CQC Law and Procedure Specialist Barristers
Leamington Spa Chambers
Barristers that specialise in Care Quality Commission Law, Evidence, and Legal Challenges
CQC Law Specialist Barristers
Leamington Spa Chambers have specialist barristers who advise and represent clients in Care Quality Commission (CQC) Law and Procedure
Our CQC law specialist barristers can advise hospitals, care homes, GP practices, clinics, other organisations and people, including nominated individuals (NIs), registered managers, registered providers and those applying.
Our barristers who specialise in CQC law matters can assist with many legal and procedural steps, including:
- Legal Advice and Representation in all CQC Matters
- Guidance and assistance with drafting replies to Notices of Proposal to Cancel, and notices of a Decision to Cancel
- Appeals – was it reasonable, necessary and proportionate for the Appellant’s registration to be cancelled?
- Applications/Refusals for Registration
- Biased Inspections
- Cancellation of registration where a service provider has not carried on the regulated activity it is registered to provide for a continuous period of 12 months, pursuant to 6(1)(c) of the 2009 Regulations.
- Procedurally Unfair CQC Conduct
- Inspection Reports that are Libellous (Defamatory)
- Factual Accuracy Report Challenges
- Embargoes on Admissions
- Challenging Ratings
- Action Plans
- Interpretation of the Health and Social Care Act 2008
- Notice of Proposal to Cancel, Vary – Challenges
- Regulatory Breaches
- CQC Registration Issues
- CQC Criminal Prosecutions (Legal Defence)
- Negotiations with CQC
- CQC Fines
- CQC Magistrates Applications
- CQC Fixed Penalties
- CQC and Local Authority Conflict Resolution
- CQC urgent Closures, Cancellations, Conditions
- Dormant Services Closures
- Appeals to the First Tier Care Standards Tribunal
- Advice on the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (as amended)
- The taking of evidence from overseas
- Appeals to the Upper Tribunal
- Judicial Review of CQC Decisions (unlawful conduct, procedural irregularities, lack of procedural fairness, Wednesbury Unreasonableness, ultra vires conduct
Our CQC Law Specialist Barristers can speak with you in strict confidence and without obligation about how we might assist you, before you commit to instructing them. Contact our clerks to arrange a call back.
CQC Case Law and Precedents
Dormant Services: Sanctions for no operation of regulated activities for 12 months or more
In Eden Quality Care Limited v Care Quality Commission NCN: [2025] UKFTT 160 (HESC) (12 February 2025) the Fist Tier Tribunal note that a registered establishment had not provided care services for several years. In upholding the cancellation of registration by CQC, the Tribunal noted (at para 70):
“70. We acknowledge that the Appellant would have to declare that it had a previous registration history [on a future appication for CQC registration], but, according to Mr N [for CQC], this would not of itself be a barrier to their registration application being assessed. Any future registration application takes into account all relevant information regarding past compliance and current evidence that the regulatory framework can be complied with. In addition, any future decision would carry with it a separate right of appeal to the first-tier Tribunal.”
[Bracketed text added by us so as to provide clarity about the excerpt from the judgment.]
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Restricted reporting Orders are made under Rule 14(1) (a) and (b) of the 2008 Rules, prohibiting the disclosure or publication of any documents or matter likely to lead members of the public to identify the any service users in this case so as to protect their private lives.
Representation in CQC Appeals
Our barristers are experienced in representing CQC regulated organisations and individuals in care quality commission legal matters. We can advise on many aspects of CQC policy, law, and challenges to CQC decisions, including appeals to the First Tier Tribunal and Upper Tribunal.
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01926 963 274