Member

I turn to Amendment 53. The code of practice offers statutory guidance for functions under the Act, with a legally binding duty to follow it unless there are strong reasons not to do so. I know that noble Lords understand that there will be cases where departing from the code is necessary to achieve the best outcome; this is the advantage of guidance over legislation. However, such cases should be rare and strongly justified. CQC monitors the implementation of the code of practice and raises concerns through its monitoring reports and inspections. Breaches of CQC regulations due to departures from the code will affect a provider’s rating. Where a patient’s rights or safeguards are breached resulting in harm, remedial actions—including legal and disciplinary measures—are in place, regardless of whether the breach stems from departure from the code.