CQC fines Gateshead care home £8,000 for failure to meet national care standards

18 January 2013

A care provider which failed persistently to comply with national standards required for the safe management of medicines and care and welfare of people using services, has been issued with two fines of £4,000 by the Care Quality Commission.

CQC issued the fixed penalty notices to Rosewood Care LLP, registered provider of Rosewood House, 7 Kyle Road, Teams, Gateshead, which provides accommodation and nursing care for up to 78 people.  

Rosewood Care LLP, had been formally told that it was facing legal action after concerns were identified at two unannounced inspections in April and May 2012.

At the visit in April the provider was failing to plan and deliver care and treatment in a way that ensured people’s safety and welfare.

At a second unannounced inspection in May, inspectors found that the provider was also failing to ensure that people were protected against the risks associated with the unsafe use and management of medicines.

In respect of both visits, CQC served a warning notice on Rosewood Care LLP instructing it to improve or face further action.

The Commission undertook a further inspection on 3 and 4 July 2012 to check compliance with both warning notices The required improvements had not been made.

Inspectors found that:

• Appropriate arrangements were not in place to regularly assess people’s individual care and treatment needs.
• Care and treatment was not being delivered to people in line with their individual care plans and was therefore failing to meet their specific needs.
• Accidents and incidents occurring in the home were not being effectively monitored, or followed up to prevent their re-occurrence.
• The medicine records for some people were not accurately maintained because there were gaps where administration of medicines had not been recorded, or other important medicines information was missing.
• Some medications could not be administered because supplies had run out and not replenished to ensure a continued supply.

Subsequently CQC issued two fixed penalty notices, which the provider has accepted and paid.

Following CQC’s intervention, Rosewood Care LLP has now taken action to achieve compliance. A report of its latest inspection, in November, has been published on the CQC website.

Malcolm Bower-Brown, CQC’s director in the North said:

“It is a provider’s legal duty to ensure that it has appropriate arrangements in place to manage medicines in a safe way.

“Earlier this year, we inspected Rosewood House and warned Rosewood Care LLP that they must make urgent improvements.

“It was a matter of great concern that three months later we found that residents of Rosewood House were still not receiving medication properly and that standards of care had not improved, in line with legal requirements.

“The law sets out national standards that everyone who uses services should be able to expect. Providers have a duty to ensure they meet these standards. Our decision to fine this provider sends a clear and public message that persistent failure to meet national standards will not be tolerated.

“Although the provider has now taken action to achieve compliance, we will keep Rosewood Care LLP under review to ensure that the improvements we have found in our most recent inspection are sustained.  We will not hesitate to take further action if necessary to ensure residents receive the service they are entitled to expect.”

Ends

For further information please contact the CQC Regional Communications Team, David Fryer 07901 514 220 or Kirstin Hannaford 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

CQC has issued a fixed penalty notice to Rosewood Care LLP, for its failure to meet:

• Regulation 9 and 13 Health and Social Care Act (Regulated Activities) Regulations 2010, Care and welfare of people who use services and Management of medicines.

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

Any fixed penalty paid to CQC under section 86 of the Act must be repaid by CQC to the Secretary of State.  The legal requirements and associated fines are set out in our Enforcement Policy which you can read below.

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.