Lord Mawson – 2016 Parliamentary Question to the Department of Health
The below Parliamentary question was asked by Lord Mawson on 2016-02-11.
To ask Her Majesty’s Government why forensic medical services are an exception under Schedule 2 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014; why such healthcare services are considered equivalent to other healthcare settings and whether they are subject to the same level of scrutiny; and whether they plan to amend those Regulations to allow the Care Quality Commission powers of inspection of healthcare facilities in police custody.
Lord Prior of Brampton
The Care Quality Commission (CQC) document The scope of registration (CQC, 2015) includes a section about those health and care services that lie outside its duties to regulate, and for which providers are not required to register. Within this section, the document classes forensic medical services as a “third party exemption”, because these services are commissioned and paid for directly by police bodies, which are considered to be the “customer” of these services. This differs from healthcare services commissioned and funded by the National Health Service, in which services are arranged and organised for the benefit of patients. A copy of The scope of registration is attached.
Nevertheless, the CQC regularly takes part in joint inspections of police healthcare services, in partnership with Her Majesty’s Inspectorate of Constabulary and Her Majesty’s Inspectorate of Probation. The Department, with the CQC and others, is currently considering whether to amend Schedule 2 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 in order to remove the current exemption, and strengthen the CQC’s contribution to these joint inspection arrangements.
