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Health and Social Care

Legal Support for Providers Regulated by CQC

Established in April 2009, the Care Quality Commission (CQC) regulates tens of thousands of health and social care services across England. As a risk-based regulator, its role is to protect service users and assure the public about the quality and safety of registered services.

Specialist Health and Social Care Solicitors

At Gordons Partnership, our specialist Health and Social Care Provider Team is led by Neil Grant, who has more than 30 years’ experience advising in this sector.

Our clients include:

  • Care homes
  • Home care agencies
  • Supported living services
  • GP practices
  • Dental practices
  • Independent hospitals
  • Private clinics

How We Support Providers

CQC Registration

Providers cannot operate lawfully without CQC registration. We assist organisations applying for registration, whether they are entering the sector for the first time or expanding existing services.

CQC Inspections

Registered services are subject to regular inspection. We support providers throughout the inspection process, including reviewing and responding to draft inspection reports. We frequently secure changes to inspection reports, including improved ratings.

CQC Compliance

We assist providers in addressing compliance issues, often working alongside specialist care consultants with whom we have longstanding relationships. Where the evidence does not support an alleged breach, we support clients in challenging CQC in a polite but firm manner.

CQC Enforcement

CQC has wide-ranging enforcement powers, including prosecution and cancellation of registration. We defend providers facing regulatory action and work to resolve matters as quickly as possible.

“An in depth understanding of CQC’s jurisdiction and methodologies is essential in order to advise providers effectively. At the same time, it is critical to put in place a strategy and plan at the outset, linked to the evidence and an informed assessment of risk. Each case is unique and has to be judged on its own merits. Our approach is based on cooperation, respect and collaboration but we are always assertive in defending our clients’ interests.”

From Our Partner, Neil Grant

Frequently Asked Questions

What events might cause a CQC inspection?

CQC takes a risk-based approach to inspections. Inspections may be triggered by internal evidence gathering, whistleblowing, safeguarding concerns, or information suggesting that a service’s rating should be reviewed. CQC is also inspecting services that have older ratings.

What is ‘Personal Care’?

Under Regulation 2 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Personal Care includes assistance with activities such as eating, washing, dressing, toileting, oral care and maintaining skin, hair and nails. It also includes prompting and supervision where a person cannot make decisions about these activities themselves.

What are Regulated Activities?

Schedule 1 of the Regulations defines a number of regulated activities including:

  • Personal care
  • Accommodation for persons requiring nursing or personal care
  • Treatment of disease, disorder or injury
  • Surgical procedures
  • Diagnostic and screening procedures
  • Nursing care
  • Maternity and midwifery services
  • Family planning services

Operating regulated activities without the appropriate CQC registration is an offence under section 10 of the Health and Social Care Act 2008.

What are practising privileges?

CQC defines practising privileges as a system allowing doctors to practise in hospitals without being directly employed by them. This allows practitioners to operate independently while benefiting from the provider’s registration.

Our Health & Social Care Team

If you require advice on CQC registration, inspections, compliance or enforcement action, please contact Neil Grant, Lucy Bowker or Samantha Burges.

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