CQC Criminal Prosecutions

CQC prosecutes care homes and care establishments where a regulatory breach has occurred and which the CQC consider was serious enough to warrant a criminal prosecution, in the public interest and on the evidence available showing a prima facie case that there is a reasonable prospect of conviction.

Care Home Defence Service can advise and represent care homes and care establishments in all criminal prosecutions. We can advise on CQC fixed penalties, pleading guilty or not guilty, mitigation, character evidence, witness statements and exhibits, sentences, trials, appeals.

What type of Prosecutions does CQC bring against care homes?

CQC can bring a prosecution where there has been a failure to properly discharge a duty purusant to the regulations governing care homes and other healthcare establishments. The CQC can impose fixed penalties or formally prosecute,depending on the nature and degree of the breach.

One of the most significant areas for prosecution is where care homes fail to provide a lack of safe care. Here are some examples of successful CQC prosecutions:

• Death of elderly resident due to an overdose of analgesics – Care Home Provider Fined £4,000; Registered Manager also Fined £4,000. The resident was admitted and a number of failures occurred relating to the medications that the resident was on. Those errors led to the overdosing which was considered entirely avoidable if a safe system of drug management had been in place. These fines were imposed by CQC under the Fixed Penalty provisions.  (May 2018)
• Avoidable Injury to Resident who fell and sustained burn when she became stuck against a hot pipe – Fined £50,000 plus costs. Plea of guilty to failing to provide safe care and treatment. The care home provider was said to have failed in their duty to implement systems and processes to protect people from hot surfaces (avoidable contact). A resident fell and got stuck against a hot pipe causing an injury. (January 2020)

Who can be Prosecuted by CQC?

A Registered Provider, the Registered Manager, the Limited Company or other firm or charity operating the business, and the senior officers of the body corporate, such as the director, manager and secretary. See: s.91 Health and Social Care Act 2008 

Preparing for a Criminal Case

Interviews

First Appearance

Plea

Trial

Sentence

Appeal

CRIMINAL CASE REPRESENTATION

Care Home Defence Service represents care homes and other care establishments in criminal prosecutions brought by CQC. To see how we can assist you, give us a call without obligation and in strict confidence, or use our Contact Form.