You don’t have to look further than Winterbourne View and Whorlton Hall to understand how bad things get when the NHS fails to uphold Article 3. It’s not much to ask that a Government-funded hospital, regularly inspected by professional health and care professionals. But let’s look at how many breaches there are here:
Articles 1,3,4,5,6, 7 and 8.
Well, that’s enough for a start. But of more concern is CQCs breach of Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. It is unacceptable the CQC can say it’s hard to inspect such cruel and heartless regimes. CQC deputy chief inspector Dr Paul Lelliott said it was “now clear we missed what was going on”. “This illustrates how difficult it is to get under the skin of this type of ‘closed culture’,” he added. It’s worth noting the same company ran Winterbourne View and Whorlton Hall.
CQC has not been fit for purpose for some time and change is needed at both NHS England and CQC to replace the complacent and lazy leadership.