CQC Enforcement Action: Powers, Notices, Examples and What Happens Next

The full ladder of CQC enforcement powers from CQC’s own policy: what each notice is, how CQC decides which to use, which are urgent, what you can challenge and how much the fines are.

📅 Updated October 2026
🕐 20 min read
Complete guide
✍️ CQCLogic Team
✅ Checked against CQC guidance 23 October 2026

CQC enforcement action is the formal use of CQC’s legal powers when a registered provider or manager breaches the regulations. The civil powers are warning notices, conditions on registration, suspension and cancellation. The criminal powers are simple cautions, fixed penalty notices and prosecution. CQC picks the power by scoring how serious the breach is: the likely impact on people if it happened again, and how likely a repeat is. A low score points to an action plan request (which CQC says is not itself enforcement action). A medium score points to conditions or a warning notice, a high score to suspension, cancellation or significant conditions, and an extreme score to urgent action that takes effect immediately.

This is the hub guide to CQC enforcement. It applies to registered providers and registered managers of care homes, home care agencies and other CQC-regulated services in England. Every statement is drawn from CQC’s published enforcement policy and linked in the sources section, which also shows the date each CQC page was last updated.

If you have already received a notice, jump to the table of what to do first. Our detailed guides cover each notice type: warning notices, notices of proposal, urgent suspension and cancellation, appeals to the tribunal and prosecutions and offences.

Key takeaways

  • CQC’s civil powers protect people by forcing improvement: warning notices, conditions, suspension, cancellation. Its criminal powers hold people to account: cautions, fixed penalties, prosecution.
  • An action plan request (the new name for a requirement notice) is not enforcement action in CQC’s policy, but ignoring it is an offence.
  • CQC chooses the power with a published four-stage decision tree and a low, medium, high or extreme seriousness score.
  • Urgent conditions and suspension take effect at once, and an appeal does not pause them. Urgent cancellation needs a magistrate’s order.
  • Appeals to the tribunal must be lodged within 28 days. There is no appeal against a warning notice or a penalty notice.

What is CQC enforcement action?

CQC enforcement action is the use of CQC’s statutory powers under the Health and Social Care Act 2008 when a registered provider or registered manager breaches the Act, the registration regulations, the Regulated Activities Regulations 2014 or a condition of registration. CQC can also act against anyone who provides a regulated activity without being registered. Its policy sets out two purposes: to protect people who use regulated services from harm, and to hold providers and individuals to account. See CQC: How we use our enforcement powers.

There are two families of power:

  • Civil powers protect people by forcing change: warning notices, imposing or changing conditions, suspending registration and cancelling registration, including urgent versions.
  • Criminal powers hold the provider or an individual to account: simple cautions, fixed penalty notices and prosecution.

One point surprises many providers. CQC’s policy says an action plan request, which was previously called a requirement notice, “does not constitute an enforcement action”. It sits in the policy as a way of requiring improvement, but it still tells you CQC considers you in breach.

The CQC enforcement ladder: every power in one table

This table lists each power in roughly increasing order of seriousness. “Challenge” shows the route CQC’s policy gives you. Sources are in the sources section.

PowerWhat it doesTypeYour challenge route
Action plan request (formerly requirement notice)Requires a report showing how and by when you will comply. Not enforcement action itself.RegulatoryNone set out; respond within the deadline
Warning notice (section 29)Says you are not meeting a legal requirement and sets a timescale to comply.CivilWritten representations (10 working days). No tribunal appeal.
Section 29A warning noticeSame, for NHS trusts and foundation trusts needing significant improvement.CivilRepresentations. No tribunal appeal.
Impose, vary or remove conditionsRestricts what you may do, for example stopping new admissions or a regulated activity at one location.CivilNotice of Proposal, representations, Notice of Decision, tribunal appeal within 28 days
Suspend registrationStops you carrying on the regulated activity for a set period.CivilAs above
Cancel registrationRemoves registration at every location of that registered person.CivilAs above
Urgent conditions or suspension (section 31)Takes effect immediately, with no Notice of Proposal.Civil, urgentTribunal appeal within 28 days, fast-tracked. Appeal does not stop the notice taking effect.
Urgent cancellation (section 30)CQC applies to a magistrate (Justice of the Peace) for an order.Civil, urgentTribunal appeal against the order within 28 days
Special administration (NHS trusts)An administrator is appointed after a section 29A warning notice is not complied with.CivilConsultation before use
Simple cautionFormal record of an offence you admit, instead of prosecution.CriminalYou can refuse it, but CQC will then consider prosecution
Fixed penalty noticePayment to avoid prosecution for certain offences.CriminalYou need not pay, but non-payment normally leads to prosecution. No tribunal appeal.
ProsecutionCourt proceedings; fines can be unlimited, and imprisonment is possible for running a service unregistered.CriminalDefend in court

