At HLTH Group, we understand that receiving a ‘Notice of Proposal to Cancel Registration’ from the Care Quality Commission (CQC) is an alarming and high-stakes situation for healthcare providers. It is a critical juncture that demands immediate, comprehensive, and proactive action.
This notice signifies that the CQC has concerns about your service’s compliance with regulations, and it is crucial to address these concerns promptly and effectively. We are here to provide specialised support tailored to the unique challenges faced by healthcare providers in such circumstances.a
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Various Measures
The CQC has the authority to cancel your registration, whether it applies to one location or your entire registration. The CQC can take various measures to prevent your service from trading, including:
- Seeking a magistrate court order to cancel your registration with immediate effect.
- Serving a notice that removes your ability to continue the service(s) immediately.
- Issuing a ‘Notice of Proposal’ to cancel your registration or vary your conditions, which initiates a formal process.
It is important to note that the CQC’s intent to cancel your registration does not imply an inevitable outcome. You have the right and the opportunity to contest this action, and it is crucial to do so at the earliest opportunity.
Healthcare Compliance. HR. Software Solutions – Learn more about us by clicking here.Understanding the ‘Notice of Proposal’ (NOP)
When the CQC is not taking urgent action, it will typically serve a ‘Notice of Proposal to cancel or vary your registration.’ As the name suggests, this is a proposal only, and you have the opportunity to challenge the action that the CQC is seeking to take.
The first opportunity to contest the proposal arises after you receive the NOP. You have 28 days from the date the NOP is served on you to respond. Missing this statutory deadline means losing your first chance to stop the proposed action. The legal position regarding when the NOP is deemed to have been served should be checked, as there can be nuances in this regard.
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How We Support – Responding Proactively
During the 28-day period, it is recommended that you engage an specialist CQC consultancy such as the HLTH Group in order to proactively respond to the CQC’s notice,
Understand the CQC’s case, which is typically based on evidence of non-compliance with relevant regulations.
Engage HLTH Group to provide an independent review of your service
Provide evidence demonstrating why the CQC’s position is incorrect or why it no longer applies.
Our team of former CQC inspectors, healthcare professionals and compliance experts will provide expert guidance on the approach needed to rectify problems and continuously monitors progress.
Communicate with the Care Quality Commission transparently and demonstrating your proactivity to the CQC is incredibly important.
HLTH Group can refer you to CQC-specialist solicitors to support in any legal action against the Care Quality Commission
Provide support for Residents and Service Users. We help you engage positively with residents and service users to build support and trust within the community.
Healthcare Compliance. HR. Software Solutions – Learn more about us by clicking here.Next Steps
Challenging a ‘Notice of Proposal to Cancel Registration’ is a complex and time-sensitive process. It typically takes between 6 to 9 months from the initial serving of the NOP to reach a full tribunal hearing. While this can be an unsettling period, it provides an opportunity to strengthen your service and address any necessary actions for improvement.
The consequences of CQC action can include embargoes, removal of service users, and challenges from local media and families. However, by working closely with HLTH Group and CQC-specialist solicitors, you can take a strategic approach and engage in necessary discussions or actions to protect your business.
While it is the CQC’s responsibility to prove non-compliance with regulations, early engagement with the process and a solid understanding of the compliance and legal basis for action can empower you. Demonstrating how you have addressed alleged failures to comply with compliance legislation can strengthen your position and offer the best chance of retaining your registration.
At HLTH Group, we are here to support you through every step of this challenging journey. Contact us today to discuss how we can assist you in addressing the CQC’s ‘Notice of Proposal to Cancel Registration’ and protect the future of your healthcare service.
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