NOP

Section 64: A Simple Request Or A Formal Obligation?

At Ridouts, when the CQC issue a notice of proposal seeking the imposition of conditions on a provider’s registration, we commonly find ourselves submitting that such extreme measures are unnecessary given the CQC’s powers to make a one-off request for information under Section 64 of the Health and Social Care Act 2008 (“Act”). But, what …

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The CQC And Its Move Towards Imposing Conditions On Registration

During the COVID-19 pandemic, the CQC introduced a risk-based inspection model and focused its inspection activity where service users were deemed to be at risk of harm. Since the introduction of this risk-based system, we have seen an overall increase in the CQC’s enforcement action. This has also been confirmed by the CQC’s Chief Executive Ian …

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Notices of Decision – Using the Appeal Process to your Advantage

It is always worrying when you receive a letter from the CQC that states it has decided to cancel your registration, suspend your registration, or impose conditions on your registration, which in effect, will prevent you as a provider from conducting business. At Ridouts we have received numerous calls from panicked providers about the effects …

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Are Your Representations Against CQC Notices of Proposal Being Ignored?

At Ridouts we are frequently seeing that the CQC is automatically adopting Notices of Proposal, seemingly ignoring, or not testing the validity of, the representations submitted by Providers. In some cases the CQC is sending out Notices of Decision months after the Notice of Proposal was issued and therefore months and months, in some cases …

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Notice of Proposal Representations for a Care Home Provider Upheld

Ridouts has recently assisted a care home provider to make successful representations to a Notice of Proposal (“NOP”) from the CQC to cancel its registration under Section 17(1)(c) of the Health and Social Care Act 2008. CQC alleged that there had been breaches of Regulation 12 relating to safe care and treatment and Regulation 17 …

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The Notice of Proposal: a forgone conclusion or a meaningful last chance saloon?

I’ve lost count of the number of calls that Ridouts has received from panicked health and social care providers over the years, anxious about an alien piece of correspondence that has just landed in their inbox from CQC, Ofsted or any other regulator. The wording can be confusing to a provider that has never faced …

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