Special measures is not a separate power. In CQC’s policy it is a framework that wraps time limits and closer supervision around services rated Inadequate, and CQC can still use any of the powers above while a service is in it. See our guide to CQC special measures.

How CQC decides which enforcement action to take

CQC uses a four-stage enforcement decision tree, published at CQC: Enforcement decision tree:

  1. Stage 1, initial assessment. CQC reviews the information it holds and decides whether to gather more, refer it to another body or move to enforcement. Every safeguarding alert should be reviewed. See Stage 1.
  2. Stage 2, legal and evidential review. CQC identifies the breach of a legal requirement and checks it has sufficient, credible and properly recorded evidence, usually by building an evidence bundle.
  3. Stage 3, selecting the action. CQC scores seriousness, then looks for multiple or persistent breaches. See Stage 3.
  4. Stage 4, final review. A decision-making meeting or management review meeting takes the final decision on civil action and on whether criminal enforcement should also be pursued, checking it against CQC’s enforcement priorities.

The seriousness matrix

At Stage 3 CQC rates the potential impact if the breach were repeated (minor, moderate or major) and the likelihood that the facts will happen again (remote, possible or probable). Together they give a seriousness score:

Potential impactRemotePossibleProbable
MinorLowLowMedium
ModerateLowMediumHigh
MajorMediumHighExtreme

The score points to a recommended starting action:

SeriousnessRecommended initial action
LowAction plan request
MediumConditions (impose, vary or remove), section 29 warning notice or section 29A warning notice
HighCancellation, suspension or more significant conditions
ExtremeUrgent cancellation, urgent suspension or urgent conditions

“Major” impact means a breach that, if repeated, would risk permanent disability, an irreversible condition or a major reduction in quality of life. “Probable” means it is more likely than not that the same facts will recur because controls are insufficient or ineffective. A recommendation is only a start: CQC then applies Stage 3B.

What pushes enforcement up or down: multiple and persistent breaches

Stage 3B can raise or lower the starting point. CQC asks whether there was a failure to assess or act on past risk, whether there is more than one breach or more than one Inadequate key question, whether the provider’s track record shows repeated breaches, and whether leadership and governance are adequate. One question matters a great deal: where a provider still has an Inadequate rating at the end of the time-limited period, CQC’s guidance tells staff to consider cancelling the registration, or removing the relevant locations, unless there is good reason not to.

CQC enforcement action examples

CQC’s decision tree includes its own worked examples. Two are summarised here, then four illustrative scenarios show how the matrix would point. The scenarios are illustrations we have written to explain the policy, not real cases, and the real decision depends on the evidence and on Stage 3B.

ScenarioImpact and likelihoodLikely starting point
CQC example: a learning disability service has an epilepsy risk assessment policy but does not carry one out for a person with a serious seizure history, who drowns in a bath. CQC says this raises questions about risk assessment across the whole service.Major, with the wider question of failure to assess and act on riskStage 3B is used to test the provider’s systems overall, which can raise the action
CQC example: a mental health provider has no central incident reporting, disjointed governance and Inadequate ratings overall and for safe and responsive.Multiple breaches and poor governanceInitial recommendation reviewed upwards
Illustration: a care home misses two out of date medication audits but no one is harmed and the manager has already fixed the process.Minor impact, remote likelihoodLow: action plan request
Illustration: a home care agency has no reliable call monitoring and several people have missed visits with temporary harm.Moderate impact, probable repeatHigh: significant conditions, suspension or cancellation considered
Illustration: a warning notice about staffing is ignored and the same staffing shortfall causes a serious incident.Major impact, probable repeat, plus a failure to complyExtreme: urgent conditions or suspension, and prosecution considered
Illustration: a provider carries on a regulated activity after its registration is suspended.Offence in its own rightCriminal: prosecution or fixed penalty considered

