Poppy Jackson, an Assistant Solicitor from our Health and Social Care Team and Pharmacy Team, has recently published an article in the June 2025 edition of Caring UK magazine (page 21). The article talks about factual accuracy challenges following a CQC inspection and requesting rating reviews from CQC.
Factual accuracy challenges
‘Upon receipt of a CQC draft inspection report, a provider has 10 working days to challenge its factual accuracy. CQC is obliged to consider these challenges and to provide its response.’
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‘Evidence submitted by the provider as part of the factual accuracy challenge must have been available at the time of inspection or be evidence showing actions taken by the provider since the inspection. This is important now as there is often a long wait between a site visit and the draft report being shared with the provider’.
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‘It is therefore crucial that providers use this opportunity to rebut any factually inaccurate statements made within the report before it is published, as well as providing additional relevant information not considered as part of the inspection.’
Rating reviews
‘If a provider is dissatisfied with the result of the factual accuracy process and the ratings do not reflect the service, a provider can request a rating review within 15 working days of the publication of the inspection report. This request is limited to 500 words and must identify how the CQC has failed to follow its own decision making process in rating the service and which ratings the provider wants CQC to review.’
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‘Some of the procedural failures by CQC that have led to these requests are:
- Failing to acknowledge the existence of an assessment window or referencing a wrong assessment window;
- Using the same evidence in numerous evidence categories;
- Introducing new information in response to the provider’s factual accuracy check to which the provider was not given an opportunity to respond;
- Failing to provide a full report of its findings for each quality statement.’
The full article can be found at Previous Issues | Caring UK
In certain circumstances we have been successful in persuading CQC to re-inspect on the basis that the inspection and factual accuracy process were flawed.
We are experienced in assisting providers to navigate the factual accuracy process and advising on tactical decisions following publication of an inaccurate report. Working with the CQC’s current regulatory framework is proving extremely challenging for many providers.
If you have had difficulties with CQC and are seeking legal support, please do not hesitate to contact us on 01483 451 900 or email us at sols@gordonsols.co.uk.
About the Author
Assistant Solicitor
Tel: 01483 451 900
Email: Poppy@gordonsols.co.uk