CQC Regulatory Issues
The Care Quality Commission has wide ranging civil and criminal enforcement powers which can be used against registered providers in the event of a breach of conditions of registration or a breach of the Health and Social Care legislation.
In the event of a prosecution, significant financial penalties may result as well as substantial reputational harm. Furthermore, the CQC routinely publishes information about warnings issued and penalty notices served which are often reported in the local press, again leading to significant reputational damage and affecting staff morale. The CQC is also empowered to take enforcement action against companies or individuals who are providing regulated activities without registration.
When enforcement action is taken it is crucial that care providers act quickly to prevent matters progressing and to ensure that strict timescales for challenge are complied with. Challenges must be robust and supported by relevant and credible evidence.
An inaccurate CQC inspection report or unfair rating can also have a devastating impact on care providers business. There are strict time limits for challenging the factual accuracy of an inspection report so it is important to seek legal advice without delay. This is a time consuming and evidence driven process and the input of our regulatory team will maximise the prospects of a successful outcome.
Our regulatory lawyers have extensive experience in advising care providers on all aspects of the Care Quality Commission regulatory process. Our services include the following:
- Advice, support and representation at interviews under caution
- Challenging warning notices and fixed penalty notices
- Challenging cancellation, suspension or variation of conditions of registration
- Challenging inspection reports and ratings
- Advice on action to be taken when a service is placed into ‘special measures’
- Support with strategies to improve standards
- Advice on CQC criminal prosecutions
- Advice on strategies to avoid regulatory breach and how best to ensure compliance with relevant legislation
- Advice and support in managing relationships with the CQC
- Providing training to care providers on the CQC regulatory requirements
If you require any further information Mark Quigley or one of our team of healthcare specialist lawyers would be pleased to talk through your requirements and answer any questions. Please contact us at any time.