Care home bosses have lost a court battle to block publication of a highly critical report of their standards.
Ideal Carehomes attempted to get a High Court injunction to prevent Care Quality Commission (CQC) criticism about Ashworth Grange in Dewsbury.
The home has been put in special measures after inspectors found it to be “inadequate” for the second time.
Officials from the CQC performed a surprise visit last September after a tip off that there were insufficient senior staff on duty at night.
On review they found several holes in the home’s rotas and a host of other issues including residents left sitting in their own urine soaked clothes.
The home was already on notice after being put in special measures in 2016.
Now only months on from improving its rating, it is back in special measures again.
The CQC has revealed it successfully defended its right to publish its report at the High Court last Friday.
The judge refused Ideal Carehomes' application, awarding the CQC full costs of more than £15,000.
But bosses at Ideal Carehomes have issued a strongly worded statement saying they will continue their legal action and have claimed that the report contains inaccuracies.
Debbie Westhead, Deputy Chief Inspector of Adult Social Care, said: “It is our duty to ensure that health and social care services provide people with safe, effective, compassionate, high-quality care.
“People have the right to know the quality of care they are receiving – in this case a service that was inadequate.
“We have a statutory responsibility to publish the reports of our inspection, as confirmed by the High Court in this case.
“Our inspection found that Ideal Carehomes (Number One) Limited has continued to let down the people in its care, and must improve.
“In the meantime we will monitor Ashworth Grange and work closely with Kirklees Council to ensure that people are safe from harm.”
The report the firm tried to cover up has now been published at the CQC website.
It says inspectors found several breaches of regulations of the Health and Social Care Act.
Specific criticisms included insufficient staff, a lack of action over safety concerns, medicines not being managed safely, lack of awareness of fire evacuation responsibilities and a failure to resolve the previous breaches discovered by CQC officials.
Officials also found people were not being safeguarded from abuse or improper treatment.
It says: ”During our inspection, staff told us that on occasions when they arrived for the day shift, people were found wet due to incontinence, people were wearing clothes they wore the previous day and sensors used to monitor people’s movements had been switched off.
“We found the manager had not notified us regarding these safeguarding concerns.”
Another breach concerned staff sneaking medication into a patient’s jam sandwiches when they refused to take it.
Inspectors also discovered one member of staff had begun working before their criminal record checks – the so called DBS check – had been confirmed as clear.
Homes put in special measures have six to 12 months to demonstrate significant improvement or they could be shut down.
Paul Farmer, managing director at Ideal Carehomes, said: “Despite the decision of the court to allow publication, Ideal Carehomes is still challenging the findings of the report.
“Ideal Carehomes is devastated that our residents and their relatives have to read this report about the place they live as it is not a true or accurate reflection of their home.
“This is the reason we sought an injunction whilst proceedings are ongoing with our challenge on the report findings.
“We are determined to show to our residents and their relatives that the CQC report contains material inaccuracies.
“CQC plays an important role in monitoring the quality of care services and following all our inspections we always reflect carefully on what they have found about our service.
“This supports our internal monitoring processes.
“Whilst there is always some discussion around findings and interpretations during the CQC reporting process, it is rare that our own views on the service diverge as significantly from CQC’s as they do in the case of Ashworth Grange.
“On this occasion, we refute a number of the findings of the CQC inspection of Ashworth Grange, which took place four months ago, in the strongest terms.
“We believe the CQC report of Ashworth Grange demonstrates a selective focus upon matters that support their negative view of the service without substantive evidence.
“We continue to legally challenge CQC’s report.
“In order to ensure we are looking critically at the service, we had an independent third-party company undertake an assessment of the home in December 2017 based on CQC measures of compliance.
“The independent third-party stated they considered the home was “Good”.
“We have booked a further independent assessment, by a different external third-party assessor, on 25th and 26th January to ensure that the home is continuing to operate under “Good” compliance.
“We welcome CQC’s statement today that they will continue to monitor Ashworth Grange and work with Kirklees Council.
“To date CQC has declined our requests for a reinspection from them.
“We look forward to their reassessment of the home.
“Kirklees Council visited Ashworth Grange in December as part of their contracts monitoring and did not raise any concerns about provision of care in the home.
“Notwithstanding the points made above, Ideal Carehomes does recognise there were areas for improvement and we have implemented a number of changes.
“For example, having reviewed our previous CQC reports and reflecting on the more frequent areas requiring improvement, we have acknowledged that the quality of our written care plans has been in need of greater consistency and more in-depth monitoring.
“As a result, we have identified that the introduction of electronic care planning will significantly benefit our caring service and this is currently being rolled out across all our care homes.
“Ashworth Grange was transitioning to electronic care plans at the time of the inspection.
“We are grateful for the continued support of our residents.
“Their comments to inspectors demonstrate that they feel safe and well cared for by our caring staff.
“Improvements in the home and investment by us in making the home a great place to live will continue as ever.”