Challenging a CQC proposal to refuse registration

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Challenging a notice of proposal to refuse registration 

Registering a new service with CQC or registering as a manager may not always be straightforward.  With a service, there can be issues with buildings, such as the size of rooms or the number of proposed rooms.  Alternatively, as either a manager or a provider, CQC may simply find that you have not met the requirements of the regulations.

While the regulations themselves are fairly straightforward, what CQC considers to be “best practice” or “guidance” (which informs their decision) may not be.  As a result, getting registered can be difficult.

What happens if your registration application is refused?

If you attempt to register and CQC are not happy with your application, they will serve a Notice of Proposal to refuse registration. This can be a real setback to your plans.  It will cost you time and money and inevitably cause a good deal of frustration.

We are experienced in dealing with refusals of registration for both services and managers.  We can help you get registered and up and running.

How can Royds Withy King help you?

As specialist health and social care lawyers, we will look at the issues in detail and help you make your best case.  When CQC serves you with a Notice of Proposal to refuse registration, you have the right to make representations.  The aim of the representations is to convince CQC to award your registration.  The discussion in the representations will revolve around whether and how you are meeting the regulations. We are highly experienced in identifying the common problem areas, and know how to secure your successful registration.

I have always found them to be accessible and quick to respond to any queries. I am very happy to recommend the Social Care team at Royds Withy King to other care home providers.
Ravi Gidar, Director Gold Care Homes

FAQs

You have 28 days from the date the Notice of Proposal is served to make representations to CQC.

CQC normally try to deal with representations within 20 days.  However, in our experience, this can take much longer, sometimes several months.

After CQC have served a Notice of Proposal to refuse registration and the provider has (or has not) made representations about the Notice of Proposal, CQC will inform the provider by issuing a Notice of Decision to refuse registration.

Yes.  You will have 28-days from the service of the Notice of Decision to refuse registration to appeal to the First Tier Tribunal.  We can assist with these appeals.


Contact us to find out how our expert team can help you protect your care home from the impact of the CQC's notice of proposal to refuse registration