Challenging Warning Notices and Prosecutions

The Care Quality Commission (CQC) can issue a Warning Notice where the quality of the care they are responsible for falls below what is legally required.  The CQC can also issue a Warning Notice for a breach that occurred in the past, and which has been rectified, if it was serious enough to necessitate issuing.

You have the right to make representation in relation to a Warning Notice including whether the CQC warning notice:

  • it contains an error
  • it is based on inaccurate facts
  • it should not have been issued for some other reason; and
  • reasons for why it would be unfair to publish it.

CQC prosecutions can attract fines of up to £50,000 per offence.

Warning Notices published can severely impact on the reputation of your business and the potential scale of CQC fines is equally severe for any business.  Because of our experience in the criminal courts and other adversarial tribunals our special expertise is at contested hearings.  Therefore in addition to dealing with legal issues relating to regulators, we are also vastly experienced in criminal matters and can advise and represent you in any matters before the courts including CQC prosecutions.

If you have been served with a CQC Warning Notice or summoned in relation to legal proceedings, please contact me without delay.

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