This inspection took place on 29 November 2016, 1 and 7 December 2016. Days one and two were unannounced and day three was announced. At the last inspection in February 2016 we found the provider was in breach of four regulations related to medicines and the premises, the need for consent, person centred care and quality assurance. We also issued a fixed penalty notice as the provider did not have the current CQC rating of the home on display. At this inspection in November/December 2016 we found the provider was still in breach of three of these regulations and was in breach of an additional two regulations related to staffing and fit and proper persons employed. The provider had made improvements in some areas; care plans were more informative on people’s care needs and gave guidance for staff on care needs. The certificates to show the home was maintained safely were available and in date. We also saw the current CQC rating for the home was on display.
Harewood Court provides nursing and personal care for up to 40 people. The service is divided into two units with the second floor accommodating people who are living with dementia.
There was a registered manager in post. A registered manager is a person who has registered with the Care Quality Commission to manage the service. Like registered providers they are ‘registered persons’. Registered persons have legal responsibility for meeting the requirements in the Health and Social Care Act and associated Regulations about how the service is run.
Medicines management was not safe and we found some issues we identified at our last inspection in February 2016 had not been addressed. This continued to put people at risk of not receiving their medication as prescribed.
One person told us there were not enough staff and one person said staff did not come when they needed them. They also said they sometimes received their medication late. We found people were not always cared for, or supported by, enough skilled and experienced staff to meet their needs. There was only one nurse on duty at all times; to cover two floors of the home. The registered manager calculated staffing requirements on people’s level of funding and not their individual assessed needs.
Recruitment procedures were in place. However, for one staff member we found their Disclosure and Barring Service (DBS) check had not been checked for their employment at this home. The DBS checks assist employers in making safer recruitment decisions by checking prospective staff members are not barred from working with vulnerable people. For another staff member, their DBS had an error within it which could have affected the validity of the DBS.
The provider’s disciplinary procedures had not always been followed when concerns had been raised about staff member’s fitness and ability to carry out their duties. Systems in place were not robust and records did not clearly show the actions taken in these circumstances to ensure staff’s practice was safe.
Care plans we looked at contained risk assessments associated with people’s care and support needs which staff understood and followed to keep people safe. We saw there was a positive atmosphere in the service and people who used the service had developed good relationships with the staff team. Staff could recognise abuse and knew what action to take to ensure people’s safety.
We found the service was not fully meeting the legal requirements relating to the Mental Capacity Act 2005 (MCA) and these were the same concerns we raised at our inspection in February 2016. Mental capacity assessments were not specific to the decisions being assessed and there was conflicting information within capacity assessments which made it unclear as to whether people had capacity to make their own decisions. Mental capacity assessments undertaken were confusing and contradictory and showed a lack of understanding of the principles of the MCA.
Where people lacked capacity, relatives, staff and other health and social care professionals were not always consulted and involved in making decisions in each person’s ‘best interest’.
Deprivation of Liberty Safeguards (DoLS) records showed two people’s had expired and applications for renewal had not been made until after the expired date. There was a risk people could be being deprived of their liberty illegally.
Overall, we saw staff training was updated regularly. However, records showed some staff had not completed training in MCA and one of these staff had completed a number of the MCA assessments where we saw there were shortfalls. Nursing staff had not all received a check of their competence to administer medication. Staff had regular supervision; however, this was not a two way process of communication between the supervisor and the person being supervised.
People were supported to eat and drink well and to maintain a varied balanced diet of their choice. Culturally appropriate food was provided for people; with a twice weekly Caribbean option on offer.
Overall, people had access to healthcare facilities and support that met their needs. However, we found the instructions of a health professional had been overlooked for a number of months which put the person’s health at risk and for another person the instructions had not been transferred in to the person’s care plan.
People received support from staff who knew them well. People’s dignity and privacy was, in the main, respected. Care records showed people’s needs were identified and responded to in a person centred way. Information was written in a person-centred way. However, daily notes were not completed in detail to show how people spent their day.
There were procedures in place to ensure the provider responded appropriately to any complaints they received and information was displayed about how people could make formal complaints.
People were provided with a range of activity within the home and most people we spoke with said they were satisfied with this. However, we saw there were times when people received no interaction and stimulation and were falling asleep; sometimes in uncomfortable positions.
Staff spoke positively about the registered manager. They said they were approachable and communicated well on the needs of the service and what was expected of staff.
There were systems in place to monitor the quality and safety of the service provided. However, these were not fully effective. Actions to improve the service were sometimes identified but then not followed up and addressed. The audits used had failed to highlight any of the concerns and discrepancies we found at this inspection.
We found shortfalls in the care and service provided to people. We found a number of breaches of the Health and Social Care Act 2008 (Regulated Activities) regulations 2014.
The overall rating for this provider is 'Inadequate'. This means that it has been placed into 'Special
measures' by CQC. The purpose of special measures is to:
• Ensure that providers found to be providing inadequate care significantly improve.
• Provide a framework within which we use our enforcement powers in response to inadequate care and work with, or signpost to, other organisations in the system to ensure improvements are made.
• Provide a clear timeframe within which providers must improve the quality of care they provide or we will seek to take further action, for example cancel their registration.
Services placed in special measures will be inspected again within six months. If insufficient improvements have been made such that there remains a rating of inadequate for any key question or overall, we will take action in line with our enforcement procedures to begin the process of preventing the provider from operating the service. This will lead to cancelling their registration or to varying the terms of their registration within six months if they do not improve. The service will be kept under review and if needed could be escalated to urgent enforcement action.
Where necessary, another inspection will be conducted within a further six months, and if there is not enough improvement we will move to close the service by adopting our proposal to vary the provider's registration to remove this location or cancel the provider's registration.
For adult social care services the maximum time for being in special measures will usually be no more than 12 months. If the service has demonstrated improvements when we inspect it and it is no longer rated as inadequate for any of the five key questions it will no longer be in special measures.