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CQC warns Mandalay care home, Folkestone, that it is failing to protect the safety and welfare of people

14 March 2012
Stargate Partnership Limited
  • Media,
  • Care homes without nursing

14 March 2012

The Care Quality Commission (CQC) has issued a formal warning to Stargate Partnership Limited that it must make urgent improvements to standards of care provided at a care home in Folkestone, Kent.

Three warning notices have been issued following an unannounced inspection of Mandalay in January.

Inspectors found that care records for people living at the home were not always clear and did not show how their individual needs would be met. While records stated that decisions had been taken, they did always not state the reasons why they had been taken. In one example, furniture had been removed from a room to stop it being used to barricade the door. Lack of rationale for this decision did not show how this risk and any further behaviour would be managed safely. Some care plans also failed to include assessments of mental capacity for people with dementia.

Inspectors identified that medicine records were not always up to date for people living in the home. Guidance was not always available on how staff should support people in taking their medicine, especially when refusals took place. Where people were responsible for managing their own medicine, there was not always evidence that this was being monitored.

Inspectors also found that, while audits had identified gaps in the care planning process, there was no evidence to show what changes had been made to the process as a result. Effective systems were not in place to protect people living at the home from the possibility of receiving inappropriate care.

Ian Biggs, Deputy Director of CQC in the South, said:

"The standards of quality and safety in care that CQC checks are those that the law says everyone should expect. These standards exist to protect vulnerable people – who cannot always speak up for themselves – from being put at risk of harm.

“Providers have a duty to make sure that the care and treatment they deliver meets the essential standards that everyone is legally entitled to expect. This warning sends a clear message that the issues at Mandalay need to be addressed as a matter of priority.

“Our inspectors will return in the near future to carry out another unannounced inspection. If we find that the home is not making the required progress we won’t hesitate to use our legal powers to protect the people who live there."


For further information please contact the CQC press office on 0207 448 9239 or out of hours on 07917 232143.

Notes to editors

CQC will publish further details of the inspectors’ findings in a review of compliance on its website at a later date.

The warning notices find that Stargate Partnership Limited is in breach of:

  • Regulation 9 (1)(a)(b)(i)(ii) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (Outcome 4) Care and welfare of people
  • Regulation 10(1)(a)(b)(2)(c)(i) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (Outcome 16) Assessing and monitoring the quality of service provision
  • Regulation 13 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (Outcome 9) Management of medicines

CQC has issued warning notices which required the provider to take action to meet the regulatory requirements by 5 March 2012. 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.