colleagues or the wider public.
 
Other information of concern
 
This category will be used for information that falls outside of our
regulatory function, such as resolving individual complaints or employment
issues. Although we may not have the remit to resolve the issues
discussed, the information is used to inform our understanding of how
services are run.
 
Should you wish to narrow your request for information to statistical data
covering the period 2015 to 2019 we would be able to provide you with
information we hold.
 
Should you wish to confirm how you would like to select 80 documents we
can consider this request – Please note that the Freedom of Information
Act 2000 entitles the public to request information held and does not
extend to documents. Any information contained within a notification that
could (on it’s own or in combination with other information) allow the
identification of an individual would be removed to protect that personal
data.
 
Your case handler will provide you with a response to your recent request
- CQC IAT 2122 0856 – on or before the statutory deadline of 11 February
2022.
 
I trust this information is of assistance to you
 
Kind regards
 
On behalf of:
Information Access team
 
For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [2]https://www.cqc.org.uk/contact-us
 
 
 
 
 

show quoted sections

Dear Information Access,

Firstly I am grateful of your response to the FOIA and the information you have provided into medication errors and notification that would be made to CQC that information was very helpful.

I have requested 80 Documents with the redaction of the named person not the redaction of the care home and the contents of the incident that was documented as a safeguarding/ whistle blowing/ police involvement no redaction should be placed of the actual incidents that occurred from 2016 - 2020 in Elmhurst care home and Belmont View care home.
Statistics have already been placed that is over 800 safeguarding concerns in 10 years at Quantum Care care homes and statistics do not provide the actual documents contents correctly.

Example being
Elmhurst Care home 16th February 2017 redacted name of the resident was placed of a medical error that was investigated by Herts Police name of the officer redacted this caused the resident to vomit GP were notified the case was resolved with the involvement of the Local Authority.
The outcome was ............................
Case was closed date -
Inspector name redacted.

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Dear Mr Stone

 

Thank you for your email of 27 January 2022.

 

You have requested:

 

"80 Documents with the redaction of the named person not the redaction of
the care home and the contents of the incident that was documented as a
safeguarding/ whistle blowing/ police involvement no redaction should be
placed of the actual incidents that occurred from 2016 - 2020 in Elmhurst
care home and Belmont View care home"

 

You have not outlined how you wish us to select the 80 documents for
consideration.

 

On 21 December 2020 we provided you with advice on how to narrow the scope
of your request. For example, you could ask for the most recent examples
from each of the listed locations, or you could focus on a shorter
timeframe for one location.

 

It is not for us to make a decision on how the documents are selected as
you are best placed to identify what would provide you with the
information you wish to receive. The period 2016-2020 for the two
locations outlined will give more than 80 documents for consideration. We
have explained that the specific information has to be manually
interrogated to identify if falls into the categories you have listed
above (safeguarding or whistleblowing). Notifications of Police
involvement are in their own category however we are unable to rule out
incorrect forms being submitted, for example the more general notification
of 'an event that stops the service from running properly'. Again, to pick
out specific forms from this category, due to the manual interrogation
necessary would be likely to engage Section 12 of the Freedom of
Information Act 2000.

 

I would also like to confirm that the example you gave below could (with
other information) allow for the identification of an individual. An
identifiable living individual is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of the individual.

 

The date, the location and the details of the incident could identify the
person the notification was about. On these grounds the information would
be likely to be exempt from disclosure under Section 40 of FOIA 2000.

 

A shorter timeframe such as one year or six months may allow us to provide
you with some information (exemptions permitting).

 

Specific details such as dates, which location it relates to and anything
else that could allow for the identification of an individual would not be
released due to the requirement to protect the personal data of those
individuals. Redaction of names is insufficient to prevent identification
by anyone that already hold other information.

 

Your reference number - CQC IAT 2122 0856 - will be placed on hold to
allow you to confirm how you want the 80 documents to be selected. Please
note that the FOIA does not provide entitlement to documents, the right of
access is to information held by a public authority and is subject to
exemptions set out in legislation.

 

The Information Commissioner's Office has published advice on how best to
make a request for information -
[1]https://ico.org.uk/your-data-matters/off...

 

A recent ICO decision notice explains why identifiable information is
exempt from disclosure. You may wish to review this decision notive prior
to your next correspondence.
[2]https://ico.org.uk/media/action-weve-tak...

 

This request will be closed on 11 February 2022 if confirmation of how you
wish us to select the documents you want us to look at is not received.

 

I trust this information is of assistance to you.

 

On behalf of:

Information Access team

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [3]https://www.cqc.org.uk/contact-us

 

 

 

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://ico.org.uk/your-data-matters/off...
2. https://ico.org.uk/media/action-weve-tak...
3. https://www.cqc.org.uk/contact-us

Dear Information Access,

It is noted that CQC have failed to adhere to a Freedom of information request under the FOIA act 2000 as refusing to disclose information in regarding 800 safeguarding concerns narrowed down to 80 these concerns found in Quantum Care run homes these safeguarding concerns must be in the public domain as it is a regulators duty of care to protect vulnerable adults that CQC are refusing to disclose Quantum Care safeguarding concerns of residents that are living with dementia and are protected under the mental capacity act 2005 facing safeguarding concerns.

It has been stated by of course unknown/unaccountable person/s that CQC tried stating that a follower of mine now a friend was threatened with copyright laws without any grounds for CQC to do so, this is a fast and a huge fabrication as there is no © under Mrs Sam Stones litigation with CQC so this is a fabrication and vexatious statement of CQC to make without any foundation.

