Enforcement policy

Representations

Registered persons have the right to make representations to us about certain types of enforcement action. We provide the following guidance to help them:

• Make a representation
• Representations and appeals.

Registered persons can make representations about the following types of enforcement action:

• Warning Notices
• Notice of Proposal to refuse an application for registration
• Notice of Proposal to refuse an application by a registered person
• Notice of Proposal to impose, vary or remove conditions of registration
• Notice of Proposal to suspend a registration, or to extend the period of a suspension of registration
• Notice of Proposal to cancel a registration.

Appeals

Registered persons have the right to appeal to the First-tier Tribunal (Care Standards) against enforcement action using the civil enforcement procedures. This includes action under urgent procedures but, in those cases, the Tribunal will ensure any appeal is fast tracked.

Appeals must be lodged within 28 days of the service of:

• A Notice of Decision.
• A notice of imposed, varied, or removed conditions and/or notice of suspension using the urgent procedures.
• A court order to cancel a registration using urgent procedures.

There is no right of appeal to the Tribunal in relation to Warning Notices, penalty notices or conviction for offences.

For providers that receive a rating, we offer the opportunity to request a review of their ratings. That review is not a statutory right of appeal, but a matter of CQC’s policy. It is separate to the procedures for representations and appeals on enforcement and registration decisions.