Clinical regulatory
By Corinne Slingo
For all the latest news and comment in clinical regulatory healthcare law
CQC Enforcement Action
Since 1 April 2015, the CQC has been the lead regulator in taking enforcement action against registered providers in the event of a breach of safety and other breaches of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The CQC has already started to exercise its powers to bring criminal prosecutions for breaches of its Regulations.
Our clients benefit from our Healthcare Regulatory team's specialist criminal expertise in this area. We provide expert support to independent and public sector providers in the event of CQC enforcement action, from responding to Warning Notices through to defending criminal prosecutions.
We are able to advise independent and public sector providers in relation to:
- advising and supporting providers during criminal investigations by the CQC
- providing 24/7 emergency support, including attendance and advice at interviews under caution with the CQC
- strategic advice to reduce the risk of prosecution
- we are very experienced in the defence of criminal prosecutions if charges are brought
Examples of our work:
- providing advice and representation to a care home provider in an interview under caution with the CQC following an alleged breach of safe care and treatment obligations
- providing advice to a care home provider in respect of the risks of prosecution following alleged failures to provide safe care and treatment and advising in respect of the penalties and strategy to reduce risk of prosecution
- attending an interview under caution with a provider for conducting a regulated activity without registration
Related Collections
Health Adviser
By Nigel Montgomery
This collection looks at the latest strategic, commercial, regulatory and negligence legal and advisory news and comment in health and social care. Health Adviser is an industry publication, produced by DAC Beachcroft, providing insight, foresight…
Health and social care integration
By Hamza Drabu
For all the latest legal and regulatory news and comment in health and social care integration
Health corporate regulatory
By Giles Peel
For all the latest news and comment in corporate regulatory healthcare law
Safety, Health and Environment
By Sally Roff
This collection looks at our Safety, Health and Environment Team and the products and services they can provide. In the climate of increased regulatory scrutiny of Safety, Health and Environmental risks and greater penalties when things go wrong,…
Related Articles
DAC Beachcroft Update 2018-July to September 2018
By Thomas Jordan
An update on recent DAC Beachcroft disease claims from July to September 2018.
Unleashing the potential of data-driven health and care
By Darryn Hale
At NHS Expo 2018, we saw the commitment of the NHS to technology and innovation as a key theme, with the announcement of more funding for Global…
Human Rights Act claims against Social Workers-The serious ramifications of breaching Section 20 Children Act 1989
By Andrea Ward
Local Authorities have recently seen a marked increase in claims alleging breach of the Human Rights Act where it is said that they have misused s20…
Varying a Lease? - Take note!
By Charlie Christie
If you have agreed with your tenant to vary the terms of a lease this can be effected by a deed of variation, DAC Beachcroft outline the points to…
The future is here and the future is mixed
By Robert Lee
There was a time when residential was residential and retail was retail – but it was only a short time, in the latter part of the twentieth and early…
Ice climber's claim falls down on technical points
By Jasminka O'Hora
The Court of Appeal in its judgment in Committeri v Club Mediterranee SA and Generali Assurances IARD SA recently considered the question of whether…
Reducing the risk of third party liability for professionals
By Lyn Crawford
In the recent case of BDW Trading Limited v Integral Geotechnique (Wales) Limited [2018] EWHC 1915, Judge Stephen Davies QC offers valuable…
Dishonest Driving Instructor Learns the Harsh Letters of the Law
By Neville Sampson
Mr Jafar Kazemi v Mrs Jayantilal Gohil This case was defended as a low speed impact in which DACB called the learner driver as a witness to give…
Disclosure Pilot Scheme in the Business and Property Courts
By Jenny Eacott
To combat widespread concerns that the cost of disclosure remains disproportionately high, a radical reform of the procedural step of disclosure of…
Construction (Retention Deposit Schemes) Bill 2017-19
By Mark Roach
The cash-flow problems retention can cause to contractors and sub-contractors by late, or worse, non-payment, are exacerbated where they are required…