CQC Urgent Suspension and Cancellation: Section 31 and Section 30 Explained
CQC can act immediately when there is a serious, immediate risk. Here is how the urgent powers work, what they mean for your service and how to appeal.
CQC can act urgently, without a Notice of Proposal, to suspend a registration, extend a suspension, or impose, vary or remove conditions with immediate effect under section 31 of the Health and Social Care Act 2008. It can also apply to a magistrate under section 30 for an order to cancel a registration immediately, where not doing so would pose a serious, immediate risk to a person’s life, health or wellbeing. There is no written representations stage, but you can appeal to the First-tier Tribunal.
Most CQC enforcement follows a process: warning, Notice of Proposal, representations, Notice of Decision. Urgent action does not. CQC’s guidance (CQC: Notices of Proposal, Notices of Decision and urgent cancellation orders) explains the two routes it uses when risk is immediate.
This is general information, not legal advice. If CQC uses urgent powers against you, take specialist legal advice at once. For the wider picture, see CQC enforcement action explained.
Key takeaways
- Section 31 notices of decision can suspend, extend a suspension or vary, remove or impose conditions with immediate effect.
- Section 30 lets CQC apply to a magistrate for an order to cancel a registration immediately.
- CQC does not serve a Notice of Proposal first, so there is no written representations process.
- You can appeal to the First-tier Tribunal within 28 calendar days.
- Urgent decisions remain in place during an appeal unless and until the Tribunal decides otherwise.
In this guide
The Two Urgent Routes
| Power | What CQC can do | Who decides |
|---|---|---|
| Section 31 (Notice of Decision under urgent procedures) | Suspend your registration, extend a suspension, or vary, remove or impose a condition with immediate effect | CQC |
| Section 30 (urgent cancellation order) | Apply for an order to cancel a registration immediately | A magistrate |
CQC says it can apply for a section 30 order if not cancelling the registration would pose a serious, immediate risk to a person’s life, health or wellbeing.
Why There Is No Notice of Proposal
CQC says it does not serve Notices of Proposal under urgent procedures, so there is no written representations process for them. It also does not serve a Notice of Proposal before applying for an urgent cancellation order. Your route to challenge is an appeal to the First-tier Tribunal. For the normal process, see Notice of Proposal and written representations.
How to Appeal
- Appeal in writing to the First-tier Tribunal (Health, Education and Social Care Chamber) under section 32 of the 2008 Act.
- You must submit it within 28 calendar days of service of the notice or the date the magistrate’s order was issued.
- If you do not appeal, the decision becomes final when the 28 days expire, or sooner if you tell CQC in writing you do not want to appeal.
- The Tribunal arranges a hearing, and CQC and you exchange bundles of evidence beforehand.
- The Tribunal can dismiss the appeal or uphold it, and if it upholds it, it can make any decision CQC could have made, including changing conditions.
CQC says that where it takes enforcement action under urgent procedures, its decision remains in place unless and until the Tribunal decides otherwise. By contrast, if you appeal a non-urgent Notice of Decision you can continue to carry on the regulated activity. See appealing to the First-tier Tribunal.
What to Do If CQC Uses Urgent Powers
- Get legal advice immediately from a solicitor experienced in CQC enforcement.
- Protect people. Work with CQC, the local authority and commissioners on safe alternatives for anyone affected, and communicate with families.
- Comply with the notice exactly. Do not admit new people if admissions are suspended.
- Diary the 28-day appeal deadline.
- Build the evidence of what has changed: dated audits, training, staffing changes and independent reviews.
- Keep notifying CQC of events promptly. See notifiable events.
Avoiding Urgent Action
Urgent powers are reserved for serious, immediate risk, often after a pattern of concerns. Real-world examples in CQC’s learning resources involve urgent restriction of admissions and notices to propose cancellation after avoidable deaths. See learning from safety incidents. Prevention means robust governance, honest incident reporting and fast action on risks. See Regulation 17 and Regulation 12.
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Frequently Asked Questions
What is a section 31 notice from CQC?
A Notice of Decision served under urgent procedures in section 31 of the Health and Social Care Act 2008. It can suspend or extend suspension of a registration, or vary, remove or impose a condition with immediate effect.
What is a section 30 order?
An order from a magistrate, applied for by CQC, to cancel a registration immediately. CQC can apply where not cancelling would pose a serious, immediate risk to a person’s life, health or wellbeing.
Can I make representations against urgent action?
No. CQC does not serve Notices of Proposal under urgent procedures or before applying for an urgent cancellation order, so there is no representations process. You can appeal to the First-tier Tribunal.
How long do I have to appeal an urgent decision?
You must appeal in writing to the First-tier Tribunal within 28 calendar days of service of the notice or the date the magistrate’s order was issued.
Does the decision stop while I appeal?
For urgent procedures, CQC says its decision remains in place unless and until the Tribunal decides otherwise. For non-urgent Notices of Decision, you can continue to carry on the regulated activity during the appeal.
Can the Tribunal change CQC’s decision?
Yes. It can dismiss the appeal, or uphold it and make a decision about your registration with the same options CQC has, including changing conditions.