CQC enforcement action

The CQC have a wide range of civil and criminal enforcement powers, which are outlined in full within the CQC’s enforcement policy. The CQC can utilise these powers against registered providers and managers within the health and adult social care sectors who are in breach of the conditions of their registration or the relevant legislation, such as the Health and Social Care Act (HSCA) 2008, the Care Quality Commission (Registration) Regulations 2009 and  the HSCA 2008 (Regulated Activities) Regulations 2014. The CQC also have the power to take enforcement action against individuals or companies who are providing regulated activities without registration.

 

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What are the CQC’s enforcement powers?

The CQC’s civil enforcement powers include:

  • Notices of proposal/decision to impose, vary or remove conditions of registration
  • Suspension of registration
  • Cancellation of registration
  • Urgent procedures under the Health and Social Care Act 2008 (Section 30 and 31)
  • Warning notices

The CQC’s criminal enforcement powers include:

  • Simple cautions
  • Fixed penalty notices
  • Prosecutions

What does this mean for care providers?

It is vital that care providers act quickly once they receive notification of any enforcement action from the CQC. There are often quite tight timescales in which they can respond to or challenge such enforcement action and it is therefore extremely important that they use this time wisely. Any challenges made must be robust and supported with clear documentary evidence. Providers must also ensure that they fully engage with the CQC throughout this process, and ensure that any deadlines set are strictly complied to. A failure to do so could put their business and reputation at risk and lead to severe financial consequences.

  • 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"]

Facing CQC enforcement action?

If you have received notification of enforcement action from the CQC, you should seek specialist legal advice in order to protect your interests and safeguard your registration. We can advise you on the legal implications of such enforcement action and what action you should take. Where appropriate, we will seek to conclude matters as soon as possible, either through the submission of detailed written representations and evidence to the CQC on your behalf or by providing robust and specialist representation at an appeal hearing or an interview under caution.

If you are facing a criminal prosecution or the closure of your regulated service, we will advise you on the appropriate defence strategy and provide effective representation. 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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