Ideal loses High Court challenge in CQC row

Ideal Carehomes have lost an attempt at the High Court to stop the Care Quality Commission publishing a report that said Ashworth Grange care home in Dewsbury West Yorkshire was rated ‘inadequate’.

During an inspection in September 2017, CQC found that the provider was failing to provide care as required by regulations.   

At the High Court, Ideal Carehomes applied for an injunction to prevent CQC publishing the report. The judge refused the application, awarding CQC full costs of more than £15,000. 

Paul Farmer

Paul Farmer managing director of Ideal Carehomes, said: “Despite the decision of the court to allow publication, Ideal Carehomes is still challenging the findings of the report. 

Ideal Carehomes is devastated that our residents and their relatives have to read this report about the place they live as it is not a true or accurate reflection of their home. This is the reason we sought an injunction whilst proceedings are ongoing with our challenge on the report findings. We are determined to show to our residents and their relatives that the CQC report contains material inaccuracies. 

CQC plays an important role in monitoring the quality of care services and following all our inspections we always reflect carefully on what they have found about our service. Whilst there is always some discussion around findings and interpretations during the CQC reporting process, it is rare that our own views on the service diverge as significantly from CQC’s as they do in the case of Ashworth Grange.

On this occasion, we refute a number of the findings of the CQC inspection of Ashworth Grange, which took place four months ago, in the strongest terms. We believe the CQC report of Ashworth Grange demonstrates a selective focus upon matters that support their negative view of the service without substantive evidence. We continue to legally challenge CQC’s report. 

In order to ensure we are looking critically at the service, we had an independent third-party company undertake an assessment of the home in December 2017 based on CQC measures of compliance. The independent third-party stated they considered the home was “Good”. We have booked a further independent assessment, by a different external third-party assessor, on 25th and 26th January to ensure that the home is continuing to operate under “Good” compliance.

We welcome CQC’s statement that they will continue to monitor Ashworth Grange and work with Kirklees Council. To date CQC has declined our requests for a reinspection from them.  We look forward to their reassessment of the home. Kirklees Council visited Ashworth Grange in December as part of their contracts monitoring and did not raise any concerns about provision of care in the home. 

Ideal Carehomes does recognise there were areas for improvement and we have implemented a number of changes. For example, having reviewed our previous CQC reports and reflecting on the more frequent areas requiring improvement, we have acknowledged that the quality of our written care plans has been in need of greater consistency and more in-depth monitoring. As a result, we have identified that the introduction of electronic care planning will significantly benefit our caring service and this is currently being rolled out across all our care homes. Ashworth Grange was transitioning to electronic care plans at the time of the inspection.”

Debbie Westhead, CQC

Debbie Westhead, deputy chief inspector of Adult Social Care, said: “It is our duty to ensure that health and social care services provide people with safe, effective, compassionate, high-quality care.

“People have the right to know the quality of care they are receiving – in this case a service that was Inadequate. We have a statutory responsibility to publish the reports of our inspection, as confirmed by the High Court in this case.

“Our inspection found that Ideal Carehomes (Number One) Limited has continued to let down the people in its care, and must improve. In the meantime we will monitor Ashworth Grange and work closely with Kirklees Council to ensure that people are safe from harm.” 


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