CQC enforcement - DAC Beachcroft
Click to view more

CQC enforcement

The CQC has made clear that it is not afraid to use its enforcement powers where needed, including its power to bring criminal prosecutions against health and social care providers in the event of serious breaches.

Getting the right advice in the event of CQC enforcement action can make all the difference in terms of outcome for providers. Our CQC team can provide that expert support in relation to the full range of CQC enforcement powers, from assistance with responding to Warning Notices through to defending criminal prosecutions.

How we can help

We can advise independent and public sector providers in relation to:

  • Prospects of success and drafting representations about Warning Notices and their publication;
  • Representations about Notices of Proposal relating to conditions on registration and suspension/cancellation of registration;
  • Appeals to the First Tier Tribunal about Notices of Decision relating to conditions, suspension/cancellation of registration and urgent cancellation orders;
  • Emergency advice in the event of s.31 interventions;
  • Advice and support during CQC investigations, including disclosure issues and preparing/accompanying Registered Managers and/or nominated individuals at interviews under caution for regulatory breach; and
  • Prospects and defence of criminal prosecutions if charges are brought.

Examples of our work

  • Successful withdrawal of Warning Notices following representations  within acute provision;
  • Successfully challenging a Notice of Proposal for cancellation of a care home provider's registration following alleged breaches, including failing to provide safe care and treatment and to safeguard service users from abuse;
  • Securing a stay on First Tier Tribunal procedures in order to allow time for re-inspection and turnaround on compliance;
  • Providing advice and representation to a care home provider in an interview under caution with the CQC following alleged breach of safe care and treatment obligations;
  • Advising on response to the CQC's threatened use of emergency powers under section 31 within LD services (urgent suspension of  registration); and
  • Advising on complex disclosure and actions following Regulation 12 concerns and Regulation 17 governance overlay to the risk of Regulation 12 prosecution proceeding.

Related Articles

Our Lawyers View All

Our Lawyers - Shahjahan Ali

Shahjahan Ali

Partner, Head of Immigration Bristol

Shahjahan is a partner and Head of Immigration at DAC Beachcroft…

Our Lawyers - Christopher Briggs

Christopher Briggs

Partner Manchester

Christopher Briggs has practiced in the healthcare sector since…

Our Lawyers - Lisa Broderick

Lisa Broderick

Partner Dublin

Lisa has significant and broad expertise in defending commercial…

Our Lawyers - Christian Carr

Christian Carr

Associate Manchester

Regulation of professionals in the health and care sector Christian…

Our Lawyers - Simon Cheverst

Simon Cheverst

Senior Associate London - Walbrook

Simon is a healthcare regulatory lawyer based in our London office who…

Our Lawyers - Belinda Dix

Belinda Dix

Partner Winchester

Belinda Dix is a healthcare regulatory lawyer in our London and Winchester…

Our Lawyers - Sarah Dobson

Sarah Dobson

Senior Associate Bristol

Sarah Dobson advises both independent and public sector health and social…

Our Lawyers - Sean Doherty

Sean Doherty

Partner Leeds

Sean Doherty is a clinical risk lawyer in our Leeds and Manchester…

Our Lawyers - Hamza Drabu

Hamza Drabu

Partner London - Walbrook

Hamza Drabu is a commercial lawyer who specialises in advising…

Our Lawyers - Joanne Fletcher

Joanne Fletcher

Senior Associate Manchester

Joanne Fletcher is an Associate in the Healthcare and Clinical Risk Team…

Our Lawyers - Ailbhe Gallagher

Ailbhe Gallagher

Senior Associate Dublin

Ailbhe is a litigation lawyer in our Dublin office…

Our Lawyers - Fiona Gill

Fiona Gill

Partner London - Walbrook

Fiona Gill is a partner in the London SHE team specialising in health and…

Our Lawyers - Jemma Gillson

Jemma Gillson

Senior Associate Newcastle

Jemma Gillson has been advising on mental health and capacity law since…

Our Lawyers - Diane Hallatt

Diane Hallatt

Partner Leeds

Diane Hallett has extensive knowledge of clinical negligence, Judicial…

Our Lawyers - Anna Hart

Anna Hart

Senior Associate Newcastle

Anna Hart is a Senior Associate in our Healthcare Regulatory Team and also…

Our Lawyers - Aidan Healy

Aidan Healy

Legal Director Dublin

Aidan Healy joined DAC Beachcroft Dublin in 2014, after having trained and…

Our Lawyers - Helen Kingston

Helen Kingston

Consultant Newcastle

Helen Kingston has extensive experience advising NHS Trusts, local…

Our Lawyers - Hilary Larter

Hilary Larter

Consultant Leeds

Hilary specialises in both contentious and non-contentious employment law,…

Our Lawyers - Tracey Longfield

Tracey Longfield

Partner Leeds

Tracey is a Partner in our Healthcare Regulatory Team and also a member of…

Our Lawyers - Paul McGough

Paul McGough

Partner Leeds

Paul is a Partner in our Healthcare Regulatory Team in Leeds…

Our Lawyers - Niamh McKeever

Niamh McKeever

Partner Dublin

Niamh is an experienced solicitor who has a broad range of experience…

Our Lawyers - Nigel Montgomery

Nigel Montgomery

Partner, Head of Health Bristol

Nigel Montgomery acts on behalf of the NHSLA, NHS Trusts, and the MDU…

Our Lawyers - Brian Ormond

Brian Ormond

Senior Associate Dublin

Brian joined DAC Beachcroft Dublin in February 2017 having worked in a…

Our Lawyers - Michael Rawlinson

Michael Rawlinson

Barrister (Associate) Leeds

Michael is an experienced Barrister and was called to the Bar in 2002…

Our Lawyers - Karen Rawsthorne

Karen Rawsthorne

Senior Associate Manchester

Karen has more than 20 years' experience of healthcare defence work…

Our Lawyers - Robyn Reed

Robyn Reed

Senior Associate Leeds

Robyn is a senior associate in our Healthcare Regulatory Team and also a…

Our Lawyers - Gary Rice

Gary Rice

Partner Dublin

Gary is an experienced regulatory, information and commercial law…

Our Lawyers - Bridget Salaman

Bridget Salaman

LLP Group Secretary Manchester

Bridget is the LLP Group Secretary of DAC Beachcroft LLP and supports the…

Our Lawyers - Niall Sexton

Niall Sexton

Associate Dublin

Niall joined DAC Beachcroft in 2015 from a US based law firm in London…

Our Lawyers - Ash Sharma

Ash Sharma

Associate Birmingham

Ash is a criminal law specialist who is based in our Birmingham office…

Our Lawyers - Corinne Slingo

Corinne Slingo

Partner Bristol

Corinne leads the national Healthcare Regulatory team advising on all…

Our Lawyers - Gill Weatherill

Gill Weatherill

Partner Newcastle

Gill is a partner in our Healthcare Regulatory team specialising in mental…

Our Lawyers - Rhiannon Webster

Rhiannon Webster

Partner London - Walbrook

Rhiannon is a specialist information lawyer with considerable expertise in…

Our Lawyers - Louise Wiltshire

Louise Wiltshire

Partner Bristol

Louise is experienced in representing healthcare professionals during…

Our Lawyers - Sarah Woods

Sarah Woods

Senior Associate Bristol

Sarah is a Senior Associate in the Healthcare Regulatory Team and since…

Expertise