CQC Warning Notice

 

CQC annual report states that during 2014/15 they took 1,179 enforcement actions.

Warning notices can be regarded as the first stage of the cqc enforcement. They are issued in cases in which cqc believe there is a continuing failure to comply. When cqc issue a notice they must do this in writing. They will set a time table for the service to be compliant, however there is no legally-set timescale in the act for complying with a Warning Notice − CQC can set any reasonable timescale.

If you believe that they have made a mistake or you disagree with the basis of the notice you can make representation to cqc. However, there is no legal right of appeal against a Warning Notice. If you decide to appeal to cqc against the notice they only allow you 10 day form the day you received the notice. When making an appeal they encourage you to use the form that they provide with the notice. However they will consider notice made in writing using other written formats.

CQC state that once they receive representation they will try to respond with 5 days. However, they point out that they are not bound by the time scales in responding to the representation as they have no legal obligation to do so.

The action they state they will take on making a decision following your representation are as follows.

  • Withdraw the Warning Notice, or

  • Withdraw the Warning Notice and re-issue another one, or

  • Publish a summary of the Warning Notice and they may issue a press release.

 

Once you feel that you have complied with any identified failure you must inform cqc. They are likely to re inspect shortly after the time set for compliance. Failure to comply is likely to lead to an escalation in enforcement action. This may mean a cancellation of registration or and they may prosecute criminally in regards to the breach.

If you have received a warning notice contact MIT Consultancy, as we have many years of experience successfully assisting people in this situation.