The practical lesson is the same in each row: CQC is looking at the risk of repetition, so the evidence that controls now work often matters more than the story of the original incident.

Urgent enforcement action: section 30 and section 31

Urgent procedures exist for the rare case where waiting for the normal process would leave people at risk. CQC’s policy says it uses them where the evidence shows that:

  • unless conditions are urgently imposed or varied, or registration is urgently suspended, a person will or may be exposed to harm; or
  • unless CQC applies to a Justice of the Peace to cancel registration urgently, a person will be exposed to serious risk to their life, health or wellbeing.

The two routes work differently, as CQC’s guidance on notices of proposal and urgent procedures explains:

Section 31 (urgent conditions or suspension)Section 30 (urgent cancellation)
Who decidesCQC serves a Notice of DecisionA magistrate makes an order on CQC’s application
When it takes effectWith immediate effectWhen the order is made
Notice of Proposal and representationsNoneNone
Advance noticeNo set advance noticeCQC will, where reasonably practicable, tell you before applying
AppealFirst-tier Tribunal within 28 days; does not stop the notice taking effect; fast-trackedFirst-tier Tribunal within 28 days

It is a criminal offence to carry on a regulated activity after suspension or cancellation, or to ignore a condition. That applies even where the original breach was not itself an offence. Read more in our guide to urgent suspension and cancellation.

Non-urgent action on registration: notice of proposal to appeal

For conditions, suspension or cancellation that is not urgent, CQC follows a set path:

  1. CQC serves a Notice of Proposal setting out what it proposes and why.
  2. You may make written representations and send evidence. You do not have to challenge it, but if you do not, CQC will issue a Notice of Decision.
  3. CQC either withdraws the proposal or adopts it and serves a Notice of Decision.
  4. You may appeal to the First-tier Tribunal (Health, Education and Social Care Chamber) within 28 days of service.

The same Notice of Proposal route applies to refusing a registration application. Our detailed guides: notice of proposal and written representations and appealing to the tribunal. Cancelling a registration is, in CQC’s words, a powerful sanction it will not normally use until it has made considerable effort to get the provider to meet the legal requirements.

Warning notices: what they are and what to do

A warning notice under section 29 tells a registered person that CQC considers they are not meeting a condition of registration, a requirement in the Act, or a regulation or other relevant legal requirement. CQC can serve one for a past failure or a continuing breach. If it covers a continuing breach, it sets a timescale to comply. There is no legally fixed timescale: CQC sets a reasonable one that reflects the risk and may be tighter where your track record is poor.

  • You can make written representations (10 working days from the notice, according to CQC’s guidance).
  • Representations go on CQC’s warning notice representations form, sent to HSCA_Representations@cqc.org.uk, as CQC’s enforcement and representations page explains. CQC says its action is proportionate to the impact of the breach on people and how serious it is.
  • There is no right of appeal to the tribunal against a warning notice.
  • CQC aims to follow up every warning notice with a check, including unannounced visits where necessary, within three months of the date set in the notice.
  • If you comply by the deadline, tell CQC by email as the guidance describes, not through the representations form.
  • CQC can publish a summary of a warning notice if you were given the chance to make representations first.
  • For serious, multiple or persistent breaches of the harm-related fundamental standards, CQC says it will generally prosecute without issuing a warning notice first.

Read CQC: Warning notices and our warning notice response guide. NHS trusts can receive a section 29A warning notice where significant improvement is needed even without a legal breach.

