CQC appeals to the first-tier tribunal

Our specialist lawyers have years’ of experience of providing advice and representation to care providers and managers in relation to appeals to the first-tier tribunal. Our lawyers deal with the tribunal and the CQC on a daily basis and provide specialist assistance at all stages, from lodging the initial appeal right up until representation at the final hearing.

It is essential that providers and managers seek specialist legal advice when they reach this appeal stage as this is often their last chance to avoid the closure of a service. We understand how this can have severe financial consequences for their business as well as a devastating effect on staff and service users, who may have worked or lived at the service for many years.

 

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Our key advice on CQC appeals

Where a provider or manager is issued with a notice of decision to cancel; suspend; or vary a condition of their registration, they have 28 days to lodge an appeal against this decision to the first-tier tribunal. If an appeal is lodged, this has the effect of suspending the CQC’s decision until such time as the appeal is dealt with by the tribunal, which can often take several months.

Another vital point to note is that the tribunal will be considering a service’s compliance at the time of the appeal hearing and not when the last inspection took place. Providers and managers are therefore given a further opportunity at this stage to address any outstanding breaches or areas of non-compliance during the appeal process.

However, where the decision being appealed has been taken by the CQC under Section 30 or 31 of the Health and Social Care Act 2008, that decision takes effect immediately and remains in place during the appeal process. These appeals are often listed for a final appeal hearing within a matter of weeks and our specialist lawyers are therefore always prepared and on hand to assist at short notice. We understand how important it is for providers and managers to act quickly in these circumstances and we therefore provide clear and strategic advice to help protect their interests.

For a confidential discussion with a member of our team, please contact us on 0203 816 9274 or complete our online enquiry form.

CQC - Video Panel Laura Hannah

  • Care Quality Commission Compliance & Regulation

    Specialist solicitor Laura Hannah talks about the role the CQC play as the independent regulator of health and social care in England. Laura also talks about how Stephensons supports clients such as registered providers who face enforcement action following a CQC inspection.
    [youtube url="​https://www.youtube.com/watch?v=UgoIKK5NWWI"]

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As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.