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Healthcare briefing – CQC interviews under caution

As has been noted in earlier briefings, the CQC seems to have been more active in utilising its powers under the Health and Social Care Act as a prosecution authority.

Any prosecution, be it by the police, Health and Safety Executive or CQC, will involve an evidence gathering exercise. This may include:

  • a request for information under s.64 Health and Social Care Act 2008
  • interviews with witnesses
  • interviews with potential defendants (or a representative of that body, where the defendant is a corporate body)

Where a potential defendant is being interviewed (or a representative of a corporate defendant) those interviews will be conducted under caution in accordance with the Police and Criminal Evidence Act. In such cases the interviewee will have the right to legal representation at the interview.

It is clearly important to avail oneself of the benefit of legal advice, and the support that that will provide. Specialist solicitors are best placed to provide this.

We can provide legal assistance if you are being interviewed under caution, as we specialise in health and social care matters. With offices in London, Leeds and Cardiff, we are easily able to provide a solicitor in most locations.

For more information or guidance, please contact:

Andrew Parsons
Partner and Head of Healthcare – Providers
T. 020 7227 7282


This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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