Action plan requests (formerly requirement notices)

CQC’s June 2026 enforcement policy says that where a registered person is in breach of a regulation but people are not at immediate risk, CQC may request a report from the provider. This is called an action plan request and CQC’s own decision tree says it was “previously called a Requirement Notice”. Many provider articles and CQC pages still use the older term, so use both when you search.

  • It notifies you that CQC considers you in breach of your legal obligations.
  • The report must show how you will comply and what you are doing or propose to do. The action must be within a timeframe CQC judges reasonable.
  • If the plan does not satisfactorily address the issues, CQC may decide not to accept it.
  • Failing to send the requested report within the timescale is an offence and could lead CQC to use stronger powers.
  • CQC considers one where the impact on people is not immediately significant, you should be able to improve in a reasonable time, and you have no history of poor performance giving rise to wider concerns.

Our improvement plan guide and action plan template show how to write one that inspectors accept.

Criminal enforcement: cautions, fixed penalties and prosecution

CQC’s criminal powers are described in CQC: Holding registered persons and individuals to account.

Simple cautions

A simple caution records an offence you admit without prosecution. You do not have to accept it, but if you refuse, CQC will consider prosecution. CQC considers one where there is enough evidence to prosecute but improvement without lengthy proceedings is a realistic and more proportionate option, and the impact on people was insubstantial.

Fixed penalty notices

Paying a fixed penalty avoids prosecution for the offence. CQC can only issue one where it could have prosecuted, and it has discretion. You need not pay, but failing to pay normally leads to prosecution, and CQC may use other enforcement powers. Any money paid is passed on to the Secretary of State for Health and Social Care. There is no tribunal appeal against a penalty notice.

Prosecution

CQC considers prosecution where there is a realistic prospect of conviction and it is in the public interest, guided by the Code for Crown Prosecutors. The criteria include avoidable harm or significant risk of harm, services given without consent, failure to display ratings, failure to comply with a requirement, warning notice, condition, suspension or cancellation, and wilful false information or obstruction of inspectors. Proceedings can be brought within 12 months of CQC’s prosecutor having enough evidence, and up to three years after the offence.

Directors and registered managers

CQC can also prosecute individuals, such as directors, registered managers or the company secretary, where an offence was committed with their consent or connivance, or is attributable to their neglect. It can also cancel a registered manager’s registration or refuse registration to someone who is not a fit and proper person. See the fit and proper persons requirement.

CQC is the lead body for safety and quality of care for people using registered services. The Health and Safety Executive or local authorities lead on workplace safety and on providers that are not CQC-registered. CQC also has a memorandum of understanding with the HSE.

CQC fines and penalties: how much?

CQC’s penalties and fines page sets the fixed penalty amounts below, and the maximum fine a court can impose.

OffenceFixed penalty
Failure to comply with quality and safety regulations (Regulation 22 of the 2014 Regulations)Provider £4,000; registered manager £2,000
Failure to comply with conditions of registrationProvider £4,000; registered manager £2,000
Carrying on a regulated activity without being registered£4,000
Carrying on a regulated activity while registration is suspended£4,000
Managing a regulated activity while registration is cancelled or suspended£2,000
Failure to provide an updated statement of purpose; failure to make required notifications; failure to provide a statement of feesProvider £1,250; registered manager £625
Obstructing entry and inspection; failing to provide documents, information or an explanation£300

The maximum court fine for failing to comply with the quality and safety regulations, failing to comply with conditions, and offences relating to suspension or cancellation is unlimited. Carrying on an activity without registration carries an unlimited fine or 12 months. Obstruction and failure to provide information have a £2,500 maximum, and failure to display a performance assessment has a £100 maximum. Check the live table on CQC’s page before relying on an amount.

What triggers CQC enforcement action?

CQC’s Stage 1 guidance lists where the information comes from: its own assessments, notifications from providers, safeguarding alerts, whistleblowing, RIDDOR reports and coroners’ reports, complaints and information from the public. CQC says it cannot follow up every potential breach proportionately, but every safeguarding alert should be reviewed and every notification reviewed by the right colleague.

