Introduction 

This Memorandum of Understanding (MoU) sets out the framework to support the working relationship between the Care Quality Commission (CQC) and Local Government and Social Care Ombudsman (LGSCO), in order to safeguard the wellbeing of the public receiving health and social care in England.

The working relationship between CQC and LGSCO is part of the maintenance of a regulatory system for health and adult social care in England that promotes people’s safety and high-quality care.

CQC is the independent regulator of health and social care in England. LGSCO is the social care ombudsman for England. The responsibilities and functions of CQC and LGSCO are set out in Annex 1. Both organisations share a concern for the quality and safety of health and care services and recognise that the development of models of health and care service delivery requires closer cooperation between the two organisations.

This MoU does not override the statutory responsibilities and functions of CQC and LGSCO and is not enforceable in law. However, CQC and LGSCO are committed to working in ways that are consistent with the principles of this MoU. 

Principles of co-operation

This MoU is a statement of principle, which supports our focus on promoting patient and public safety and wellbeing. More detailed operational protocols and guidance can be developed as required. 

CQC and LGSCO intend that their working relationship be characterised by the following principles:

• The need for each organisation to make independent decisions that promote people’s safety and high-quality health and social care.
• Promoting equality and human rights and reducing health inequalities are considered throughout our work. 
• Respect for each organisation’s independent status and statutory responsibilities.
• The need to maintain public and professional confidence in the two organisations and the regulatory process.
• Openness and transparency between the two organisations as to when co-operation is, and is not, considered necessary and/or appropriate.
• The need to use resources effectively and efficiently.
• Addressing overlaps and gaps in the regulatory framework and working together to understand and align our data collection.
• The need to share information to assist with effective regulation and complaint handling which promotes safety and high-quality adult social care services and remedies injustice.
• The need to inform each other as soon as reasonably practicable of any matters that may require action or a response from the other.

Areas of co-operation

The working relationship between CQC and LGSCO involves co-operation in the following areas:

• Information sharing – there is a separate information sharing agreement that sets outs how the Ombudsman and CQC share information with each other through planned activity and when there is a need to respond to emerging, urgent concerns. We will continue to explore how best to improve and share useful information on a regular basis to ensure both organisations can carry out their roles effectively. 
• Exploring ways to develop more effective and efficient working relationships to remedy injustice and promote quality and safety within their respective remits.
• Keeping each other fully informed about developments in their services, approach and methodologies. The practical arrangements are set out in the information sharing agreement. 
• Giving each other adequate warning of and sufficient information about any planned announcements to the public that the other may need to know of, including sharing drafts of their proposals and publications, as early as possible where there is a direct impact for both. 
• Tackling inequalities and protecting and promoting people’s rights on known, or emerging, risks where there is joint strategic interest (for communities, people using services and the workforce)
• Holding strategic meetings at least annually to focus on:
  • Organisational relationship 
  • High level policy strategy
  • High risk casework
  • The regulatory and quality landscape in health and social care 

Meeting quarterly to:

• Oversee the operational relationship between the Ombudsman and CQC including this MOU and the Information Sharing Agreement.
• Oversee the strategic relationship between the Ombudsman and CQC.
• Initiate joint project working
• Share corporate information between both organisations including matters such as: 
  • Identifying high risk social care bodies;
  • Horizon scanning  key issues and organisations;
  • Developing  the regulatory landscape and quality framework;
  • The reorganisation and change of roles within the sector and the implications for regulatory activity, quality and complaints management;
  • Engaging with other regulators including Healthwatch England and Local Healthwatch.
• Discuss cases concerning individual complaints about a registered body practitioner which is also subject to regulatory activity monitoring by CQC.
• Discuss cases concerning individual complaints about a Local Authority with Adult Social Care responsibilities, which are also subject to regulatory activity by CQC.

Both organisations recognise that all processing of personal data (including the sharing of personal data) must be carried out in accordance with the General Data Protection Regulation, The Data Protection Act 2018, section 76 to 79 of the Health and Social Care Act 2008, The Human Rights Act 1998, and all relevant legislation relating to these matters and respective Codes of Practice, frameworks or other policies relating to confidential personal information and information issues. Both organisations agree that the sharing of personal data will be considered on a case-by-case basis and carried out in a manner consistent with the Data Sharing Code of Practice published by the Information Commissioner’s Office.

Both organisations recognise their responsibilities under the Freedom of Information Act 2000. Where either organisation receives a request under the Act for information received from the other, both organisations agree to take reasonable steps to consult on the proposed disclosure and the application of exemptions but recognise that the responsibility for disclosure lies with the organisation that received the request.

Resolution of disagreement

Where there is disagreement between CQC and LGSCO, this should be resolved in the first instance at working level. If this is not possible, it may be referred through those responsible for the management of this MoU, up to and including the Chief Executive of CQC and the Ombudsman, who will then be jointly responsible for ensuring a mutually satisfactory resolution.

Duration and review 

This MoU commences on the date of the signatures below. It is not time-limited and will continue to have effect unless the principles described above need to be altered and/or cease to be relevant.

This MoU will be reviewed every two to three years but may be reviewed at any time at the request of either party. Any alterations to the MoU will require both parties to agree.

Both organisations have identified a person responsible for the management of this MoU, and these ‘Relationship Leads' will liaise as required to ensure:

• This MoU is kept up to date.
• They identify any emerging issues in the working relationship between the organisations.
• They resolve any questions that arise regarding the interpretation of this MoU.

Signatures

Kate Terroni
Chief Executive (Interim)
Care Quality Commission
8 July 2024

Amerdeep Somal
Ombudsman
Local Government and Social Care Ombudsman
10 July 2024