In The News
Identifying a crisis and planning your response
Recent events have highlighted how poorly managed crises can severely impact an organisation's reputation, especially in the social care sector. The CQC is a prime example of this. Since the election, things have gone from bad to worse for the regulator, being branded 'not fit for purpose' by Health Secretary Wes Streeting following a damning interim report into its operations.
With its leadership team in flux and a new chief executive set to take over from the NHS, the lesson of the saga has been clear: without adequate crisis communications a bad headline can easily spiral into a crisis for even the largest of organisations.
Social care providers must, therefore, be prepared for the possibility of sudden, intense media scrutiny. A robust crisis communication strategy can help mitigate the damage and maintain trust with service users, families, and stakeholders.
One potential crisis is the closure of care homes due to financial instability, which can leave vulnerable individuals and their families anxious about their future. In these instances, providers must communicate clearly and compassionately, explaining what led to the closure, what alternative arrangements will be made, and how service users will be supported throughout the transition.
Experts like Professor Will Harvey of the Oxford University Centre for Corporate Reputation suggest that in such crises, providers generally need to take ownership of any mistakes, acknowledge the concerns of service users, and clearly communicate their plan for improvement. This includes outlining how they will continue to deliver high-quality results and regain trust after the crisis has passed. Although written in the context of the-then crisis engulfing the CBI, the lesson is equally true for care providers.
This highlights that thorough preparation is essential for an organisation to respond effectively to a crisis. But what constitutes best practices when developing a crisis communications strategy? Furthermore, how can providers manage the legal concerns that may arise once a crisis has unfolded?
Opinion: Laura Shelton, Partner at HCR Law
This month, we hear from Laura Shelton who shares her insights with us on managing crisis communications with a sharp legal focus, highlighting key principles for navigating the tension between transparency and legal protection.
Acting exclusively on behalf of health and social care providers, my team has become well-versed in managing crisis situations. The crises we encounter vary widely - from adverse regulator ratings to enforcement actions, ranging from warning notices to more severe, sometimes urgent, proceedings to cancel registrations.
Crisis management for care providers involves numerous challenges, and the complexity of the high-paced situation people are placed in can be overwhelming. Beyond the legal proceedings themselves, providers must also consider the reputational risks, media attention, and the impact on stakeholders -most notably, the individuals receiving care.
Preparing for a crisis
No provider can entirely eliminate the risk of a crisis. However, providers can minimise their exposure by ensuring strong governance systems are in place. This includes regular audits, up-to-date policies and procedures, and transparent mechanisms for risk assessment, incident reporting, analysis, and improvement.
No provider can entirely eliminate the risk of a crisis. However, providers can minimise their exposure by ensuring strong governance systems are in place.
Equally important is regular staff training on these procedures, allowing providers to demonstrate that, in the event of a serious incident, they have taken all appropriate steps. As part of this, maintaining thorough records of activities and actions taken in a home are critical to evidencing good practice is being maintained.
Interacting with regulators
Regulatory bodies often initiate what can become a communications crisis - through adverse inspection reports or publicised enforcement actions. Providers must be proactive in understanding the measures they can take to manage these communications. For instance, during an adverse inspection report, there may be a window to submit comments with factual accuracy to better support your case.
Additionally, providers can make representations to the CQC to prevent the publication of a warning notice, even if the notice itself isn't being contested. This is the stage where expert guidance is especially crucial, as these situations can be highly fact specific.
When dealing with Inquests, providers should also be aware of the potential for a Prevention of Future Deaths (PFD) report. A common misconception is that PFDs are only issued when a death results from specific actions or omissions. In fact, the Chief Coroner's guidance clarifies that PFDs can also be issued based on any concern that arises from the investigation. To minimise this risk, providers should thoroughly review and analyse the incident, make necessary improvements, and document those changes before the Inquest occurs.
If efforts to resolve communications at the regulatory level are unsuccessful, issuing a well-crafted public statement or press release can serve as a suitable final measure. By leveraging professional PR expertise and legal counsel, care providers are better placed to get their message out, both effectively and in a compliant manner.
While crises in care are often unpredictable and can present significant challenges, proactive planning and strategic action can greatly mitigate their impact. Ultimately, by preparing thoroughly and seeking professional guidance when needed, providers can navigate crises more effectively, ensuring continuity of care and maintaining trust with stakeholders, especially the individuals and families who rely on their services.
Expert Advice - Ensuring your care group is ‘crisis ready’
The trust and confidence that exists between care receivers, their loved ones and care providers is a fragile bond. Our Managing Director William Walter outlines how care providers can best prepare for crises and how they ought to act and react once the story breaks.
The social care sector operates where trust and accountability are paramount. With the wellbeing of vulnerable individuals at stake, any crisis can escalate quickly. Navigating such moments effectively is an important skill for any provider in the sector.
Prepare
Effective crisis management begins well before a crisis ever unfolds. For care providers, proactive preparation is key. This includes developing a clear, adaptable crisis communications plan that ensures your care organisation can respond swiftly and confidently when challenges arise.
An effective crisis comms plan involves detailed protocols for all staff to follow in the event that a journalist does make contact. These protocols should make clear who press enquiries should be directed to and their contact details. They should also include pre-prepared holding statements to be issued to buy you time.
Fostering relationships with third parties is also important. Establishing connections with local and trade journalists before a crisis occurs can pay dividends. By inviting them to events, sharing positive news, and being open about your work you can cultivate a reputation of transparency and trust. This can help to ensure that any media coverage surrounding a crisis event is covered in a broader, more sympathetic context rather than focusing solely on more negative aspects.
Get ahead
If you spot a crisis looming before it’s made public, often it’s better to take control of the story. Waiting for news to leak is rarely advantageous. Instead, proactively communicating it ahead of time, particularly to a sympathetic journalist, can help you to take control of the narrative.
Effective crisis management begins well before a crisis ever unfolds. For care providers, proactive preparation is key.
Informing journalists about the crisis before they hear it from other sources, providing a well-crafted statement acknowledging the situation, taking accountability, and outlining solutions can help to limit damage to your reputation and retain public confidence.
Accountability
But crises often come out of the blue. When they do, media management becomes critical. Before speaking to the press, ensure you fully grasp the details. Ambiguity can make you appear evasive and as though you lack full control of the situation. Transparency in a crisis can often be your ally. If an error occurs, acknowledge it, but also make clear how you will remedy it.
Equally important is the tone of communication. Social care is centred around people, and responses should reflect empathy and accountability. This doesn't mean dodging hard questions; rather, it means steering the conversation back to your key messages such as your values, commitment to improvement, and steps being taken to address the crisis.
Managing a crisis in social care goes beyond damage control: it's about preserving the trust of care receivers, their families, and the community. By preparing thoroughly, building media relationships, and responding with transparency and empathy, care providers can shield their reputations. Proactively and reactively controlling the narrative can make the difference between a crisis that undermines trust and one that ultimately reinforces your organisation’s integrity and commitment to those in your care.