Challenging a CQC proposal to cancel registration

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Challenging a CQC notice of proposal to cancel registration

After an inspection, CQC may decide to take compliance action.  If your service is rated as inadequate, this may take the form of a Notice of Proposal to Cancel Registration.  As the name implies, this means that CQC proposes to cancel your registration and close your service.

What can you do about a proposal to cancel registration?

The receipt of a Notice of Proposal to Cancel Registration often comes as a shock.  If you want your service to survive, you must take immediate action.  We have helped numerous services through this situation and have succeeded in helping services retain their registration.  Survival may seem impossible at the outset, but we have proven experience in turning a situation around and we know how it can be achieved.

You will need to make representations about the Notice of Proposal within 28 days.  The aim of these representations is to persuade CQC to allow you to retain your registration.  We frequently draft such representations for providers.

What will Royds Withy King do to help?

As your lawyers, our aim  is to help you overcome this difficult situation and retain your registration.  Before we tackle the representations, there will be many practical aspects to consider, such as: the factual accuracy of the inspection report, the need for an action plan, safeguarding issues, your contracts with commissioners, and your relationship with service users and relatives.

We will explain the process and discuss with you what you wish to achieve from a business and personal perspective.  We will then help you come up with an overall plan to manage all of the aspects of the situation, including not only the regulatory aspects, but also all of the relevant issues, such as safeguarding investigations, contracts, embargoes, service users and relatives’ concerns, and the press.

We will take a holistic approach and support you by advising about the entirety of the situation.

In our experience, saving a service requires a lot of hard work and determination but ultimately, it is achievable.  If you are facing a Notice of Proposal to Cancel Registration, we recommend that you seek advice as soon as possible.

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 must make representations to CQC within 28 calendar days of service of the Notice of Proposal.

Dealing with a Notice of Proposal to Cancel Registration is very difficult, but you should try to think about the big picture.  Do you wish continue operating the business?  Do you wish to sell the service?  Do you wish to effect a change in the management structure?  Your business goals should influence the actions you take in response to the Notice of Proposal.  Once you have a clear set of goals, we can help you formulate a step by step plan to achieve them.

You will need to submit your representations within 28 days, but it may take much longer before CQC give you a final decision about your registration.  This can take many months.

Yes.  CQC will consider your representations on their Notice of Proposal to Cancel Registration.  They will then issue either: (a) a Notice of Decision (confirming the cancellation of registration); or (b) a letter withdrawing the Notice of Proposal to Cancel Registration.  If they issue a Notice of Decision to Cancel Registration, you can appeal to the First Tier Tribunal.  We can assist with this type of appeal.


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 cancel registration