Recent case success – appealing a CQC Notice of Decision

The matter arose following a CQC assessment, during which inspectors raised concerns about the provider’s handling of incidents and accidents, Mental Capacity Act assessments, nutritional support, and complaints management. The CQC alleged multiple breaches of the Health and Social Care Act 2008 (Regulated Activities) Regulations, rating the service as ‘Requires Improvement’ across all five key questions and overall.

We were instructed to appeal the Notice to the First-tier Tribunal. Our appeal included detailed submissions highlighting that:

• the proposed variation of registration conditions was wholly disproportionate and, in effect, tantamount to cancelling the provider’s registration at that location.
• the inspection findings were flawed.
• the CQC’s evidence was outdated.
• the CQC failed to consider the provider’s current circumstances at the time of its decision.
• the CQC had not followed its own Enforcement Decision Tree.
• in light of this, the CQC should revisit and reassess the service.

During a stay period—mutually agreed by both parties—the CQC reinspected the service and found that the provider had made significant improvements. Following this inspection, the service was rated ‘Good’ across all key questions and overall. Consequently, the CQC allowed the appeal, and the provider retained its registration for the location.

This case serves as a reminder of the importance of challenging regulatory decisions when they are disproportionate or procedurally flawed, and highlights the complexities of regulatory compliance in the care sector. It also reinforces the value of seeking timely legal advice when faced with enforcement action by the CQC. While the specific facts remain confidential, the broader lessons are relevant across the care industry.

This blog is intended for general information only and does not constitute legal advice.

The Health & Social Care team at RWK Goodman is a recognised market leader, with in-depth knowledge and experience in the social care sector. Based across London, Thames Valley and the South West, our team of lawyers are fully immersed in social care, which enables us to cut to the heart of urgent matters quickly, and help you plan for what may lie ahead.

Our aim is to get to know your business and become the strategic advisors you trust to provide insightful, pragmatic solutions. Our clients include nursing and residential homes, hospices, homecare agencies, supported living, specialist colleges and children’s services and our advice covers many areas.