Challenging Regulator Prosecutions

In some cases, CQC or regulatory action can take the form of criminal prosecutions with the risk of substantial fines, reputation damaging publicity and sometimes even imprisonment.

Regulator prosecutions, and even threatened prosecutions will affect commissioners, service users, bankers, investors and future regulation. In regulatory prosecutions there is also an increasing ability to “pierce the corporate veil” and attack individuals in corporate management directly. Health and social care providers must be mindful of this, as it can lead to further complications.

Ridouts team of specialist lawyers can help guide you through the prosecution process. No admission should be made for expedience without the most careful consideration.

As a health and social care business, being faced with a regulator prosecution can be highly stressful, disruptive and confusing. Careful steps must be taken to ensure that your case is put forward clearly and strongly for the best chance of success and reputation protection, and our team is on-hand to give you the advice and support you need to do so.

Services include:

Advising clients on HSE; CQC, Ofsted and Police prosecutions;
Seeking advance disclosure from the regulators;
Preparing documents for submission to the regulators under statutory and non-statutory requests;
Helping clients to understand the nature of any interview and whether or not you should attend;
Helping clients to carefully prepare for any interview. This is not to coach, but is to ensure that the interviewee knows the background to the interview and is able to do justice to his or her case;
Advise on strategy and approach to the prosecution procedures. At Ridouts, we have the legal talent, the drive, and the health and social care experience to help you in navigating the situation and challenging the prosecution procedure effectively, meaning that we can save your business from criminal allegations.

The Ridout Report – July 2019 – Is an increase of prosecution powers a reflection of the state of care?

August 7, 2019

Ian Trenholm, the Chief Executive of CQC, seems to have kept to his word about increasing the

Healthcare Business – CQC intends to prosecute more health and social care providers

December 17, 2018

CQC’s chief executive, Ian Trenholm announced his intention to bring more prosecutions of health and social care

Prosecutions – is CQC finding its feet?

October 13, 2017

Southern Health NHS Foundation Trust has become the sixth health and social care provider and the first

Case Study

Our Client was prosecuted by the Health and Safety Executive after a service user fell at a Home and died as a result. We defended our Client against alleged breaches of a number of provisions of the Health and Safety at Work Act 1974.

We conducted an in-depth investigation into the circumstances of the death which included conducting site visits, questioning relevant individuals, drafting witness statements, analysing evidence and preparing exhibits. This approach allowed us to develop a forensic understanding of the circumstances of the incident. Once we had this understanding, we instructed experts and counsel in order to advance our Client’s position.

We successfully managed the handling of the case, engaged with our Client and explained next steps throughout this daunting process. We took an equally focussed approach to preparing a bundle of evidence to assist mitigation which reduced the level of fine imposed at sentencing.

Our experience in defending health and safety prosecutions against the Health and Safety Executive, a more experienced and qualified investigators than CQC , stands us in good stead to defend health and safety prosecutions of care providers by CQC, the principal prosecuting authority for health and safety prosecutions involving service users.

Testimonials

They are saviours! They rescued my business – they are worth every penny!

You feel that you get both legal advice and consultancy, borne out of many years of dealing with regulators.

Caroline came back to me immediately with a high quality, considered response.

I was immediately impressed with Jenny’s knowledge in legal matters and how care homes work at a business level

I went to their symposium – it was a big investment of time – but it was wonderful – I learnt a lot and like the way they spoke – easy to understand, clear, friendly – I would definitely use them if I needed to – and would absolutely recommend them

I know for a fact that the CQC fear Ridouts – they know you are taking it seriously if you work with Ridouts.

I got through to Paul immediately and he told me what to do there and then; I didn’t realise how limited the Local Authority’s powers were.