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CQC warns Mimosa Healthcare (No. 4) Limited that it is failing to protect the safety and welfare of people
5 April 2012
The Care Quality Commission has issued a formal warning to Mimosa Healthcare (No. 4) Limitedstating that it must make urgent improvements to standards of care or face further action.
The warning follows an unannounced visit by CQC inspectors to the Parklands Care Home, Wombwell, Barnsley on 15 March 2012.
Inspectors found that registered provider, Mimosa Healthcare (No.4) Limited, was failing to meet the essential standards of quality and safety:
Inspectors asked for and were given three care plan audits, which had been completed by a Mimosa Quality & Compliance Manager. We found these had been completed on the 12 March 2012, three days before our inspection, and the care documentation audit reports showed a range of concerns relating to people’s care.
We could not be satisfied that treatment for people who used the service at Parklands Care Home was meeting people’s needs.
Amanda Sherlock, Director of Operations for CQC 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.
“This warning sends a clear and public message that Mimosa Healthcare (No.4) Limited needs to address this issue as a matter of urgency or face serious consequences.
“Our inspectors will return to the Parklands Care Home in the near future and if we find that the provider is not making the required progress we won’t hesitate to use our legal powers to protect the people who live there".
For media enquires, please contact the CQC regional communications team; David Fryer on 07901 514220 or Kirstin Hannaford 0191 233 3629 or the CQC press office on 0207 448 9401 or out of hours on 07917 232 143.
Notes to editors
The warning notice finds that Mimosa Healthcare (No.4) Limited the Registered Provider is in breach of Regulation 9 of the Health and Social Care Act 2008 (Regulated Activities) 2010 (the Regulated Activities Regulations 2010).
Regulation 9, Care and welfare of service users, which states
9- (1) The registered person must take proper steps to ensure that each service user is protected against the risks of receiving care or treatment that is inappropriate or unsafe by means of –
(a) the carrying out of an assessment of the needs of the service user: and
(b) the planning and delivery of care and, where appropriate, treatment in such a way as to-
(i) meet the service user’s needs,
(ii) ensure the welfare and safety of the service user,
(iii) reflect, where appropriate, published research evidence and guidance issued by the appropriate professional and expert bodies as to good practice in relation to such care and treatment, and
(iv) avoid unlawful discrimination including, where applicable, by providing for the making of reasonable adjustments in service provision to meet the service user’s individual needs.
(2) The registered person must have procedures in place for dealing with emergencies which are reasonably expected to arise from time to time and which would, if they arose, affect, or be likely to affect, the provision of services, in order to mitigate the risks arising from such emergencies to service users..
A deadline of 31st March 2012 has been given for improvement. If this deadline is not met, 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.