Healthcare briefing – CQC prosecutions: an increasing phenomena?
Many health and social care providers regulated by the CQC will have noticed recent reports in the press of prosecutions pursued by the CQC.
Although the CQC more commonly takes civil enforcement action, via the Notice of Proposal or s.31 procedures, the CQC is also a prosecution authority with powers arising from the Health and Social Care Act to prosecute providers for failing to comply with their obligations under that legislation.
Recent years have seen an increase in the numbers of prosecutions and more particularly investigations by the CQC (with a view to potential prosecution).
This seems partially to have arisen as a result of the Memorandum of Understanding between the CQC and the Health and Safety Executive which provides for the CQC to take the lead prosecution role where a potential breach appears to be a matter covered by the obligations under the Health and Social Care Act.
There have therefore been both increasing prosecutions and CQC investigations. Commonly these will involve an interview under caution to enable the CQC to obtain relevant evidence. Early legal advice is clearly necessary.
For more information or guidance please contact:
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.