Oluku v Care Quality Commission

Summary: With thanks to Lucy Series for bringing this case to our attention, we note briefly this appeal against the cancellation of the registration of a manager of a care home which was determined last year.

A carer's secretly recorded video footage of widespread abuse in a residential care home led to the successful conviction of two members of staff under MCA s.44 and the removal of a number of residents. The case is of particular interest because the Tribunal acknowledged that a failure to have all the necessary DoLS paperwork could breach regulation 11(2) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 because it would mean that a care home manager did not have suitable arrangements in place to protect service users against the risk of such control or restraint being unlawful or otherwise excessive.

Aside from this decision, there is a real concern that the Care Quality Commission is not being adequately notified of DoLS applications. Regulation 18 of the Care Quality Commission (Registration) Regulations 2009 requires hospitals and care homes to notify them of DoLS applications. Although there has been an increase in reporting, the CQC is not notified of a substantial number, as highlighted in chapter 3 of their report, Monitoring the use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2011/12.