Ask Sheila

Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

Sheila Scott OBE from National Care Association (NCA). Care is Sheila’s life; she possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business and as a leader in the care sector.

Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.

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Latest Questions

Should a Care Home Send a Person with Dementia to Hospital Unaccompanied?

Should a care home send someone with DoLs (dementia) in place unaccompanied to hospital or should they send a member of staff until family can get there?

 Dear R, I believe that someone living in a care home who has dementia should never be sent to hospital unaccompanied. I know that this can be a real challenge at some...

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Acts and Guidelines most Applicable to Quality Management in Health and Social Care

Which acts and guidelines are currently most applicable or legally required to be complied with regarding quality management in H&SC?

 Dear A, Thank you for your question. All the information that you require is on the Care Quality Commission (CQC) website. There are some differences between the regulations and guidance for health...

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Can you dismiss a pregnant employee?

Can you dismiss someone for repeated sickness when they are pregnant? Also, would they be entitled to maternity leave from the company if they have been sick a lot throughout the year?

 Dear J, Thank you for your important question. We sent it to Chris King at Napthens who are our employment law experts. This is what Chris said: You can dismiss someone for repeated...

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Should an independent self-employed carer, who provides services to more than one client, be registered with CQC?

I work with many clients who use private funds or direct payments, or a mixture of both, to directly employ care and support staff. Separate to this they might also have one or two carers assisting them who are set up as self-employed, and will invoice the client for the hours they do each month. Should an independent self-employed carer, who provides services to more than one client, be registered with CQC in their own right?

 Dear N, Thank you for your question. As far as I am aware, there is no requirement now or any immediate intention in the future, for what I call Personal Employers who...

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Do we still need a nominated individual?

Hi Sheila,
If in scenario when applying to register as a new provider and they apply to have two Registered Managers, would CQC still require a nominated individual? Or would it be acceptable that the Company (directors & partners) as a whole are responsible for running the service?
Thanks D

 Dear D, If you refer to Regulation 6: Requirement where the service provider is a body other than a partnership; Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 which you can...

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Will there ever be legislation regarding acceptable and safe levels of staffing?

I find it difficult to accept that the CQC has no role to play in enforcement, advisory or otherwise, in determining what is an acceptable level of staff in care homes. Whilst I appreciate there is no legislation covering this and the standards set by the CQC are open to interpretation and ambiguous at best, why on earth leave it to the discretion of management when they are bound by a budget set by the proprietor and accountants?

 

I suppose what I’m asking you is do you think there will ever be legislation to force care owners to comply with an acceptable and safe level of staffing?

 Dear L, Thank you for your question. I think the first thing I should say is that the Care Quality Commission absolutely does have a key role to play in the enforcement of...

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What might they ask me at a fit person interview?

I’m due to have the CQC fit person interview for registered managers.

Do you have a list of potential questions they may ask me?

 Dear L, I am afraid I don't have a list of questions but .... I hope you have looked at CQC's website for the answer to your question. This is what they...

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Apron and gloves to assist with dressing and washing?

We are a registered care home for adult placement and can I ask if it is necessary to wear an apron and gloves if supporting residents to dress and wash when there is no evidence of incontinence on their bedding or their clothing?

 Dear M, Thank you for your question. The reasons for wearing gloves and aprons is, of course, to prevent and control the spread of infection. Regulation 12: Safe care and treatment Health and Social...

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How much notice should an employer give regarding shifts?

I work in the care industry part time as I have a young child to take care of. How long should an employer give notice for shifts?

 Dear A, Thank you for your question. I asked Chris King at Napthens Solicitors, our employment law experts, for his comments about your question. This is his response: An employer should give an employee...

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Who should I contact if I have concerns about a resident with learning disabilities living in a care home?

Hi,

I have concerns about a resident with learning disabilities in a care home. However, the care home only has three residents and is therefore deregistered I believe. Who would I contact please?

Thank you

Dear Judith,Thank you for your question.All care homes have to be registered with the Care Quality Commission (CQC).If it is a form of housing that you are talking about with...

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