JMW’s Business Crime & Regulatory team has secured the closure of a criminal investigation by the Care Quality Commission into a healthcare business and its directors. The investigation carried the risk of an unlimited fine and, for the directors, up to 12 months’ imprisonment.

Criminal Investigation by the Care Quality Commission

The CQC wrote to our client, an owner-managed healthcare business and to each of its directors separately, alleging that regulated activities had been carried on without being registered under the Health and Social Care Act 2008. The letters were issued under caution, meaning anything said in reply could be used in evidence and a short deadline was imposed.

The alleged offence carries an unlimited fine and up to 12 months’ imprisonment.

How JMW Helped

The client needed a team that could handle a criminal investigation and understand healthcare regulation at the same time, so Jonathon Enston (Partner) and Daniel McGlashan (Solicitor) were instructed.

Our approach was to verify before we asserted. Everything said in reply would be said under caution, so rather than simply repeat what the clients understood the position to be, we worked from the underlying records. Each client provided a separate reply because a company is a separate legal entity from its directors.

No Further Action

We invited the CQC to take no further action. Following our representations, the CQC closed the investigation without further action. This removed the prospect of prosecution, an unlimited fine and, for the directors, a custodial sentence, enabling the business to move forward quickly with minimal disruption.