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.