We have commented in earlier briefings on the increase in enforcement action by CQC. For example, CQC has reported that as of 31 March 2017, there were 1,271 enforcement actions in progress. A previous briefing also commented specifically on the increase in Notices of Proposal to vary the registration of providers.

Providers who unsuccessfully make representations opposing a Notice of Proposal by the CQC to vary their registration must appeal to the First Tier Tribunal if they wish to appeal the CQC’s decision.

An appeal to the First Tier Tribunal must be made within 28 days of the Notice of Decision confirming that the CQC wishes to adopt a proposal. Specialist advice is crucial especially as there are several important tactical issues to consider when pursuing any appeal.

Care and experience will be needed to consider the nature of the evidence needed to support the appeal, whether to use expert evidence and how. We have significant expertise and experience in dealing with these appeals.