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.

Services include:

  • Advising on the strength of the case contained within Notices of Proposals and Notices of Decision;
  • Drafting comprehensive responses to the above documents and identifying supportive evidence;
  • Appealing Decisions and Notices to Restrict Accommodation to the First–Tier (Care Standards) Tribunal; including drafting witness statements, attending case management hearings and preparing bundles for disclosure;
  • Representing health and social care providers at emergency closure hearings in the Magistrates' Court.
By getting in touch with the Ridouts team and engaging our specialist lawyers, you are bringing the best possible people to your defence, with the knowledge and expertise to support you through the challenge and achieve success for your health and social care business, protecting you against any unfair enforcement

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