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CCG challenges CQC inspection report


10 May 2016

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A six figure fighting fund has been set aside to fund an application for a judicial review against the Care Quality Commission’s (CQC) inspection report into a Derbyshire practice.

The General Practitioners Support Fund (GPDF) has provided financial backing for the unnamed practice’s challenge of the CQC’s inspection and subsequent appeal.

The practice is waiting to hear if it has been given the go-ahead for a judicial review.

It is thought to be the first action of its kind to challenge a CQC decision.

A six figure fighting fund has been set aside to fund an application for a judicial review against the Care Quality Commission’s (CQC) inspection report into a Derbyshire practice.

The General Practitioners Support Fund (GPDF) has provided financial backing for the unnamed practice’s challenge of the CQC’s inspection and subsequent appeal.

The practice is waiting to hear if it has been given the go-ahead for a judicial review.

It is thought to be the first action of its kind to challenge a CQC decision.

The GPDF’s treasurer Dr John Canning said it was underwriting the judicial review but the practice was bringing the action.

The Derbyshire Local Medical Committee (LMC) asked for financial support from the GPDF to launch the challenge on behalf of one of its practices.

In a letter to the LMC Dr Canning said: “The GPDF determined that this is a case where it has a responsibility to the GP community to ensure that the CQC process is put before the courts for judicial review.”

He said the case’s background was “complex” and the potential financial risks of legal action could only be undertaken on a national level.

The CQC said it has a “proportionate and transparent” approach to regulation and providers have a right to appeal its regulatory decisions.

A spokeswoman said: “We are aware that an application has been issued by a registered provider who may wish to challenge a decision of the CQC. Such applications are made when someone wishes to seek the permission of the Court to bring a Judicial Review claim. It is the role of the Court to determine whether someone can commence a claim for Judicial Review. CQC will actively participate in any such process.”  

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