The New Fundamental Standards have emerged as a result of the scandals associated with Winterbourne View and The Mid Staffordshire NHS Foundation Trust, both of which received national media coverage. An enquiry was commissioned by the government led by Sir Robert Francis QC.
The report published by Sir Robert Francis was critical of the Care Quality Commission. The report made a number of recommendations that included the need for Fundamental Standards that should be clear and be able to be understood and accepted by providers, patients and the public.
Sir Robert Francis also recommended that as the standards would be simpler and therefore more easily understood, failure to comply should lead to more significant penalties for providers. Francis proposed that CQC should have the powers to act without the need for notification (warning notice) if the risk is deemed significant.
These principles led to the creation of the new inspection model that CQC have been using since October 2014.
The 5 Key Questions
- Are they safe?
- Are they effective?
- Are they caring?
- Are they responsive?
- Are they well-led?
Below the five Key Questions sits the Key lines of Enquiry (KLOE) and the additional prompts. Confused? Most people are!
The new regulations setting out the Fundamental Standards of Quality are legislated within the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Alongside the introduction of this new legislation, two new regulations come into force, 1. New Fit and Proper Persons Test for Directors and 2. New Duty of Candour.
The old 16 Outcomes relating most closely to care are replaced with 11 new fundamental standards from April 2015. The old guidance for providers, The Essential Standards of Quality & Safety is replaced by Provider Handbooks, specific to service type and Guidance For Providers On Meeting the Regulations.
Despite CQC claiming the regulations are more focused, many providers are confused by the new operations and inspection model.
Trust Care Solutions are offering training sessions and subsequent workshops with regards to the Fundamental Standards, click here to see training courses.