Number of legal evidential reviews and decisions to prosecute April 2015-Nov 2016

The request was partially successful.

Dear Care Quality Commission,

Since April 2015, the CQC has had the power to directly prosecute relevant organisations for breaches of the following regulations:

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
The Health and Social Care Act 2008 (Registration and Regulated Activities) Regulations 2015

This Freedom of Information Request is to ask for the following information, broken down into the following groups of regulations (following the grouping on the CQC website http://www.cqc.org.uk/content/offences ):

Regulations 11; 16(3); 17(3); 20(2)(a); 20(3); 20A

Regulations 12; 13; 14 (subject to the qualification of Regulation 22(2)

Regulations 12; 15; 16; 17; 18; 19; 20

If there are insufficient cases in these groupings to risk potential identification, please provide information relating to a total against all prosecutable regulations.

From 1 April 2015 to 31 March 2016, and separately from 1 April 2016 to 30 Nov 2017:

1) In how many cases have the CQC legal team provided a full evidential review to provide legal advice on whether there was sufficient evidence to prosecute under the regulations outlined above?

2) In how many cases have the CQC legal team provided legal advice short of a full evidential review on whether there was sufficient evidence to prosecute under the regulations outlined above?

3) In how many cases has the Head of Inspection (with the advice of the legal team) taken a decision to prosecute?

4) In how many cases has a prosecution proceeded, and in completed cases what have the outcomes of these prosecutions been?

I look forward to hearing from in due course.

Yours faithfully,

Chris Hatton

Dear Care Quality Commission,

Many apologies for making an error in my original FoI request - the dates should read 1 April 2015-31 March 2016 and 1 April 2016 to 30 Nov 2016 (not 30 Nov 2017 as I originally put).

Yours faithfully,

Chris Hatton

Information Access, Care Quality Commission

Dear Mr Hatton

 

We write to acknowledge your correspondence dated 07 December 2016, in
which you asked to be provided with information from the Care Quality
Commission (CQC).

 

Your request is as follows:

 

“Since April 2015, the CQC has had the power to directly prosecute
relevant organisations for breaches of the following regulations:

 

The Health and Social Care Act 2008 (Regulated Activities) Regulations
2014 The Health and Social Care Act 2008 (Registration and Regulated
Activities) Regulations 2015

 

This Freedom of Information Request is to ask for the following
information, broken down into the following groups of regulations
(following the grouping on the CQC website
http://www.cqc.org.uk/content/offences ):

 

Regulations 11; 16(3); 17(3); 20(2)(a); 20(3); 20A

Regulations 12; 13; 14 (subject to the qualification of Regulation 22(2)

Regulations 12; 15; 16; 17; 18; 19; 20

 

If there are insufficient cases in these groupings to risk potential
identification, please provide information relating to a total against all
prosecutable regulations.

 

From 1 April 2015 to 31 March 2016, and separately from 1 April 2016 to 30
Nov 2016:

 

1) In how many cases have the CQC legal team provided a full evidential
review to provide legal advice on whether there was sufficient evidence to
prosecute under the regulations outlined above?

2) In how many cases have the CQC legal team provided legal advice short
of a full evidential review on whether there was sufficient evidence to
prosecute under the regulations outlined above?

3) In how many cases has the Head of Inspection (with the advice of the
legal team) taken a decision to prosecute?

4) In how many cases has a prosecution proceeded, and in completed cases
what have the outcomes of these prosecutions been?”

 

We can confirm that your request is now being processed in accordance with
the Freedom of Information Act 2000 (FOIA).

 

CQC will endeavour to respond to you as soon as possible but must legally
do so within 20 working days from the date of receipt of your request, as
required by FOIA.

 

You can therefore expect a response from CQC no later than the close of
business on 09 January 2017. We will inform you if we are unable to meet
this deadline.

 

Some of the information requested may be exempt from disclosure under
FOIA. Should this occur, we will fully explain the reasons why when we
respond.

 

Regards

 

On behalf of:

Information Access Team

 

Care Quality Commission

Citygate

Gallowgate

Newcastle upon Tyne

NE1 4PA

 

Statutory requests for information made under access to information
legislation, such as the Data Protection Act 1998 and the Freedom of
Information Act 2000, should be sent to:  [1][CQC request email]

 

 

show quoted sections

References

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1. mailto:[CQC request email]

Information Access, Care Quality Commission

1 Attachment

20 December 2016

 

Our Ref: CQC IAT 1617 0600

 

Dear Mr Hatton

 

Thank you for your correspondence of 07 December 2016 in which you asked:

 

“1) In how many cases have the CQC legal team provided a full evidential
review to provide legal advice on whether there was sufficient evidence to
prosecute under the regulations outlined above?

2) In how many cases have the CQC legal team provided legal advice short
of a full evidential review on whether there was sufficient evidence to
prosecute under the regulations outlined above?

3) In how many cases has the Head of Inspection (with the advice of the
legal team) taken a decision to prosecute?

4) In how many cases has a prosecution proceeded, and in completed cases
what have the outcomes of these prosecutions been?”

 

The Information Access team has now coordinated a response to your request
for information and we are able to confirm that the Care Quality
Commission (CQC) does hold recorded information in relation to this
matter. This has been outlined in the attached note.

 

For the second part of your request we are unable to provide this
information as it exceeds the cost limit as set out under Section 12 of
the Freedom of Information Act. We have provided a more detailed
explanation for withholding this information in the attached note. We have
also provided advice and assistance as to how you may be able to narrow
your request.

 

Feedback

 

CQC will always endeavour to provide the highest quality responses to
requests for information and seek to provide responses that are as helpful
as possible. We would therefore appreciate if you can complete our online
feedback form by visiting the following website:

 

[1]http://webdataforms.cqc.org.uk/Checkbox/...

 

Any information you provide will be held securely and only used for the
purposes of improving the Information Rights service that CQC provide.

 

Yours sincerely

 

The Information Access team

 

Customer & Corporate Services Directorate

Care Quality Commission
Citygate

Gallowgate
Newcastle upon Tyne
NE1 4PA

 

The Care Quality Commission is the independent regulator of health and
adult social care services in England. [2]www.cqc.org.uk. For general
enquiries, call the National Customer Service Centre (NCSC) on 03000
616161 or email [3][email address].

 

Statutory requests for information made under access to information
legislation such as the Data Protection Act 1998 and the Freedom of
Information Act 2000 should be sent to: [4][CQC request email]

 

show quoted sections

References

Visible links
1. http://webdataforms.cqc.org.uk/Checkbox/...
2. http://www.cqc.org.uk/
3. mailto:[email address]
4. mailto:[CQC request email]

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