Most concerns will not go straight to enforcement. CQC expects that relatively few cases move from initial assessment straight to Stage 2, because most need further enquiries. The factors that push CQC towards formal action in its policy include an Inadequate rating, a breach causing harm or risk of harm, failing to act on previous findings, poor governance, and not meeting an earlier notice. See what causes an Inadequate rating and the notifiable events list.

Will CQC publish the enforcement action?

CQC says it is required by law to publish certain details of civil and criminal enforcement, and any action taken under its urgent powers, by publishing a summary on the relevant location’s profile page. From March 2024 it no longer includes enforcement information in assessment reports; where a process of regulatory action has begun, CQC may publish after any representations or appeals have concluded and were not upheld. CQC must publish information about any offence for which a registered person has been convicted. It also sends copies of notices to commissioners and other bodies. Read CQC: Publication and notification of enforcement action.

How CQC enforcement action ends

Enforcement is meant to be temporary where the provider fixes the problem. What CQC’s policy says about each stage:

  • Action plan request: CQC accepts the plan if it satisfactorily addresses the issues and the timescale is reasonable. If not, it can decide not to accept it and use stronger powers.
  • Warning notice: CQC aims to check compliance within three months of the date set in the notice. If you have complied, you tell CQC by email. If you have not, CQC will consider further civil or criminal action.
  • Conditions: CQC uses conditions so they can be removed when the concern has been addressed, for example a restriction at one location lifted once it is safe.
  • Suspension: runs for a specified period, which CQC can extend if it thinks necessary.
  • Cancellation: permanent for that registered person, at all locations. CQC does not normally use it until it has made considerable effort to get the provider to comply.
  • Special measures: ends through a follow-up assessment showing improvement, and where a service is still Inadequate at the end of the time limit CQC is likely to seek cancellation.

Throughout, it is your legal responsibility to improve. A fresh re-inspection is where the evidence you have kept is tested.

How to reduce the risk of CQC enforcement action

CQC’s Stage 3B questions are, in effect, a list of what makes enforcement more likely or less likely. They point to five habits:

  1. Assess and act on known risks. A history of failing to act on risks, past CQC reports or earlier enforcement pushes action up.
  2. Fix repeat problems at the root. Repeated breaches and a poor track record of improvement count heavily. See what causes an Inadequate rating.
  3. Strengthen governance. Leadership and governance adequacy is a named factor. See Regulation 17.
  4. Send notifications on time. Failing to make required notifications is both an offence with a fixed penalty and a pattern CQC watches. See the notifiable events list.
  5. Keep the evidence trail. Audits, action logs and dated proof of what you changed are what allow a notice to close. A regular audit routine is the simplest start.

What to do first when you receive a CQC notice

NoticeYour windowFirst move
Action plan requestThe deadline in the requestWrite a plan with owners, dates and evidence, and send it on time
Warning notice10 working days for representations; the compliance date in the noticeDecide whether to make representations; start fixing the breach now
Notice of ProposalRepresentations deadline in the noticeInstruct advice; assemble evidence of improvement; respond in writing
Notice of Decision28 days to appealGet legal advice at once and diarise the deadline
Urgent notice or order28 days to appeal; the notice applies immediatelyComply, protect people, and take legal advice the same day
Fixed penalty noticeAs stated in the noticeTake advice before paying or declining; non-payment normally leads to prosecution
Invitation to interview under cautionAs arrangedGet criminal defence advice before answering questions

Whatever the notice, three things help: keep a written record of what CQC said and when, build an evidence file for every action you take, and keep people safe first. Our response guide and what happens if you fail an inspection cover the wider recovery steps. This guide is general information, not legal advice.

Sources and how this was checked

Every statement above was checked against CQC’s published pages on 23 October 2026:

Where CQC changes its terms or amounts, its own pages take priority over this summary.

Keep every enforcement deadline and action in one place

CQCLogic keeps your action plan, owners, deadlines and evidence in one task list so you can show progress when CQC follows up. It tracks your work; it does not submit anything to CQC or give legal advice. See a sample improvement plan, view pricing or get started free.

Frequently Asked Questions

What enforcement action can CQC take?

