Richard Dawson was instructed on behalf of the Care Quality Commission to resist appeal proceedings in the First-Tier Tribunal (Heath, Education and Social Care Chamber).

Richard was instructed by Rachael Hawkin at Hempsons.

The appeal was brought by the Appellant company against a decision by the CQC to cancel the company’s registration as a service provider, providing the regulated activity of personal care.

The decision to cancel followed an inspection at the single location which found extensive failures to comply with the Health & Social Care Act 2008 (Regulated Activities) Regulations 2014.

The case was complicated by the fact that the director of the Appellant company had separate locations specified on a another service provider registration in his own name, as a sole trader. However, erroneously and without authority, the Appellant company had been operating those other locations also. Following inspection by the CQC, each of those other locations was deemed to be providing a good standard of care to service users.

At the appeal, a compromise was reached to remove the failing location and to regularise the registration of the good locations, to ensure the future safety and well being of those service users and to ensure proper regulatory oversight moving forward.

Richard Dawson is an expert trial lawyer, specialising in regulatory law and professional misconduct, in cases where corporate and professional defendants face regulatory investigation and prosecution, before all courts and tribunal services.

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