After considering an application for registration CQC will send Notices of Proposal and Decision to providers. CQC states that it will always discuss the content of the Notice of Proposal or Notice of Decision with providers before they are sent out.
Notices of Decision tell providers that CQC has decided to register them subject to conditions and the reasons why, or tell providers of CQC's final decision following a notice of proposal.
Notices of Proposal tell providers that CQC proposes to refuse to register them, and why.
After having either type of Notice served on them, providers have the right to make written representations to CQC. There is no provision for verbal representations.
Time limits
Section 27(1) of the Health and Social Care Act 2008 states that representations must be made within 28 days of ‘service of the notice’.
For notices sent by email service is deemed to be one day after the notice was sent. For notices sent by post service is deemed to be 3 days after the post mark.
CQC must respond to representations about Notices within 28 days.
Representation to CQC
Written representations against notices of proposal are the opportunity for providers who disagree with CQC’s decision or proposal to explain to CQC why they think the decision should be reconsidered. Representations can be made using a representation form or in a letter.
CQC will consider the representations and then either:
- uphold the representations – thereby not adopting the original Notice and either:
a) varying or removing a condition (where it had decided to register subject to conditions), or
b) granting registration with conditions (where it had proposed to refuse to register), or
- confirm its decision or proposal – thereby adopting the original Notice.
A provider has the right to make a formal appeal against CQC’s Notices of Decision to the First-tier Tribunal. This appeal process is completely independent of CQC.
First-tier Tribunal
The Tribunal Service deals with appeals against decisions made by a variety of statutory regulators, government departments and other public providers
Appealing to the First-tier Tribunal (Care Standards) : A guide to the appeals procedures
An appeal to the First-tier Tribunal must be made within 28 days of receiving:
- A Notice of Decision to refuse an application.
- A letter from CQC advising that representation about a Notice of Decision to register subject to conditions is not upheld.
The First-tier Tribunal considers all the relevant evidence in a hearing and makes a decision. It can:
- Dismiss the appeal – the Notice of Decision is confirmed and takes effect, or
- Uphold the appeal.
A provider can appeal the decision of the First-tier Tribunal, by appealing to the Upper Tribunal.
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