Care Quality Commission—enforcement powers
Care Quality Commission—enforcement powers

The following Local Government guidance note 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

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, 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, and

  4. Regulation of Investigatory Powers Act 2000 (RIPA 2000)

Principles applied to enforcement

The CQC states that it has 'two primary purposes' when using its enforcement powers:

  1. to protect people who use regulated services from harm and the risk of harm, and to ensure they receive health and social care services of an appropriate standard, and

  2. to hold providers and individuals to account for failures in how the service is provided

The CQC sets out the following principles that guides its use of enforcement powers:

  1. being on the side of people who use regulated services

  2. integrating enforcement into its regulatory model

  3. proportionality

  4. consistency

  5. transparency

Related documents: