Criminal prosecutions can arise from regulatory or criminal breaches. Health and social care providers may face action from the Health and Safety Executive (HSE), the Care Quality Commission (CQC), the Care Inspectorate Wales, the Care Inspectorate or the police.
Successful prosecutions can lead to substantial fines, sometimes imprisonment (including those in management positions of corporate providers) and, whether successful or not, reputational damage can occur.
Prosecutions or threats of prosecution can have a knock on effect, and affect relationships with commissioners, service users, bankers and investors. It will also impact your future regulation.
Being faced with a prosecution can be highly stressful, disruptive and confusing. Careful steps must be taken to ensure your case is put forward clearly and robustly.
Ridouts can help you by:
- Advising clients on HSE; CQC, Care Inspectorate Wales, Care Inspectorate 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;
- Advice on strategy and approach to the prosecution procedure;
- Preparing a case should the matter go to court, including any necessary mitigating factors to minimise any resulting fines.
Outcomes achieved include:
- No prosecutions brought for regulatory failings
- Reduction of fine for prosecuted regulatory breach
