Challenging Cancellation, Suspension or Variation of Conditions
Regulators have extensive enforcement powers against providers, both existing and prospective. They can cancel or suspend a registration, impose conditions on a registration (which can include prohibiting further admissions or adding positive conditions that a provider must fulfil or else be in breach of its registration) and prosecute health and social care providers for any regulatory failures, amongst other things.
Such an action can be taken either with notice, or at times on an emergency basis. In either circumstance, this form of action can be highly damaging and businesses can even be lost.
Action taken early and swiftly can help prevent matters progressing further. Regulators have increased the use of correspondence to health and social care providers, giving them the opportunity to mitigate such action through detailed representations and action plans, and such submissions need to be compelling and strong in order to avoid the action. However, the Ridouts team of lawyers has an enviable success rate of challenging regulator proposals and decisions both at the representation stage and on appeal to the Tribunal.