Challenging a CQC Warning Notice
When a service is found to be in breach of regulations, CQC can issue a Warning Notice. In the order of severity, a Warning Notice is just above the requirement that a provider produce a Report on Actions and just below a Notice of Proposal to impose a condition on registration (normally, an embargo on placements).
What do you need to do?
If you wish to challenge a Warning Notice, you have 10 working days from the date of receipt to make representations. If you miss that deadline, the Warning Notice will stand.
We can help make representations to CQC asking that the Warning Notice be withdrawn. If, alternatively, you accept the contents of the Warning Notice, we can help you respond to CQC showing you are making improvements to help mitigate against CQC taking any further action.
In either case, it is important to deal proactively with the Warning Notice and get your service back on track. Failing to do so is very likely to lead to bigger problems later on.
You need to act quickly
Sometimes CQC will issue a Warning Notice before a draft inspection report has been sent to the provider. In such circumstances you must act quickly to respond to both the Warning Notice and, when it comes, the inspection report. If there are factual inaccuracies in the draft inspection report, we recommend that you submit a factual accuracy challenge. If you succeed in obtaining positive changes to the draft inspection report, it can help you overcome the Warning Notice.
CQC will also set a deadline for the provider to comply with the regulations cited in the Warning Notice.Failure to do so could result in more serious enforcement action, such as a condition being imposed on your registration (often an embargo on placements) or a Notice of Proposal to Cancel Registration.
We can help you with
- Making representations against warning notices
- Challenging penalty notices and fines
- Challenging a Notice of Proposal to Cancel Registration
- Appealing a Notice of Decision to Cancel Registration
- Defending the imposition of conditions on or suspension of registration
- Challenging embargos by local authorities