CQC unknown/unaccountable person/s presumed Sam Stone myself was a man when in fact I am a woman.
Emma Curtis has made suggestions to all the latest litigation with CQC and as of now this is now going to be copied and pasted and passed to Emma Curtis as to inform ICO to investigate why CQC are adamant of not wanting to disclose safeguarding concerns to the public domain.
I request CQC disclose the 80 documents as thats what Mrs Stone is requesting as to eliminate the possibility of conflict of interest between a care provider and a regulator.
CQC have only acted and displayed defensive antiques to prevent and defend a care provider and this needs to be questioned why a regulator is defending this particular care provider? the following is stated by Quantum care,

/Users/macbook/Desktop/Screen Shot 2022-07-04 at 13.23.46.png
Quantum Care
for care, not profit

Gov.uk state this about CQC, as it has been raised with yourselves that CQC do not display the correct email address to the public that CQC have not changed just merely ignored this stops concerns reaching CQC a regulator that is meant to be transparent and open and fair???????.

/Users/macbook/Desktop/Screen Shot 2022-07-04 at 13.27.48.png

Yours sincerely,

Sam Stone

Information Access, Care Quality Commission

Dear Mrs Stone

 

I acknowledge receipt of your correspondence dated 4 July 2022, in which
you made a request for information.

 

Your request is as follows:

 

“I request CQC disclose the 80 documents as thats what Mrs Stone is
requesting as to eliminate the possibility of conflict of interest between
a care provider and a regulator.”

 

CQC will consider your request in accordance with the Freedom of
Information Act 2000 (FOIA).

 

Our statutory deadline for response is 1 August 2022, but we will in any
event endeavour to respond as soon as possible.

 

We will write to you if we are unable to meet this deadline.

 

The information you have requested may be subject to an exemption from the
right to know. Should this occur, we will explain the reasons why when we
respond.

 

Regards

 

On behalf of:

Information Access Team

 

For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [1]https://www.cqc.org.uk/contact-us

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/contact-us

Information Access, Care Quality Commission

Dear Mrs Stone

 

Thank you for your correspondence of 4 July 2022, in which you requested
the following information:

 

“It is noted that CQC have failed to adhere to a Freedom of information
request under the FOIA act 2000 as refusing to disclose information in
regarding 800 safeguarding concerns narrowed down to 80 these concerns
found in Quantum Care run homes these safeguarding concerns must be in the
public domain as it is a regulators duty of care to protect vulnerable
adults that CQC are refusing to disclose Quantum Care safeguarding
concerns of residents that are living with dementia and are protected
under the mental capacity act 2005 facing safeguarding concerns.

 

I request CQC disclose the 80 documents as thats what Mrs XXX is
requesting as to eliminate the possibility of conflict of interest between
a care provider and a regulator.”

 

We can’t respond to your request as you have not specified how you wish us
to select the 80 records.

 

On receipt of a valid request we can consider the information we hold and
provide you with a response in line with FOIA.

 

In previous correspondence we have provided you with advice on how to
bring your request within the limits of the cost exemption.

 

◦ A request for statistical information was suggested as an alternative
◦ Within the response to your internal review of CQC IAT 2021 0425
guidance was provided to you on how to refine your request for a more
limited set of information and the timeframe you wished the
information to cover.
◦ On 21 December 2020 you were told that a selection of 80 records could
potentially be considered and that you could ask for the most recent
examples from each of the listed locations, a random selection over
the period in question or you could focus on one location. You were
asked to tell us how you would like to select the documents.
◦ This was reiterated on our email of 26 January 2022
◦ A shorter timeframe such as one year or six months was suggested in
our email of 4 February 2022

 

Please confirm how you wish the 80 documents to be selected and we will
proceed with that request. We will not respond to further requests unless
these are valid requests for information.

 

For an FOIA request to be valid, the requester must specify the
information that they require. Where this is unclear, the public authority
is required to seek clarification and is only obliged to respond when that
clarification has been received. CQC cannot make a determination as to how
the 80 documents should be selected.

 

Please note we have been unable to open the screenshots you provided. I
believe this to be due to the way in which the request was submitted via
the What do they know? platform.

 

I would also like to confirm that correct information is available on our
public website to enable the public and providers to contact us -
[1]https://www.cqc.org.uk/contact-us. In addition our Freedom of
information and data protection pages provide contact details for this
type of request -
[2]https://www.cqc.org.uk/about-us/our-poli....

 

This request will be placed on hold for 10 working days. Should no valid
request be made by 25 July 2022 the above reference number will be closed.

 

Yours sincerely

 

Information Access Officer

Information Access Team
Email: [3][CQC request email]
Contact phone number: 03000 616161
 
For information about CQC, including contact details, information about
how we use and protect personal data, and how to request information from
us, go to [4]https://www.cqc.org.uk/contact-us

 

 

 

 

 

-------------- The contents of this email and any attachments are
confidential to the intended recipient. They may not be disclosed to or
used by or copied in any way by anyone other than the intended recipient.
If this email is received in error, please notify us immediately by
clicking "Reply" and delete the email. Please note that neither the Care
Quality Commission nor the sender accepts any responsibility for viruses
and it is your responsibility to scan or otherwise check this email and
any attachments. Any views expressed in this message are those of the
individual sender, except where the sender specifically states them to be
the views of the Care Quality Commission. Information on how the Care
Quality Commission processes personal data is available here
http://www.cqc.org.uk/about-us/our-polic...

References

Visible links
1. https://www.cqc.org.uk/contact-us
2. https://www.cqc.org.uk/about-us/our-poli...
3. mailto:[CQC request email]
4. https://www.cqc.org.uk/contact-us

Dear Information Access,

I have now forwarded (copy and paste) this to Emma Curtis as I have given CQC amply time to disclose and CQC have refused to do so.

Yours sincerely,

Sam Stone