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.

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