2nd August 2024

Client's Story: Initially refused application allowed on appeal following healthcare regulatory advice

The employers of the senior manager of a care home wanted them to become a Registered Manager – the healthcare professional who manages the care home which they’re employed with. This required Manager Registration with the CQC.

The client’s application was refused, and while an appeal to the First Tier Tribunal was possible, this was only available for 28 days. The client lodged their appeal a day or so late. The CQC refused to consent to the appeal being heard.

At this stage, the client turned to HCR Law’s Healthcare Regulatory team for advice. The team successfully argued that the appeal be heard by a full Tribunal, not a judge alone.

The team argued that the time for appeal could and should be extended to allow it to be admitted to the Tribunal. This was based on reading down the Health and Social Care Act 2008 in the context of the Human Rights Act 1998.

The Tribunal accepted this submission and proceeded to admit and allow the appeal. Our client was confirmed as Registered Manager, a role which they have performed very effectively.