CQC in legal battle with private provider over ‘inadequate’ report

An independent patient transport provider is taking legal action against the Care Quality Commission (CQC) after an inspection led to it being unable to operate for nearly three months.

The company, called Specialist Medical Transport (SMT), transports many mental health patients between hospitals, and is used by numerous NHS commissioners and trusts.

Its “north” division, which is based in North Shields, North Tyneside, was unable to operate between the middle of January and the end of March, which it says has led to reputational damage and loss of revenue. 

The inspectors, who visited in response to concerns raised by a whistleblower, found issues with paperwork on employment, risk assessments, and use of restrictive practices, including of some patients effectively in a “cell”, or handcuffed, in an ambulance. The CQC was also critical of the lack of processes to ensure patients had medicines, food, drink and access to toilets during the journey.

However, SMT successfully appealed the CQC’s notice of decision at a first tier tribunal, which found the regulator’s decision “was not necessary, reasonable or proportionate”. 

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Source: HSJ, 19 June 2023