Pravin Fernando

Call 2009

Pravin Fernando | Call 2009

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Overview

Pravin has considerable experience of healthcare regulation. He provides first rate advisory work and advocacy in all aspects of regulated activities. He acts for both the Care Quality Commission and service providers.

Healthcare Regulatory

Pravin is regularly instructed on issues concerning urgent and slow closure orders under the Health and Social Care Act 2008. He is highly regarded for his ability to assimilate information quickly which is often immediately following a CQC inspection. He has expertise in all aspects of enforcement action taken by the CQC and has provided seminars on the same. Pravin is also available to provide advice and representation in appeals made to the First Tier Tribunal. He also appears in cases concerning the Health and Safety Executive.

cases & work of note

A Care Home v CQC – appeal to the First Tier Tribunal (Health, Education and Social Care Chamber) concerning the CQC’s decision to not remove or vary the condition of registration for the non-provision of nursing care. The refusal was made after a site inspection that concluded the service provider could not assure safe and effective nursing care provision.

CQC v GP Surgery – application to the magistrates’ court for an urgent closure order under section 30 of the Health and Social Care Act 2008 concerning a GP surgery following inspection which revealed serious concerns to patient safety, including GP clinics being run by non-qualified individuals.

CQC v A Care Home – application to magistrates’ court for an urgent closure order concerning a care home where there were serious deficiencies in the provision of nursing and personal care. The case was complicated due to the local authority did not support the closure order due to their inability to house the residents.

HSE v NHS Trust – prosecution concerning burn sustained during surgery due to the use of an inappropriate surgical warming blanket.

reflections

This is an area that has become more and more important over recent years. The reality is that this area will only continue to grow. This is in part due to changes to the inspection regime made by the CQC. The CQC conducts nearly 20,000 inspections per year. A small proportion of these result in enforcement action, but that can range from special measures to prosecution. The most serious of course is cancellation of registration and prosecutions.

“My work with local authorities and clinical commissioning groups assists in the understanding of many of the practical consequences that can commonly arise.”

Whether the case concerns a GP practice or a care home the prospect of enforcement action is a stressful process especially given the potential financial and reputational repercussions than can arise. In respect of the CQC their inspectors and experts are often under considerable pressure to account for their views given the seriousness of the consequences to the service provider. They will often have to provide coherent witness statements at short notice. There are also often important practical consequences such as relocating residents from one care home to another. My work with local authorities and clinical commissioning groups assists in the understanding of many of the practical consequences that can commonly arise.