The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
This Practice Note provides a summary of key prosecutions for health and social care offences brought by the Care Quality Commission (CQC) in England since 2015. This tracker is intended to assist practitioners in monitoring the type of sentences which are being imposed for breaches of health and social care legislation.
For information about the role, powers and functions of the CQC, see Practice Notes: Care Quality Commission (CQC) and Care Quality Commission—inspections and reviews.
The CQC is the lead enforcement agency under the Health and Social Care Act 2008 (HSCA 2008) for the safety and quality of treatment and care matters involving a health or adult social care service provider which is registered with CQC. The power to commence a criminal prosecution is just one of a range of enforcement powers available to the CQC and for details of the range of enforcement powers available to the CQC, see Practice Note: Care Quality Commission—enforcement powers.
The Health and Safety Executive (HSE), local authorities and the police/Crown Prosecution Service (CPS) also have responsibility for the investigation and prosecution in relation to offences in health and adult social care settings. The HSE or local authority is the lead inspection and enforcement body for health and safety matters involving patients and service users who use a health or care service provider which is not registered with
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