Judge tells CQC to reconsider inspection report and rating due to “real possibility” of bias
In a recent case the judge ordered the CQC to reconsider an inspection report and rating due to the apparent bias of an inspector. This shows a way to challenge inspection reports, ratings and enforcement action against care homes, even though the case involved private hospitals. For example, it may be possible for a care home to challenge if an inspector has complained about care provided to a relative.
The case involved private hospitals run by Cygnet Health Care Ltd. One of the CQC’s inspectors, referred to as ‘AA’, was previously an inpatient at two of Cygnet’s hospitals where he was detained under the Mental Health Act 1983. During his detention AA made serious complaints about his care and treatment at both hospitals.
One of Cygnet’s claims was the CQC should have withdrawn an inspection report in relation to Cygnet Acer, Chesterfield due to the possibility of AA being biased. The report followed a focused inspection. The hospital was rated as being inadequate overall by reference to whether or not it was safe and well-led. The inspection concluded it failed to actively minimise risks to patients, failed to ensure there were sufficient qualified nursing staff and failed to effectively identify and learn from incidents, including serious incidents. The hospital was placed into special measures.
Cygnet’s claim was made using a court process known as judicial review. The judge was asked to intervene in decisions of the CQC.
The judge needed to decide whether, due to AA previously being an inpatient, there was apparent bias and, if there was, whether it made the report and rating unreliable. The test for apparent bias is whether a fair-minded and informed observer, having considered all the relevant facts, would conclude there was a real possibility of bias. The judge found there was a real possibility of bias and the inspection was tainted.
The judge ordered the CQC to reconsider the report and rating.
The report and rating would have survived if, without the bias, they were highly likely to be substantially the same. This was not the case.
It is worth highlighting that, for Cygnet to succeed, Cygnet did not need to prove the apparent bias had an effect. Cygnet just needed to show there was a real possibility of bias.
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If an inspector may have been biased against you or you would like to challenge other action by the CQC please contact our care homes team.
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