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Representations in an Inappropriate Fixed Penalty Notice Case

A client received from the CQC a Fixed Penalty Notice issued under section 86 of the Health and Social Care Act 2008 stating that they believed our client had committed a criminal offence in failing to comply with a condition of their Care Home registration. The client was asked to make payment of £4,000 within 28 days of the service of the Notice or risk prosecution for an offence contrary to section 33(b) of the HSCA 2008.

If a Fixed Penalty Notice had been accepted, although prosecution would no longer follow, details of the accepted criminal offence would, as previously mentioned, have been published on the CQC website.

Representations were successfully made to the CQC on the client's behalf and the CQC accepted that a Fixed Penalty Notice was inappropriate; they issued an apology and withdrew proceedings against our client.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

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