CQC appeals to the first-tier tribunal (care standards)

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

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

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

 

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Challenging CQC registration decisions – How can we help you?

Our specialist CQC defence lawyers provide advice and representation at all stages of a CQC appeal to the first-tier tribunal (care standards chamber), including:

  • Advising on the prospects of success of an appeal
  • Drafting appeal applications - including grounds of appeal
  • Representation at a TCMH
  • Drafting directions and orders
  • Negotiating extensions and/or a stay of proceedings
  • Drafting detailed witness statements
  • Compiling paginated bundles of evidence
  • Dealing with T109 applications to the tribunal
  • Drafting Scott Schedules and skeleton arguments
  • Representation at final appeal hearings nationwide

Click the following link to view some of our recent CQC case studies.

Our key advice on appeals to the first-tier tribunal (care standards)

If you are issued with a CQC notice of decision to cancel, suspend, impose or vary a condition of your registration, you have 28 days to lodge an appeal against this CQC decision to the first-tier tribunal (care standards). 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. You 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 you to act quickly in these circumstances and we therefore provide clear and strategic advice to help protect your interests. 

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

What clients say

"Last year our care home was placed in 'special measures' following a CQC inspection that found 'inadequacy' in several areas - as a result of a careless manager. The manager was dismissed and a new manager was appointed promptly. On our most recent CQC inspection we were rated safe in all areas. Since being placed in 'special measures', Laura Hannah of Stephensons was appointed to litigate and negotiate on our behalf. We can only highly recommend Laura, who did a fantastic job, whilst being very supportive and the final outcome was a tremendous success." 

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