Healthcare briefing – CQC and Section 64 requests
Where the CQC has concerns about a service, or in particular if it is investigating with a view to prosecution, the CQC has the right to require information and documentation to be provided to it.
The powers vested in the CQC are set out in s.64 Health and Social Care Act 2008. This provides the power to require the regulated person to produce any records that the CQC considers necessary for the purposes of its regulatory function. This will include care records and it is not possible to refuse disclosure simply based on the fact that those records are confidential to the resident or patient.
Where a s.64 request is made, the provider would be well advised to understand why this is being made and to take advice on how best to respond to the issue that has arisen. In many cases this is a clear warning flag as to the likelihood of further CQC enforcement action.
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 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.