Care Standards Tribunal, 2019-07-09 (The Lime Trees Residential Care Homes Limited v CQC)
| Jurisdiction | United Kingdom |
| Registration Number | 2018/3428/EA |
| Date | 09 July 2019 |
| Court | Care Standards Tribunal |
[2019] UKFTT 0433 (HESC)
Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
FIRST-TIER TRIBUNAL
HEALTH EDUCATION AND SOCIAL CARE CHAMBER
CARE STANDARDS [2018] 3428.EA
Judge G K Sinclair
Specialist member C Joffe
Specialist member M Cann
Between :–
THE LIME TREES RESIDENTIAL CARE HOMES LTD Appellant
and
CARE QUALITY COMMISSION Respondent
DECISION
Before the tribunal sitting at the Royal Courts of Justice on 18th, 19th & 20th June
2019
Representation For the appellant : Margaret
Hodgson (counsel)
For the respondent : Alexander
dos Santos (counsel)
The appeal para 1
Background paras 2–10
Material legal provisions paras 11–18
Grounds of appeal para 19
Hearing and evidence paras 20–79
Discussion paras 80–86
The decision
The appeal
[2019] UKFTT 0433 (HESC)
1. The appellant company is a provider of accommodation for persons who require
nursing or personal care. By application dated 14th August 2018 it appeals
against the notice of decision by the Care Quality Commission dated 18th July
2018 to cancel its registration as a service provider.
Background
2. The appellant company, the registered office of which is at 2 The Limes
Avenue, New Southgate, Enfield, London N11 1RG, was incorporated on 19th
April 1995 and was in its early days involved in the provision of residential care,
but in recent years and until his unfortunate death in early October 2016 the
business was being run personally by its principal director, Mr Aloysius
Onyerindu. Since then his widow, Mrs Helen Frances Onyerindu, has been the
company’s sole director. She had assisted him in the running of the business,
but as senior carer rather than as someone involved in management. Following
her husband’s death she employed Clement Ilesanmi A pejua to manage the
business for her, but in time this was transferred to the company, which then
applied to the CQC for registration. After the usual enquiries the company was
registered on 5th March 2018 as a service provider of the following regulated
activity: Accommodation for persons who require nursing or personal care
at the address 2–4 The Limes Avenue, London N11 1RG.
3. On the same date Ugochinyere Diane Onyerindu (the deceased’s daughter)
became nominated individual and Clement Ilesanmi Apejua became registered
manager.
4. From the outset the conditions imposed on the registered provider were that:
1) The registered provider must ensure that the regulated activities are
managed by an individual who is a registered manager in respect of each
regulated activity at Lime Trees
2) The registered provider must only accommodate a maximum of 20
service users at Lime Trees
3) The registered provider must not provide nursing care under
accommodation for persons who require nursing or personal care.
5. An unannounced inspection of the appellant took place on 13th, 15th & 19th
March 2018, following which a notice of decision was issued on 23rd March
2018 to impose as a new condition on the appellant’s registration that:
The registered person must not provide accommodation for persons who
require nursing or personal care to any new service user at The Lime
Trees Residential Care Home, 2–4 The Limes Avenue, London N11
1RG without the prior written agreement of the Care Quality
Commission.
6. Following an appeal by the appellant that decision was upheld, the tribunal
finding in its decision dated 4th May 2018
1
that there was reasonable cause to
believe that unless the respondent acted any person will or may be exposed to
risk of harm.
1
The Lime Trees Residential Care Home Ltd v CQC [2018] 3311.EA-MoU
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