CQC fines North Yorkshire nursing home £2,500 for failure to comply with regulations

28 February 2014

A care provider which failed to notify the Care Quality Commission in line with legal requirements has been issued with fines totalling £2,500.

CQC issued two fixed penalty notices to Molescroft Nursing Home (Holdings) Limited following the provider’s failure to inform the commission about a positive legionella test result, and of changes to the management at Holy Name Care Home in Hall Road, Hull, North Yorkshire.

Following routine testing on 23 September 2013, five of nine water samples taken at Holy Name Care Home had tested positive for Legionella. Although the provider took action to protect people’s safety, they did not report the situation to CQC as is required under Regulation 18 of the Health and Social Care Act.

Additionally, following an inspection at the home on 11 October 2013 it became apparent that the provider had not notified CQC of the suspension of the manager as is required under Regulation 15 of the Health and Social Care Act.

In the light of this direct failure to meet legally required national standards, CQC issued two fixed penalty notices of £1,250 each, which the provider has accepted and paid.

Malcolm Bower-Brown, CQC’s Regional Director (North) said:

“Every provider has a legal duty to ensure that it meets national care standards to ensure residents receive the service they are entitled to expect. 

“Failure to notify CQC of serious issues or events that have the potential to impact directly on the safety and welfare of residents is unacceptable.

“Molescroft Nursing Home (Holdings) Limited has now paid the fines in full and we will continue to monitor the home closely as part of our regulatory responsibilities.  .

Ends

For further information please contact CQC Regional Communications Officer, Kirstin Hannaford on 0191 233 3629.

The CQC press office can be contacted on 0207 448 9401 or out of hours on 07917 232 143.

Notes to editors

You can find reports on this provider at: Holy Name Care Home

CQC has issued three fixed penalty notices to Molescroft Nursing Home (Holdings) Limited, for its failure to meet:  

• Regulation 15 Health and Social Care Act (Regulated Activities) Regulations 2010, Notification of changes
• Regulation 18 Health and Social Care Act (Regulated Activities) Regulations 2010, Notification of other incidents

Under the Health and Social Care Act 2008, CQC can serve a penalty notice when a registered person has failed to comply with the Act, and we consider that swiftly achieving compliance without beginning proceedings is a realistic alternative to prosecution.

Any fixed penalty paid to CQC must be repaid by CQC to the Secretary of State.  The legal requirements and associated fines are set out in:

CQC has a range of enforcement powers which include restricting the services that a provider can offer, or, in the most serious cases, suspending or cancelling a service. CQC can also issue financial penalty notices and cautions or prosecute the provider for failing to meet essential standards.   Any regulatory decision that CQC takes is open to challenge by a registered person through a variety of internal and external appeal processes.