Care standards to be passed into law

8 Jul 14
The Department of Health has confirmed that it will legislate to ensure fundamental standards of care are being followed by all health and social care providers.

By Richard Johnstone | 8 July 2014

The Department of Health has confirmed that it will legislate to ensure fundamental standards of care are being followed by all health and social care providers.

The new standards are being introduced as part of the government's response to the Francis Inquiry’s recommendations following failures of care at the NHS Mid Staffordshire trust and are intended to improve the quality of care by ensuring those responsible for poor care can be held to account.

Following a consultation, the Department of Health confirmed yesterday that legislation will set 11 fundamental standards of safety and quality that should always be met, and introduce criminal penalties for failing to meet them. The standards will also be used as part of the Care Quality Commission’s regulation and inspection of care providers, and the watchdog will be able to hold providers to account if standards are not being met, including through the courts where appropriate. Registration with the CQC will also be dependent on compliance.

The fundamental standards include a new duty of candour that will require NHS bodies to be open and transparent with service users about their care and treatment, particularly when it goes wrong.

Other standards require that: care and treatment be appropriate and reflect service users’ needs and preferences; care and treatment is provided in a safe way; service users are protected from abuse; and service users have their nutritional and hydration needs met.

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