JMW’s Business Crime & Regulatory team successfully represented an adult social care provider in its appeal against the Care Quality Commission’s decision to cancel its registration.

Appeal Against Cancellation

The CQC had decided to cancel the provider’s registration following concerns about consent to care, safe care and treatment, and governance under Regulations 11, 12 and 17 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

The provider appealed the decision to the First-tier Tribunal. The case was listed for a five-day final hearing and required extensive preparation, including witness evidence, a joint hearing bundle, a schedule of issues and written submissions.

How JMW Helped

Jonathon Enston, Partner, and Daniel McGlashan, Solicitor, in JMW’s Business Crime & Regulatory team represented the provider.

We took detailed instructions, advised on the merits and risks of the appeal, and worked with the provider’s management team and an independent adult social care compliance consultant to evidence the remedial action taken.

This included improvements to:

• medicines management;
• care plans and risk assessments;
• consent and mental capacity processes;
• staff training and supervision;
• record keeping and care management systems; and
• internal auditing and governance.

We prepared the provider’s evidence and progressed the appeal in accordance with the Tribunal’s directions.

Successful Outcome

Following a further assessment, the CQC accepted that cancellation was no longer proportionate and that the remaining risks could be managed through additional conditions on the provider’s registration.

The CQC ceased to oppose the appeal, which was allowed by consent without findings of fact. The case management hearing and five-day final hearing were vacated, and the case was closed.

The provider retained its registration and was able to continue operating, subject to conditions requiring ongoing reviews, audits and progress reports in relation to medicines, care plans, risk assessments, consent and mental capacity processes.