ACTION REQUIRED – ALL CQC Regulated Care Providers

Important Information from the Department of Health and Social Care – The Enforcement Process for Completion of the Capacity Tracker is about to start.

Please read the message below from the Department of Health and Social Care which HCPA have been asked to circulate.  If you are not updating the Capacity Tracker, then you will need to start to avoid fines.

Dear Provider

DHSC Mandate Data Collection Via Capacity Tracker & Enforcement Mechanism

Since 31 July 2022 Adult Social Care Providers regulated by the CQC have been tasked to provide a mandate dataset of information relating to the care you provide. The availability of good quality, timely data is key to help improve services for users, support efficient commissioning and systems assurance, and manage national, regional, and local risks.

Although mandating data came into force on 31 July 2022, the rolling out the enforcement mechanism will not start until November 2022. The 3-month delay was to give providers time to get used to updating Capacity Tracker on a regular daily/weekly basis and to have updated the dataset at least once within DHSC ‘s reporting window between 8th – 14th of the Month.

As we are nearing the end of the 3-month rolling our period, I wanted to make you aware that the enforcement process will soon start. NHS Business Services Authority (NHSBSA) are the delivery partner that will collect and enforce any fines. The level of the fines will be the same as a provider’s CQC registration fee which is scaled to the provider type and size.

Please be aware that financial penalties will normally be the last step, and applied where:

  • a provider continues to be, or is persistently, in breach of their data obligations
  • and our delivery partner (NHSBSA) has reached out to offer guidance and support, but the provider is still not sharing their data, and has not made appropriate attempts to do so

We expect that from the first concern, the enforcement process will happen over a period of months, rather than weeks. A provider will always be given the opportunity to make representations as to why they have not supplied the required data and why a financial penalty should not be imposed. Even after a final penalty notice is issued, we expect that providers may be able to avoid a fine by providing the data required.

I have attached link to the: Adult social care provider information provisions: guidance for providers on data collection – GOV.UK (www.gov.uk)

And also, a link to the frequently asked questions document which explains in more detail the enforcement process: FAQ’s: Click Here

Please make sure you update your data on Capacity Tracker regularly, check that your provider details are up to date and remove any information that is no longer relevant. Last but not least please if you need any help

In completing the Tracker get in touch with the Contact Centre on 0191 6913729 or drop them an email necsu.capacitytracker@nhs.net

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