On 16 June 2011, the Care Quality Commission (CQC) announced the successful prosecution of Dr David Anthony Waghorn. Dr Waghorn was found to be carrying out cosmetic surgery at an independent hospital without being registered to do so as required by the Care Standards Act 2000 and ordered to pay a fine in the sum of £2,500 to the CQC.

The Health and Social Care Act 2008 stipulates that all providers of certain private medical treatments need to be registered with the CQC and comply with certain quality and safety standards. The CQC found that Dr Waghorn was in breach of these requirements after an unannounced inspection of The Berkeley Clinic in March 2010 in response to information received from a member of the public.

The CQC referred Dr Waghorn to the General Medical Council (GMC) which led to an order restricting his registration on 17 May 2010. The restrictions included a ruling that he was no longer allowed to carry out any cosmetic surgical work or aesthetic procedures, including liposuction. Further, he was not permitted to accept a new post without GMC approval.

Following Dr Waghorn’s prosecution, CQC’s London regional director commented: “This prosecution sends out a very clear message to providers that we will continue to act on intelligence received about unregistered services… we will not hesitate to take tough enforcement action where necessary to ensure the safety of patients.”