Tribunal backs CQC refusal to register private hospital
28 Jan 2011 11:13 AM
A care standards tribunal has upheld a decision by the Care Quality Commission to refuse to register a private hospital in Rotherham.
CQC inspectors had rejected an application by Rotherham Private Hospital Ltd to be registered as the provider of services at the Birkdale Clinic, Clifton Lane, Rotherham. At that time the application was made, the Birkdale Clinic was being run by Parkfield Hospital Limited, which later went into administration and registration was subsequently cancelled.
The tribunal in Liverpool was told that inspectors who visited the hospital in
June 2009 found that it was not meeting 31 standards covering safety, clinical and cost effectiveness, governance, patient focus and the care environment. CQC made 49 requirements for improvement.
Rotherham Private Hospital Limited appealed against CQC's decision to refuse registration, claiming that the decision relied on the 2009 inspections which related to the old company, which was a different legal entity to Rotherham Private Hospital Ltd.
Dr Promod Bhatnagar, the responsible person for Parkfield Hospital Limited and sole director of Rotherham Private Hospital Limited and gave evidence at the hearing.
In its judgement, the tribunal noted that it was to be the same management team, same premises and same working practices under both companies. The panel said that the inspections demonstrated a very wide range of failings which were a disgrace to the provider.
Jo Dent, regional director of CQC in Yorkshire and Humberside welcomed the panel's unanimous decision to dismiss the appeal.
She said: "The panel concluded that this hospital was meeting only half of the national minimum standards.
"The corporate view was that they didn't matter so long as nothing serious has happened to the patients. As a result of the breaches, safety was potentially compromised to such an extent that a very serious incident could quite easily have occurred.
“The panel noted that part of Dr Bhatnagar’s evidence raised serious concerns about his attitude to compliance with basic standards.
“It had been alleged that CQC’s staff had shown bias in their dealings with Dr Bhatnagar and his companies. I am pleased to note that the tribunal rejected these allegations outright and concluded that CQC staff had acted professionally throughout.”
For further information please contact the CQC press office on 0207 448 9401 or out of hours on 07917 232 143.
About the Care Quality Commission
The Care Quality Commission (CQC) is the independent regulator of all health and adult social care in England. Our aim is to make sure that better care is provided for everyone, whether it is in hospital, in care homes, in people’s own homes, or anywhere else that care is provided. We also seek to protect the interests of people whose rights are restricted under the Mental Health Act. We promote the rights and interests of people who use services and we have a wide range of enforcement powers to take action on their behalf if services are unacceptably poor.
We are introducing a new regulatory system that brings the NHS, independent healthcare and adult social care under a single set of essential standards of quality and safety for the first time. We register health and adult social care services if they meet essential standards, we monitor them to make sure that they continue to do so and we respond quickly if there are concerns that standards are not being maintained. We rely on people who use services and those who care for and treat them to tell us about the quality and safety of services. This feedback is a vital part of our dynamic system of regulation which places the views, experiences, health and wellbeing of people who use services at its centre.