My new CQC rating doesn’t reflect my service: where do I go from here?
We often speak to providers who are unhappy with inspection ratings, feeling that CQC’s judgments do not fairly reflect their service.
The first step in these situations is a Factual Accuracy Challenge. Providers typically have 10 working days from receiving the draft report to submit challenges via CQC’s portal, highlighting errors or providing additional evidence. CQC will then review the submission and decide whether amendments to the report or rating are warranted.
Even where changes are made to the draft report, ratings can still remain unchanged. In that case, providers can request a Ratings Review within 15 working days of publication of the final report. CQC states this process is limited to identifying whether there has been a failure of process, rather than offering a “second bite of the cherry” to dispute inspection findings.
However, inspection findings may still be relevant where they point to procedural failings. This may arise where:
- factual inaccuracies persist despite challenge
- responses fail to address key points
- decisions appear rushed or poorly explained or
- some evidence seems to have been overlooked.
Such issues suggest due process has not been followed and can fall within the scope of a Ratings Review.
We do speak to providers whose ratings remain unchanged even after the Ratings Review has acknowledged process failures, leaving them feeling they have exhausted their options. While the Ratings Review is the final internal route for challenging CQC, providers can still consider pursuing Judicial Review.
Judicial Review is a separate legal process which asks the Court to assess whether a public body (CQC) has acted lawfully, rationally and fairly in making their rating decision. The focus is on the decision-making process and whether CQC have come to a fair minded decision based on all of the evidence available.
Providers have 3 months from the date of the Ratings Review to make an application for Judicial Review. If successful, the Court may require CQC to reconsider the decision, potentially leading to a re-inspection.
How Hempsons can help
Hempsons can provide bespoke advice to providers on all of CQC’s internal routes of challenge, and the Judicial Review process.