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What to Do if You Receive a Warning Notice from the CQC…

In most cases, when the CQC initiates actions to revoke a registration or remove a location from a registration, they will issue a Notice of Proposal to cancel or amend the registration.

This typically occurs after a service has received an ‘Inadequate’ rating and has been placed under special measures. Therefore, it is crucial to dedicate time to challenging any factual inaccuracies in an ‘Inadequate’ report to mitigate the risk of the CQC pursuing further enforcement measures.

If you receive a Notice of Proposal, it is imperative to seek legal counsel with expertise in this area. You should carefully read the notice and understand the grounds on which the CQC alleges you are in breach of regulations. To maintain your registration, you must submit written Representations to the CQC within 28 days of receiving the Notice of Proposal. These Representations should comprehensively address any inaccuracies in the Notice of Proposal and provide details of actions taken or planned to achieve compliance. This is your opportunity to demonstrate to the CQC why cancelling your registration is unnecessary.

Following the review of your Representations, the CQC will issue a Notice of Decision, which will either confirm that no further action will be taken or, more commonly, uphold its proposal for cancellation. If no action is taken after the CQC sends the Notice of Decision, the registration will cease after 28 days. However, if you submit an appeal to the First Tier Tribunal (Care Standards) within the 28-day period, your registration will remain valid unless the Tribunal orders otherwise. This step is therefore of utmost importance.

Once an appeal is filed, the CQC is obligated to provide a formal Response to the Tribunal. Subsequently, the Tribunal will establish a timetable for preparing the case for a hearing. While this process may take some time, there is always room for negotiation with the CQC, provided that necessary improvements are being made to the service.”

If you have received an enforcement notice, Notice of Proposal or Notice of Decision, please contact our team to discuss how we can help.