Care Quality Commission—enforcement powers
Produced in partnership with Tim Spencer-Lane and Neil Grant of Gordon's Solicitors
Care Quality Commission—enforcement powers

The following Local Government practice note produced in partnership with Tim Spencer-Lane and Neil Grant of Gordon's Solicitors provides comprehensive and up to date legal information covering:

  • Care Quality Commission—enforcement powers
  • What is the CQC?
  • The relevant legal framework for enforcement
  • Principles applied to enforcement
  • Who can action be taken against?
  • What actions can the CQC take?
  • Requirement Notices
  • Warning Notices
  • HSCA 2008, s 29A Warning Notices
  • Conditions on registration
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision to introduce changes to the Care Act 2014 duties on local authorities when needed during management of the pandemic. For details, see News Analysis: The Coronavirus Act 2020 and its impact on social care provision. It further amends mental health and capacity legislation together with making changes to hospital discharge legislation, see News Analysis: Coronavirus (COVID-19) legislation—Changes to Mental health provisions. The CQC has announced revised guidance for providers together with suspension of routine inspections. For further information, see: Coronavirus (COVID-19)—social care tracker and Coronavirus (COVID-19)—healthcare tracker.

This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) on sanctions and enforcement.

What is the CQC?

The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, responsible for regulating health and social care services in England, as well as protecting the interests of people whose rights are restricted under the Mental Health Act 1983 (MeHA 1983). See Practice Note: Care Quality Commission (CQC).

The relevant legal framework for enforcement

The CQC’s enforcement powers are set out in the following:

  1. Health and Social Care Act 2008 (HSCA 2008)

  2. Health and Social Care Act 2008 (Regulated Activities) Regulations, SI 2014/2936

  3. Care Quality Commission (Registration) Regulations SI 2009/3112,

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