At Breakthrough Law, our experienced solicitors have acted for numerous clients in the healthcare industry facing action from industry regulators, including care homes, mental health services and primary care providers. Our lawyers provide a specialist service in advising private sector clients in disputes with the Care Quality Commission (CQC).
Our key services in the healthcare sector are:
- Regulator Prosecutions: Our lawyers will deal with such matters sensitively and strive to minimise the impact of the prosecution on our clients.
- Inspection Reports: An inaccurate inspection report can damage the reputation of your business. We can work with regulators to ensure that unfair reports are amended.
- Notices of Proposal: These notices inform you that CQC intends to impose a condition or vary the terms of your registration, for example by way of a unit closure or embargo. If you receive a Notice of Proposal, we will assist in the preparation of representations to CQC within the required timeframe. Our lawyers can also support you in an appeal if CQC does not accept your representations.
- Section 31 Notice: This is the strongest of CQC’s powers and the conditions or the removal of registration set out in the Notice will take effect immediately from the date specified. You have a right to appeal within 28 days and our healthcare solicitors can provide prompt and expert help with this. Before a Section 31 Notice is issued, CQC may warn you of its intention to use this power and require you to respond with an action plan, often within less than 24 hours. We can help you create an action plan at short notice and will ensure that it is specific, targeted to the issues and creates short timescales. From our experience in this area, it is these elements, along with details of measures to monitor the action plan, that are vital to assure CQC.
- Fixed Penalty Notices: In some cases, it may be sensible to pay the Notice. If you don’t and the CQC decides to prosecute, the fine could be considerably more. Further, after paying the amount, it may be possible to ask CQC to review whether it should have been paid. Our healthcare lawyers can advise you on how to deal with a Fixed Penalty Notice based on your circumstances.
- Notices of Intent: CQC may write to tell you it is considering issuing a Fixed Penalty Notice or intends to prosecute. Regarding intended prosecution, our team will work with specialists to ensure you have the best chance of avoiding potential unlimited fines.
- Special Measures: If CQC has imposed Special Measures following an inadequate rating in an inspection report, we can review and, if necessary, challenge this decision. Our solicitors are also experienced in liaising with CQC and developing strategies to improve the rating as quickly as possible.
If you have received notice that you have allegedly committed a regulatory infraction, it is important to consult a healthcare solicitor as soon as possible. Regulators have the power to impose significant fines and, in some cases, may order the closure of a business. Breakthrough Law will always seek to protect your business and uphold your commercial interests in any regulatory proceedings.
Healthcare Solicitors England
Securing the services of an expert healthcare lawyer will ensure that regulatory challenges are addressed in a timely and professional manner. We understand the potential impact of regulatory matters in terms of both financial loss and staff morale, and will work with you to ensure a swift and advantageous outcome.
Contact our Specialist Healthcare Lawyers Beaconsfield, Berkhamsted, Chesham, Harrow and Chorleywood