Summary
This article explains how legal support from Gordons Solicitors can help care providers respond to a Notice of Proposal (NOP) and prepare for appeal if needed. It covers what support looks like, when to get advice, and what to expect if you’re already facing a Notice of Decision.
When you receive a Notice of Proposal, it can feel like everything is moving quickly. You’ve got 28 days to respond, the regulator has serious concerns, and your ability to continue operating may be at risk. That’s where early legal support can make all the difference.
At Gordons, we help providers at every stage of the process — from the moment they sense something is wrong, to the point of appeal.
Helping with Representations
The most important first step after receiving a Notice of Proposal is to prepare your representations.
These are your written arguments explaining why the regulator’s proposed action is not justified. They need to be:
- Clear and focused
- Supported by strong evidence
- Based on current facts about your service
For example, we’ll work with you to highlight where the regulator has got things wrong with supporting evidence or alternatively how things have changed. This may be new training, new leadership or revised processes. It’s not enough to say things will improve. You need to show how.
When Clients Come to Us Too Late
It’s not uncommon for us to hear from providers only after they’ve submitted representations on their own — and received a Notice of Decision.
At that point, the options are more limited. The question becomes whether to appeal or not. We support providers by reviewing what’s already been submitted, assessing the strength of their position, and advising on whether an appeal is worth pursuing.
Sometimes the answer is yes. Sometimes, if the prospects are weak, the better option is to accept the decision and focus on rebuilding.
Early Advice Makes a Real Difference
We often tell clients: the earlier you get advice, the more we can do.
A strong set of representations can prevent the need for an appeal altogether. That saves time, money, and uncertainty. But to be effective, your response needs to:
- Directly address the regulator’s concerns
- Provide detailed, organised evidence
- Show reflection and action — not just explanation
We’ll work with you to make sure your submission hits those marks.
Strategic Support Beyond the Paperwork
Legal advice isn’t just about documents. It’s also about strategy. We help clients:
- Understand what the regulator is likely to focus on
- Prepare for inspection follow-ups
- Work with consultants where needed
- Communicate with staff and commissioners if concerns arise
This is especially important if you’re also facing reputational risk, questions from local authorities, or uncertainty among your team.
Support at the Appeal Stage
If it reaches the point of appeal, we support clients through the tribunal process:
- Preparing and submitting the appeal
- Reviewing evidence and timelines
- Responding to the regulator’s case
We also help you think tactically. Sometimes, the aim isn’t to go all the way to a hearing — it’s to use the appeal as a space to show progress, reopen dialogue, or seek a more constructive outcome.
We know that enforcement action is stressful, and that the legal side can feel overwhelming. Our job is to guide you through it clearly and calmly.Whether you’re writing your Notice of Proposal representations or thinking about an appeal, we’re here to help you put your case forward in the strongest possible way.
About the Author
Associate
Tel: 01483 451 900
Email: Lucy@gordonsols.co.uk