CQC responds to the Health and Safety Executive’s prosecution of Basildon and Thurrock University Hospitals NHS Foundation Trust

In response to the Health and Safety Executive’s prosecution of Basildon and Thurrock University Hospitals NHS Foundation Trust, Nigel Ellis, head of national inspection at the Care Quality Commission, said:

“The death of Kyle Flack was an absolute tragedy. It is clear that Kyle did not receive care appropriate for his needs, and this should never be allowed to happen again.

“We have been looking extremely closely at the quality of care for people with learning disabilities at the trust, including visits, to gain assurance that lessons have been learned.

“This involves working closely with the HSE to rigorously review policies and procedures, and to assess whether recommendations in the Ombudsman’s national report on learning disabilities, ‘Six lives’, have been implemented. We will report our full findings in due course.

“We will take all information we hold about the trust into account to inform our decision about its registration, which begins on 1 April. We will take any action that is necessary to ensure that this trust does everything that it should.”

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Notes to editors


The Care Quality Commission (CQC) is the independent regulator of all health and adult social care in England. We inspect all health and adult social care services in England, whether they're provided by the NHS, local authorities, private companies or voluntary organisations. We also seek to protect the interests of people whose rights are restricted under the Mental Health Act. We make sure that essential common standards of quality are met everywhere care is provided, from hospitals to private care homes, and we work towards their improvement.
Registration

The Health and Social Care Act 2008 introduced a new, single registration system that applies to both health and adult social care. The new system will make sure that people can expect services to meet new essential standards of quality and safety that respect their dignity and protect their rights. The new system is focused on outcomes, rather than systems and processes, and places the views and experiences of people who use services at its centre.

From April 2010, all health and adult social care providers will be required by law to be registered with CQC and must show that they are meeting the essential standards. Registration isn’t just about initial application for registration. We will continuously monitor compliance with the essential standards as part of a new, more dynamic, responsive and robust system of regulation. We have a wide range of enforcement powers to take if services are unacceptably poor.