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CQC warns Langford Park Limited that it is failing to protect the safety and welfare of people
13 June 2012
Regulator demands further improvement at Devon nursing home.
The Care Quality Commission has issued a formal warning to Langford Park Limitedthat it is facing enforcement action unless it makes urgent improvements to standards of care.
The warning notice follows an unannounced visit by inspectors to Langford Park nursing home near Exeter in April to follow up requirements made during a previous inspection. The provider had been told that it must improve arrangements for gaining and reviewing valid consent in relation to the care and treatment provided to people, especially people who may have impaired mental capacity.
On the latest inspection, inspectors found that the care home was still not complying with the regulation covering consent to care and treatment.
- Consent had not been obtained to complete a ‘do not resuscitate’ form. The home had not completed a formal assessment of an individual’s mental capacity and there was no evidence of a best interest decision having been made in line with the Mental Capacity Act 2005.
- Inspectors found that one person’s activity was restricted and controlled by the staff. The care plan indicated that as this person could not communicate verbally they did not have capacity. No mental capacity assessment had been completed regarding consent to the restriction and it was unclear how the decision to restrict this person’s activity had been made.
- Support staff had limited awareness of the Mental Capacity Act and a significant number of staff had not received training in the Act.
Ian Biggs, deputy director of CQC in the South said:
"The law says that these are the standards that everyone should be able to expect. Providers have a duty to ensure they are compliant and this cannot be allowed to continue.
“This warning sends a clear and public message that Langford Park Limited needs to address these issues as a matter of urgency or face serious consequences.
“We note that the provider has said that it will take action. Our inspectors will keep Langford Park nursing home under review, working closely with NHS Devon and Devon County Council to ensure that people are not at undue risk of harm.
“We will return in the near future and if we find that this nursing home is not making the required progress we won’t hesitate to use our legal powers to protect the people who use the service."
For further information please contact the CQC press office on 0207 448 9401 or out of hours on 07917 232 143.
Notes to editors
The warning notice finds that Langford Park Limitedis in breach of:
- Regulation 18, Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 Consent to care andtreatment
If the required improvements are not made within 21 days, CQC has a range of enforcement powers which include restricting the services that a provider can offer, or, in the most serious cases, suspending or cancelling a service. CQC can also issue financial penalty notices and cautions or prosecute the provider for failing to meet essential standards. Any regulatory decision that CQC takes is open to challenge by a registered person through a variety of internal and external appeal processes.