Enforcement Activity Definitions
Where RQIA identifies concerns in relation to a service - whether through its regulatory activity or other intelligence sources (including information from care staff, service users or family members) additional inspections may take place. In addition, where necessary enforcement action may also take place to ensure the safety and wellbeing of service users. Prior to the issue of a notice RQIA meets with the service provider to detail its concerns, and advises the provider that RQIA publishes details of all enforcement notices to ensure service users are aware of any issues within a registered service.
What is a Notice of Failure to Comply with Regulations?
These are issued where RQIA has identified a serious or repeated breach in regulations. A formal notice is issued and compliance required within a stated timeframe, determined by the urgency of the matter (this can be no longer than 90 days). The provider can make written representation to RQIA within 28 days of issue on any point of law or fact regarding the notice. Where compliance is not achieved, further enforcement action may take place.
What is a Notice of Proposal to Cancel, Refuse, Vary, Remove or Impose Conditions on Registration?
Where a provider has significantly breached regulations or failed to address the improvements required within a notice of failure to comply with regulations, RQIA may move to propose to place conditions on the registration of the service/provider. The provider has right to make written representation to RQIA for a 28 day period concerning any matter of dispute. During this period RQIA will continue to make an assessment of the provider’s compliance with regulations and may lift the notice the notice of proposal if the provider has demonstrated sustained compliance/improvement in the service.
What is a Notice of Decision?
Following the issue of a notice of proposal that has not been disputed by the provider, and where the service/provider has not yet achieved compliance with regulations, RQIA will issue a notice of decision to place conditions of registration on the service/ provider. In this case the provider has right to make an appeal to the Care Tribunal within 28 days concerning any matter of dispute. Should no appeal be made, and where the provider has not achieved compliance with regulations, conditions of registration will be placed on the registration of the service/provider. During this period RQIA will continue to make an assessment of the provider’s compliance with regulations and may lift the notice of decision if the provider has demonstrated sustained compliance/improvement in the service.
It should be noted that while enforcement action is underway, RQIA may increase the level of inspection and monitoring at the service to ensure the safety and wellbeing of those using the service.