Civil powers: action plan requests, warning notices (section 29 and 29A), imposing or changing conditions, suspension and cancellation of registration, plus urgent versions under sections 30 and 31. Criminal powers: simple cautions, fixed penalty notices and prosecution.

What is considered an enforcement action?

In CQC’s policy, enforcement action includes warning notices, conditions, suspension, cancellation and the criminal powers. An action plan request (formerly a requirement notice) is listed under requiring improvement and CQC says it does not constitute an enforcement action.

What is enforcement action?

It is CQC using its legal powers under the Health and Social Care Act 2008 to make a provider improve or to hold a provider or individual to account for a breach.

What happens if I get a CQC enforcement notice?

Check which notice it is and your deadline. Warning notices allow written representations; notices of proposal allow representations before a decision; notices of decision and urgent notices can be appealed to the First-tier Tribunal within 28 days. Start fixing the breach immediately and keep evidence.

What happens if I ignore a CQC enforcement notice?

Ignoring a warning notice is likely to lead to further action, including prosecution. Failing to send a requested action plan, ignoring conditions, or carrying on after suspension or cancellation are offences. Ignoring a notice of proposal means CQC will issue a notice of decision.

What is an example of CQC enforcement action?

A warning notice about staffing with a deadline to comply; conditions stopping new admissions to a care home; suspension of registration; or prosecution after a death caused by failure to follow risk assessments. See the examples table above for how CQC’s matrix points to each.

What is urgent enforcement action?

Urgent conditions or suspension under section 31, and urgent cancellation by magistrate’s order under section 30. They are used where people will or may be exposed to harm, or to serious risk to life, health or wellbeing. Section 31 notices take effect immediately and an appeal does not pause them.

What is a section 31 notice?

A notice of decision under section 31 of the Health and Social Care Act 2008 that imposes, varies or removes conditions, or suspends or extends a suspension, with immediate effect. There is no notice of proposal, so no written representations stage, but you can appeal to the First-tier Tribunal within 28 days.

Can CQC prosecute?

Yes. CQC can prosecute registered providers and, where an offence was committed with their consent or connivance or is due to their neglect, individuals such as directors and registered managers. It applies the Code for Crown Prosecutors.

Is a fixed penalty notice enforceable?

You are not obliged to pay it, but CQC’s policy says failure to pay normally leads to prosecution. Paying avoids prosecution for that offence. There is no appeal to the tribunal against a penalty notice.

How much is a CQC fixed penalty?

For failing to comply with the quality and safety regulations or conditions of registration, £4,000 for a provider and £2,000 for a registered manager. Notification failures and statement of purpose failures are £1,250 and £625. Obstruction or failing to give information is £300.

Do I have to declare a CQC fixed penalty notice?

That depends on the wording of the form, insurer or commissioner asking. Paying avoids prosecution for that offence, but you should take legal advice on what you must disclose.

What happens if you are reported to CQC?

CQC does an initial assessment: it may gather more information, refer the concern to another body or move to the legal and evidential review. Every safeguarding alert should be reviewed, and most concerns need more enquiries before any enforcement.

Can I keep running my service during CQC enforcement?

It depends on the action. An action plan request or warning notice does not stop you operating. Conditions can limit what you do, for example stopping new admissions. If registration is suspended or cancelled you must stop the regulated activity, and carrying on is a criminal offence.

Will CQC publish enforcement action?

CQC says it must publish certain details of civil and criminal enforcement and any urgent action, as a summary on the location’s profile page, and must publish any conviction. For action that is still being challenged, it may publish after representations or appeals have concluded and were not upheld.

How do I make representations about a CQC warning notice?

In writing, within 10 working days, using CQC’s warning notice representations form sent to HSCA_Representations@cqc.org.uk. There is no tribunal appeal against a warning notice.

Can CQC close a care home?

It can cancel the provider’s registration, usually through a Notice of Proposal and Notice of Decision, or urgently via a magistrate. CQC says cancellation is a powerful sanction it will not normally use until it has made considerable effort to get the provider to comply.