Since 1st April 2025, all care homes and domiciliary care services in Wales are now inspected against a new ratings system by the Care Inspectorate Wales (CIW). These ratings are similar to how the Care Quality Commission (CQC) rate homes and domiciliary support services in England.
All care homes and domiciliary support services across Wales will now be rated across four key areas:
- Wellbeing
- Care and support
- Leadership and management
- Environment
Each of these four areas will be awarded a rating of either:
- Excellent
- Good
- Needs improvement
- Poor
Whilst the CIW have implemented this change from 1st April 2025, the CIW have advised that it may take up to two years for all care homes and domiciliary support services to be inspected and awarded these new ratings.
Once a care provider has been inspected and rated, the ratings will be available to the public within published inspection reports on the CIW website and providers will also now be required to display these ratings online, and on the premises. It is hoped that these changes will have many benefits including the ability to allow for people to make an informed decision on whether to use a service; encourage continuous improvement; and allow for more transparency across the care sector in Wales. From a provider’s perspective, it is also hoped that this will provide recognition for excellent care; help promote and develop their reputation in the sector; motivate workers; and provide focused guidance on areas for improvement.
Commenting on these changes, the Chief Inspector at CIW, Gillian Baranski, stated as follows:
“This new ratings system will help people make informed choices about care services while supporting providers to continuously enhance the quality of care they deliver.
Most care in Wales is good care. Ratings will highlight what is working well and support improvement where needed across Wales.”
How can you challenge a CIW inspection report or rating?
Following an inspection, care providers should expect to receive their draft inspection report within 25 working days. Once a draft inspection report is received, providers will have 10 working days to request a review of the report, and its ratings, in relation to its factual accuracy or the completeness of the evidence relied upon to form the inspection judgments and ratings within the report. This timescale will only be extended in exceptional circumstances with agreement from the inspector.
The request for a review is dealt with in two stages:
Stage 1
Any request for a review of a draft inspection report must clearly state the grounds for the request; the parts of the report each ground relates to; and provide supporting evidence. The inspector will then consider this challenge and will amend the report as required and re-issue an updated report to the provider. Before doing so, the inspector may also request further supporting evidence in relation to the request for a review. This can result in a change to both the findings and ratings within the report but where it does not, the reasons for this decision should be set out in writing to a provider. A decision on the request for a review is usually provided within 5 working days of receiving the request for a review of a rating, although this timeframe can be extended.
Stage 2
If a provider is unhappy with the outcome of the review at Stage 1, the provider can appeal this decision within 5 working days of receiving the CIW’s decision at Stage 1. The appeal can be made on the same grounds, namely factual accuracy or the completeness of the evidence.
The appeal will usually be considered by a CIW manager with no responsibility for the inspector involved and will be responded to within 5 working days of receiving the appeal. The CIW manager’s decision will be notified to the provider in writing and the final report will then be published.
How can our CIW lawyers help?
At Stephensons, our specialist CIW lawyers have significant experience of representing care providers across England and Wales and assisting with successful challenges of CIW and CQC inspection reports and ratings through the CIW’s request for a review and/or the CQC’s factual accuracy process (which you can read more about here).
Receiving an inspection report with inspection judgements or ratings which you feel do not match the quality of care you provide as a service can be disappointing and we understand how this can have a negative impact on various factors including your reputation as a business; new admissions to a service; as well as new and existing contracts and funding packages. However, you do not have to accept these ratings and you have the opportunity to challenge a draft inspection report where you have viable grounds and can support these by robust documentary evidence. It is vital that you seek early specialist legal advice as soon as you receive your draft inspection report to allow sufficient time for our specialist CIW lawyers to advise you, assist you in making the appropriate representations, and to increase your chances of successfully challenging the inspection report or ratings.
If you have received a draft inspection report and wish to challenge the CIW’s judgments and ratings, our specialist CIW solicitors can assist you with compiling a robust and detailed response to the CIW to place you in the best possible position and successfully change the report or ratings. For a confidential discussion with one of our specialist CIW lawyers, please contact us on 0161 696 6250 or complete our online enquiry form.
By Laura Hannah and Sohaib Shafqat from our regulatory law department
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