Can the CQC Prosecute Individuals?
Yes, the Care Quality Commission (CQC) can and does prosecute individuals.
While most providers associate CQC enforcement with inspections and warning notices, the CQC also holds criminal enforcement powers. These powers include the ability to prosecute both organisations and individuals (including directors and managers) if they fail to meet certain legal requirements.
When Can the CQC Prosecute?
Prosecution is typically reserved for the most serious breaches. This includes:
Providing unsafe care that results in harm or a risk of harm
Failing to safeguard people from abuse or improper treatment
Failing to register for regulated activities
Not displaying up-to-date CQC ratings
Withholding required information
The CQC can bring action even against those not registered with them, and the offences can carry unlimited fines or, in some cases, custodial sentences.
Is Prosecution Common?
While relatively rare, prosecutions are becoming more frequent. When comparing 2009-2013 and 2019-2023, prosecutions by the Care Quality Commission (CQC) surged by 700%, from 11 cases to 88. This shows a clear shift toward stronger enforcement.
In one recent case, a care provider was fined £24,000 after a resident suffered avoidable harm leading to their death. In another, a director was sentenced to a suspended prison term for operating a service without CQC registration.
What Should I Do if I'm Facing Prosecution?
If you're under investigation or facing prosecution, it’s vital to seek specialist legal advice immediately. Early support can help reduce the risk of a court case or minimise potential fines and reputational damage.
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