We have recently had interaction with CQC via a local PA who received a letter stating that they may have breached section 10 (regulated activity) of the Health & Social Care Act. The letter provided the PA with three options:
– register the organisation as a registered provider;
– stop the regulated activity;
– write to CQC explaining that they are mistaken.
In this case it appeared to be a PA with a slightly over-optimistic website painting a picture of a larger organisation operating over a wide area – in short over-marketing; the PA is in the process of explaining the mis-representation and hopefully changing the wording on my suggestion
However, the subsequent exchange with CQC demonstrated that they do not have a complete understanding of what lone PAs do, or even how PAs might support each other without transgressing section 10. We had already briefed PAs with the attached document (CQC exemption). We subsequently received CQC’s guidance (20120223_800), which is more aimed at organisations. To prevent further misunderstandings, we have invited our local registration officer to our next PA forum.
I would be interested to hear whether other SwC areas have experienced similar contacts/ discussions. It feels like a big risk area.
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If you decide to use a business from the scheme you will be entering into a contract with them and not your Local Authority or Trading Standards South East Ltd.
We will make reasonable efforts, including monitoring customer comments and carrying out checks and reviews, to check that businesses comply with the terms of the scheme and treat customers safely and fairly but occasionally things may go wrong.
In particular we do not:
· Guarantee the financial status of any business
· Accept any liability for any goods or services provided by any business
· Guarantee the quality or condition of any goods or services provided by any business
· Guarantee that the price of goods and services supplied is competitive relative to any other business.