CQC Fixed Penalty Notices and CQC Warning Notices

Healthcare providers and social care providers are able to make representations to CQC to explain why a CQC Fixed Penalty Notice or a CQC Warning Notice should be withdrawn. This is a golden opportunity to correct any errors or misunderstandings and to provide additional evidence in support. Where a provider can clearly demonstrate that they have acted reasonably in the circumstances or that CQC have acted unfairly or in error, CQC will withdraw the CQC Fixed Penalty Notice. In our experience, where the provider has good evidence in support, the Fixed Penalty Notice will often be withdrawn.

Letters of Intent

CQC has been issuing increasing numbers of CQC ‘Letters of Intent’ usually headed “Suspected Criminal Offence”. We have had an increasing number of enquiries from concerned services who have received such a letter, alleging that the provider is delivering its services without having obtained the relevant CQC registration. This is usually the service’s first contact with CQC and the letter normally invites the service to respond by applying for registration and ceasing operations in the meantime or explaining why its services do not require registration.

We have worked with numerous services, sometimes with input from expert care consultants, to advise on whether their particular service requires registration. Where registration is required, we have engaged with CQC to explain why the service ought to be permitted to continue pending registration and we have also successfully engaged with CQC to seek appropriate pre-registration advice.

It is a criminal offence to provide CQC regulated services without CQC registration, so prompt action should be taken by providers if they receive a CQC Letter of Intent.

How we can help:

  • Provide you with clear and practical advice in relation to a CQC Fixed Penalty Notice and a CQC Warning Notice.
  • Advise you on your options and on the strength of your case for registration.
  • Prepare persuasive and effective representations to a CQC Fixed Penalty Notice or CQC Warning Notice.
  • Advise you strategically, to protect your reputation, drawing on our experience of working within regulatory bodies.
  • Prepare a response to a CQC “Letter of Intent” to prosecute in respect of providing a regulated service without registration.
  • Guide you and work closely with you in identifying evidence to support your application.
  • Advise and support you in respect of an application for registration.
  • Bring in expert care consultants and other professionals, to assist you, as required.

Contact our Health & Social Care Regulation Lawyers in London

With over 30 other specialist consultants we are well placed to assist with a broad range of legal and regulatory matters.

For more information get in touch via our online contact form or call Errol Archer now on 020 3984 7883 .

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