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.
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.
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.
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.
The HLTH Group.
Our Companies & Services.
We have a suite of healthcare HR and compliance services delivered through our multi-faceted departments, each of which provide industry-leading compliance services for CQC-regulated providers. Find out more about them below.
At HLTH HR we provide purpose-built HR software and expert support to healthcare providers nationwide, ensuring they successfully optimise their management of staff and HR processes. HLTH HR provides the expert support you need to remain legally compliant with your obligations as an employer. Supported by our HLTH Manage software system, you can manage your staff more easily, and improve employee satisfaction and wellbeing.
We specialise in finding highly skilled, compliant professionals for a wide range of roles within Healthcare, Adult Social Care, and Medical Services. We believe the success of healthcare services begins with their staff, and at HLTH Group we are industry-leading experts in interim management and permanent healthcare recruitment. Learn more by clicking below.
HLTH Manage is the UK’s leading CQC Compliance Software. The system is an innovative software solution that ensures providers are one step ahead of CQC requirements via our state-of-the-art system and the support provided by a team of compliance experts – ensuring that we offer holistic, tech-enabled solutions. Learn more by clicking below.