In recently published CQC inspection reports I found a mix of positive and negatives that provide a snapshot of variations in the application of the MCA.
1600 inspections were completed - 952 for care homes and 385 services in the person’s own home. Of these 578 and 265 respectively were judged to be outstanding or good. At the other end of the spectrum 58 and 20 were considered to be inadequate.
There are many factors that contribute to the difference between inspection outcomes; in the ‘effective’ category, knowledge and application of the MCA and DoLS was key to the ratings. CQC Regulation 11, where failure to comply can lead to prosecution, is reflected in most comments on failings or, otherwise, to secure consent before delivering care or treatment.
It is re-assuring that the majority of providers are getting to grips with the MCA and consent but many are still failing in this. It is worth pointing out that 416 providers were identified as requiring improvement and a percentage of these will have received that rating due to their failure to adequately comply with the MCA.
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