The recently reported judgment of Button Space Limited v CQC [2019] UKUT 134 (AAC) concerns the approach to be adopted by the First tier Tribunal (‘F-tT’) should take when considering an appeal from an Order of the Magistrates Court to…
When CQC is proposing to take civil enforcement action without following an urgent process, then they will serve a Notice of Proposal on the registered provider. This notifies the provider of the action that the CQC is proposing. Commonly this is…
When CQC civil enforcement action arises this will most commonly follow the Notice of Proposal procedure. An alternative track is s.31 of the Health and Social Care Act 2008. This provides the CQC with an alternative, speedier procedure to vary or…
The judgment in the Hillgreen case is now available. The case concerns a prosecution for breaches of the regulations under the Health and Social Care Act 2008 in respect of the care provided to service users in Colne Road, North…
It was ‘fair, reasonable and proportionate’ for the First Tier Tribunal (Health, Education and Social Care) to refuse a care provider’s application to increase the number of people with a learning disability at one of its services. This was the decision…
In February 2018, NHS England released ‘Improving physical healthcare for people living with severe mental illness (SMI) in primary care’ guidance for Clinical Commissioning Groups (CCGs). CCGs CCGs were created following the implementation of the Health and Social Care Act 2012. They…
It has been well publicised that the CQC has seen approximately a 75% increase in enforcement action in 2017, according to its 2016/17 annual report. This is a significant increase. Where a breach of the Health and Social Care Act is…
On 12 October 2017 at Basingstoke Magistrates Court District, Judge Loraine Morgan sentenced Southern Health NHS Trust in relation to a CQC prosecution for an offence under Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations…
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…
Although the CQC has had prosecution powers since the enactment of the Health and Social Care Act 2008, prosecution cases have only recently been reported. It would seem that the CQC is now utilising this power more than previously. Recent reported…
