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