2nd August 2024

Clients story: Warning notice not published in report following Healthcare Regulatory partner’s advice

A provider received a warning notice from the Care Quality Commission (“CQC”), which alleged a breach of regulation 18 of the Health and Social Care Act – which relates to staffing. As the CQC considered them to be in breach of this regulation and had issued this enforcement action, the provider contacted Laura Shelton, Partner in the Healthcare Regulatory team, for advice.

The warning notice was received some time after the inspection, by which time the concerns raised by the CQC in the warning notice had been addressed comprehensively by the provider.

Laura drafted representations to the warning notice setting out why the legal test was not met for the warning notice and why it was not in the public interest to publish it. These representations were accepted by the CQC and the warning notice was withdrawn and not published.

Laura also assisted the provider to make factual accuracy comments to their draft inspection report. This ensured that the references to the breaches from the warning notice were not published in the final inspection report.

Read Full Report Here