This inspection took place on 6 March 2018 and was unannounced. We also returned on the 8 and 12 March 2018. The provider and manager were given notice of the other dates, as we needed to spend specific time with them to discuss aspects of the inspection and to gather further information. This inspection was prompted in part by information shared with CQC about the potential concerns around the management of people's care needs. This inspection examined those risks.Prior to this inspection we carried out an unannounced focussed inspection of this service on 11 July 2017, we found a breach of Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. We had been alerted to an incident where, on the advice of a healthcare professional, one person's controlled drugs had been given to another person. This was not in line with the provider's own medication policy. This incident had placed the person at risk of harm and prompted our responsive inspection. We concluded that, not all medicines were managed safely. We also found audits had not identified the errors we found. Some audits could not be located and the registered manager at that time did not have clear oversight of all the issues related to the safe management of medicines.
Previous to the focused inspection we completed an unannounced comprehensive inspection of this service on 16 March 2017 and found the provider to be fully compliant with the Regulations. We rated the key questions is the service safe, effective, caring, responsive and well led as good.
At this inspection we found that insufficient improvements had been made following our previous focused inspection. We identified a continuing breach in the Health and Social Care Act regulations relating to medication and found additional breaches of Regulation.
The overall rating for this service is 'Inadequate' and the service is therefore in 'special measures'. Services in special measures will be kept under review and, if we have not taken immediate action to propose to cancel the provider's registration of the service, will be inspected again within six months. The expectation is that providers found to have been providing inadequate care should have made significant improvements within this timeframe.
If not enough improvement is made within this timeframe so that there is still 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 this service. This will lead to cancelling their registration or to varying the terms of their registration within six months if they do not improve. This service will continue to 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 so there is still a rating of inadequate for any key question or overall, we will take action to prevent the provider from operating this service. This will lead to cancelling their registration or to varying the terms of their 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.
Nightingale is a 'care home'. People in care homes receive accommodation and nursing or personal care as single package under one contractual agreement. CQC regulates both the premises and the care provided, and both were looked at during this inspection. The care home accommodates people in one adapted building. Nightingale care home accommodates 47 people, some were living with dementia. At the time of the inspection there were 31 people living at the home.
A recently appointed manager was in post and had submitted their application to register with CQC. 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 2008 and associated Regulations about how the service is run. The previous registered manager continued to work at Nightingale Care Home under the supervision of the new manager. Their role and responsibilities had not yet been agreed at the time of our visit.
Risks to people's health and wellbeing were not appropriately assessed and reviewed. Care plans were not sufficiently detailed to provide an accurate description of people's care and support needs.
Although the provider had systems in place to protect people from harm, we found these were not always effective. The majority of staff were trained in safeguarding adults yet the training was not always implemented in practice whilst supporting people. Staff told us they were aware of their responsibility to keep people safe however, they failed to identify some of the practices within the home which were abusive and breached people's rights to receive safe, respectful and dignified care. At the time of our visit, we requested the manager to complete a safeguarding referral to Norfolk local authority safeguarding team reporting our findings. Following our visit, we also contacted the local authority to share our concerns.
People were supported by staff who had not been safely recruited. The previous registered manager had not completed all the appropriate and standard safety recruitment checks to ensure staff were safe to provide care to people. We found insufficient staffing levels to support people's needs and people did not always receive care and support when required. The manager agreed with our findings at the time of inspection and following our inspection, had reassessed the needs of people, resulting in the staffing levels being increased by an additional 7.5 hours per day. This also meant the service was enabled to be more flexible to meet people’s needs.
Staff had completed training on the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards (DoLS). Applications had been made to the local authority for DoLS however, thorough assessments had not been carried out on people’s mental capacity prior to the applications being made. We found staff lacked understanding about the Mental Capacity Act 2005, Deprivation of Liberty Safeguards, and obtaining consent and carrying out care and support in people's best interests. There were restrictions and interventions being used, imposed on people that did not consider their ability to make individual decisions for themselves, as required under the MCA Code of Practice. At the time of our inspection, the manager agreed with our findings and had started the process of reassessing people’s needs.
We identified gaps in training provided to staff. In spite of staff's best efforts and hard work to provide care in a supportive and friendly way, they lacked experience and training. This had resulted in negative outcomes for people being cared for. Some staff had received an appraisal of their work performance but most had not received regular support and supervision. There was also a lack of team meetings and opportunities for staff to learn and discuss best practice. Resulting in staff feeling unsupported and opportunities missed in identifying inconsistencies in staff knowledge and practice.
We found that people's privacy, dignity and independence were not always respected and promoted. We had to intervene on several occasions to ensure people received safe and appropriate care. Staff did not always engage with people when given the opportunity. People, who used the service, or their representatives, were not always encouraged to contribute to the planning of their care.
People who remained in their bedrooms lacked social stimulation and few opportunities to engage in activities were recorded.
Although processes were in place to deal with people's complaints and concerns if received, we were not satisfied the provider operated an effective accessible system for identifying complaints. There had been no documented complaints since June 2011. We found no evidence the provider sought and acted on feedback from people using the service, those acting on their behalf, staff and other stakeholders, so that they can continually evaluate the service and drive improvement.
There was no shared understanding of the service's vision and values and a culture of task-centred instead of person-centred care was embedded. Systems in the service that were meant to monitor and identify improvements were not effective and records were not always maintained and completed in full. This lack of effective governance led to all people not receiving safe and consistent care. The care plans for people using the service were incomplete or did not contain up to date and regularly reviewed information. This meant staff were not able to perform their duties efficiently.
People were provided with a variety of meals and the menu catered for any specialist dietary needs or preferences. People were supported to maintain a healthy balanced diet through the provision of nutritious food and drink by staff who understood their dietary preferences. We observed communal mealtimes where people ate together.
People's health care needs were assessed, monitored and recorded. Referrals for assessment and treatment were made when needed and people received regular health checks. People's rooms were decorated in line with their personal preferences.
For people who were mobile and able to access the lounge, there was a strong emphasis on meeting people's emotional well-being through the provision of meaningful social activities and opportunities. These people were offered a wide range of individua