CQC Notice of Proposal: How to Make Written Representations in 28 Days

CQC Notice of Proposal: How to Make Written Representations in 28 Days

A Notice of Proposal is CQC telling you what it intends to do. You have 28 days to respond in writing. Here is how to do it well.

A CQC Notice of Proposal says CQC intends to impose or vary conditions, suspend or cancel a registration, or refuse an application. You have the right to make written representations within 28 calendar days of service of the notice. You must send your full representations and any evidence within that period. Verbal representations are not accepted. If you do not challenge it, CQC will issue a Notice of Decision, which you can appeal to the First-tier Tribunal.

Receiving a Notice of Proposal is serious, but it is not the end. CQC’s guidance (CQC: representations and appeals) explains the process and your rights. This article turns it into a plan for a registered manager or nominated individual working with their legal adviser.

This is general information, not legal advice. If you receive a Notice of Proposal, take specialist legal advice immediately. For the wider context, see CQC enforcement action explained.

What Is a Notice of Proposal?

CQC serves a Notice of Proposal on a registered person (provider or registered manager), or an applicant, to enable it to:

• impose or vary conditions on a registration;
• suspend a registration;
• cancel a registration;
• refuse an application for registration; or
• refuse an application by a registered person.

You then have the right to make written representations about any matter you wish to dispute. You do not have to. If you choose not to, CQC will issue a Notice of Decision.

The 28-Day Deadline

Section 27(1) of the Health and Social Care Act 2008 requires representations within 28 calendar days of service of the notice. CQC says:

• For notices sent by email, the day of service is the next working day after CQC sent the notice.
• For notices sent by post, it is three calendar days after posting.
• You must submit your full representations and any evidence within the period. You cannot say you will submit them and send them later.
• CQC will send an acknowledgement email. Keep it until the review is concluded.

Diary the date the moment the notice arrives and work back from it.

How to Submit Representations

Representations must be in writing: by email, post or delivered to a CQC office. CQC cannot accept verbal representations. Email them, with evidence, to HSCA_NoP_Representations@cqc.org.uk. CQC encourages, but does not require, use of its representations form. It makes clear you are responding to a Notice of Proposal and helps structure your response.

If your attachments are large, split them across numbered emails. CQC notes files over 15MB may be too big to send in one email. CQC checks that anyone writing on your behalf is authorised.

What to Include

• The specific points you dispute and why, point by point against the notice.
• What you have done since to address the concerns, with dates.
• Supporting evidence, clearly listed so CQC can check it received everything. CQC suggests photographs of actions taken, external professional reports or audits, and documents that address its specific concerns.
• Everything you want considered. The factual accuracy check is separate and does not form part of this process, so include relevant information in your representations.

Strong evidence is dated, independent where possible and linked to each concern. A tracked improvement plan with owners, dates and proof helps. See how to write a CQC improvement plan.

How CQC Decides

CQC’s National Representations team considers your submission and makes a recommendation to a delegated authority, which decides whether to adopt the notice. Both are independent of the inspection team that decided to serve it. The decision is based on the notice, your representations and your evidence, and may also consider public information such as published inspection reports.

• CQC may ask for clarification or further information, usually allowing 7 days to reply, and may give the inspection team 7 days to comment, with a further 7 days for you.
• There is no legal timescale for deciding, but CQC aims to respond within 40 working days of receiving representations.
• If CQC decides not to adopt the notice, it withdraws it and takes no action, though it may issue a new or additional notice, and you can make representations again.
• If it adopts the notice, it serves a Notice of Decision explaining when it takes effect and how to appeal.

Appealing a Notice of Decision

You can appeal a Notice of Decision to the First-tier Tribunal (Health, Education and Social Care Chamber) under section 32, in writing within 28 calendar days of service of the notice. If it was not issued under the urgent procedures you can continue to carry on the regulated activity while appealing. See appealing to the First-tier Tribunal.

Urgent procedures are different: there is no Notice of Proposal and no representations stage. See urgent suspension and cancellation.

Preventing a Notice of Proposal

CQC’s enforcement approach looks at risk, history and your response. The best protection is demonstrable control: audits that find problems, actions that close them and honest engagement with CQC. See responding to a warning notice, special measures and Regulation 17.

CQCLogic helps you hold the action plan, owners, deadlines and uploaded evidence together, which is what a representations pack is built from. It does not replace legal advice.