Notice of proposal to refuse registration
The CQC has the power to refuse an application for registration under Section 12 of the Health and Social Care Act 2008. Before refusing the application, the CQC must issue a Notice of Proposal, which details their reasons for the proposed refusal of registration. An applicant has 28 days to make written representations against this proposal.
This is an opportunity to respond to the CQC’s concerns; make any submissions in line with the CQC’s Enforcement Policy and relevant guidance; and provide any additional evidence in support of the application. It is important that a provider reviews each reason carefully and takes a robust but measured approach to any representations made. This is only a proposal at this stage and there is still time to persuade the CQC to grant the registration.
After assessing any representations and evidence submitted, the CQC will determine whether to proceed with their refusal. If the proposal is adopted, the CQC will issue a Notice of Decision and there will be a right of appeal against this decision to the First-tier Tribunal (Care Standards Chamber). This appeal has to be made in writing within 28 days. These appeals can take a number of months to conclude and in order to stand any prospect of success, providers need to ensure that they are able to support their challenge with clear, documentary evidence.
Our key CQC registration advice
The CQC’s registration process can be quite complex and time-consuming and over the past few years, the CQC have increasingly been issuing more proposals to refuse applications. In the CQC’s Annual Report for 2018/19, it confirmed that the CQC had issued 564 registration Notices of Proposal in 2018/2019, which was an increase of 119 (26.7%) from 2017/2018. However, the key to being successful with your challenge is to ensure that your representations are clear and supported by documentary evidence.
Where a provider disputes the reasons for a refusal, it is important that robust submissions are made to challenge the refusal with supporting documentation, and with reference to any applicable legislation; guidance; or case law.
If any of the reasons provided by the CQC are accepted, providers should consider how they can rectify or address those concerns as quickly as possible. Where the CQC’s concerns can be addressed before the deadline, it is important that providers supply documentary evidence to demonstrate this. If this is not possible, a detailed action plan outlining how the provider intends to address these issues with realistic timeframes may be helpful. It is important that you provide reasonable assurances to the CQC about your future compliance, particularly before any final decision on the registration is made.
You can view some of our recent registration cases on our case studies page here.
CQC registration FAQs
Can I obtain CQC registration with a conviction?
Having a conviction is not a bar to registration, provided you are open and honest. You can read our recent blog here.
If you are a manager trying to register, you may want to consider providing a reflective statement to the CQC at the time of applying. This should include the full details of the conviction, any relevant circumstances and mitigation. It should also demonstrate appropriate insight and reflection in respect of that conviction and why you think you are now a’ fit and proper person’.
If you are a provider looking at whether you can employ someone as a manager with a conviction, you need to ensure that you carry out a full investigation into the circumstances of the conviction; that you note the outcome of that investigation in writing with detailed reasons for your decision; and if you chose to employ that person, you need to consider whether it would be appropriate to carry out a risk assessment or any other action before that person is allowed to work.
How long does the CQC registration process take?
A brand new provider application usually takes up to 10 weeks provided there are no delays and your application is thoroughly prepared. However, applications are likely to take longer at present due to the covid-19 pandemic.