Regulating healthcare systems – Health and Safety Executive
The inquiry raised concerns about the limited scope with which the Health and Safety Executive (HSE) exercised its powers in relation to healthcare. And similarly, the constraints of the Care Quality Commission (CQC), as a healthcare regulator, to bring about a prosecution.
The inquiry highlighted a ‘regulatory gap’, as well as the need for clarity of roles and information sharing between the HSE and the organisations responsible for regulating the providers and healthcare professionals.
As part of a new set of fundamental standards, the CQC will, by 2014, be able to take more effective action where there are clear failures to meet basic standards.
The CQC will draw more on the expertise of the HSE in investigations and prosecutions. This will be achieved through a new agreement between the 2 organisations that will ensure better cooperation in sharing information.
The HSE will retain its powers to bring about prosecutions in health and social care in exceptional circumstances.
Recommendation 87Care Quality Commission powers of prosecution
Recommendation 88Access to Health and Safety Executive incident information
Recommendation 89Serious untoward incidents shared with Health and Safety Executive
Recommendation 90Health and Safety Executive should obtain expert evidence