Judicial Review Of The Care Quality Commission Decisions

Can I judicially review a decision of the Care Quality Commission ('CQC')?

The CQC is a public body and is therefore subject to judicial review if;

The decision or act is public in nature; You have a 'sufficient interest' in the decision, act or omission; You can satisfy one of the grounds for challenging the decision, act or omission; You have exhausted internal procedures and/or alternative remedies; and You are within the applicable time limits Do I have a 'sufficient interest' to bring a claim?

In order to bring a claim for Judicial Review you need to show that you have a 'sufficient interest' in the subject matter of the decision you are seeking to challenge. As a service provider and proprietor of a Care Home which is the subject of a decision made by the CQC, such as a rating following an inspection, you would have sufficient interest to bring a claim.

What are the grounds for judicial review?

The grounds for reviewing a decision or act of a public body are:

Illegality - the CQC has acted outside the law governing the action in question Procedural unfairness - the CQC has not followed the proper procedures Irrationality - the decision was unreasonable (so unreasonable that no reasonable person could have reached it) Material considerations - the CQC did not take into account relevant information or took into account irrelevant information when making its decision Legitimate expectations - the CQC has departed from previous assurances it has given that it would act in a certain way Mistake of fact - a CQC...