What is a CQC Warning Notice?
A Warning Notice is issued when CQC believes a registered person has failed to comply with legal requirements — in other words, where the quality of care falls below what the law requires. The power to issue one comes from section 29 of the Health and Social Care Act 2008.
CQC can issue a Warning Notice for a breach of:
a Regulation
a section of the Health and Social Care Act 2008
another Act relevant to the fundamental standards
a condition placed on your registration
It can be issued even for a breach that has already been put right, if the breach was serious enough to warrant it.
Every Warning Notice must be in writing and must state which requirement you are not complying with and how. Where the failure is continuing, it must also set a timescale for putting it right and warn that further action may follow.
There is no legally fixed timescale for compliance. CQC sets what it considers a reasonable period, taking into account the level of risk to people using the service and your enforcement and inspection history. A poor track record can mean a tighter deadline.
There is no right of appeal against a Warning Notice. You can, however, make representations — see below.
What is a CQC Notice of Proposal?
A Notice of Proposal tells you what CQC is proposing to do. It is not a final decision, and you have the right to challenge it.
CQC serves a Notice of Proposal when it intends to:
impose, vary or remove conditions on your registration
suspend your registration
cancel your registration
refuse an application for registration
refuse an application made by a registered person
If you make written representations, CQC will either withdraw the Notice of Proposal or adopt it and serve a Notice of Decision. If you choose not to respond, a Notice of Decision follows automatically.
Warning Notice or Notice of Proposal — what's the difference?
Warning NoticeNotice of ProposalWhat it meansYou have breached a legal requirementCQC proposes to act against your registrationLegal basisSection 29, Health and Social Care Act 2008Sections 26–28 of the ActCan you appeal?NoNot directly — you appeal the Notice of Decision that followsCan you make representations?YesYesDeadline10 working days from service28 calendar days from serviceCQC's target response20 working days40 working daysPossible outcomesUpheld (withdrawn) or not upheldWithdrawn, or adopted as a Notice of Decision
A Warning Notice says put this right. A Notice of Proposal says we intend to act against your registration. The second is considerably more serious.
How long do I have to respond?
The deadlines are strict, and they run from the date of service, not the date you opened the envelope or email.
When a notice counts as served:
How it arrivesDate of serviceEmailthe next working day after CQC sent itRegistered postthe third day after it was sentBy handthe day it was given to you
Warning Notice: representations must be made within 10 working days of service.
Notice of Proposal: representations must be made within 28 calendar days of service. Section 27(1) of the Act sets this out.
One point providers get caught out by: for a Notice of Proposal you must submit your full representations and all supporting evidence within the 28 days. You cannot tell CQC that representations are coming and then send them, or further evidence, later.
Representations must be in writing. CQC cannot accept them verbally.
What happens after you respond?
For a Notice of Proposal: your representations go to CQC's National Representations Team, which is independent of the inspection team that issued the notice. They make a recommendation to a delegated authority, who decides. CQC aims to respond within 40 working days.
The decision is based on the Notice of Proposal, your representations, your supporting evidence, and any relevant published information such as inspection reports.
There are two outcomes:
Not adopted — CQC withdraws the notice and takes no further action on it. If you were applying to register, your application returns to the registration team. CQC can still issue a new Notice of Proposal if it is appropriate to do so.
Adopted — CQC serves a Notice of Decision explaining when it takes effect and how to appeal.
For a Warning Notice: representations are either upheld (the notice is withdrawn) or not upheld. There is no partial outcome. If they are not upheld there is no statutory appeal, though you may apply for a Judicial Review. You can also make representations specifically about whether the notice should be published.
Can I appeal?
You can appeal to the First-tier Tribunal (Health, Education and Social Care Chamber) against:
a Notice of Decision
notices served under the urgent procedures
an urgent cancellation order
You must appeal in writing within 28 calendar days of being served the Notice of Decision, or of the date a magistrate's order was issued. The appeal process is entirely independent of CQC.
If you do not appeal, the decision becomes final once the 28 days expire.
Can you keep operating while you appeal? If the Notice of Decision was not issued under the urgent procedures, you can continue to carry on the regulated activity. If CQC has used the urgent procedures, its decision stands unless and until the Tribunal decides otherwise.
What are the urgent procedures?
Two routes let CQC act immediately, without first serving a Notice of Proposal — which means there is no representations process.
Section 31 — CQC can suspend your registration, extend a suspension, or vary, remove or impose a condition with immediate effect. You can appeal to the First-tier Tribunal.
Section 30 — CQC can apply to a magistrate for an order cancelling your registration immediately, where not doing so would pose a serious and immediate risk to someone's life, health or wellbeing. You can appeal the magistrate's order to the Tribunal.
If you have received either, act the same day. The timescales are short and the consequences immediate.
What makes a strong set of representations?
This section is yours to write — it's where your experience shows and where no competitor can copy you. A few prompts:
Address every concern raised, point by point, rather than responding in general terms
Evidence over assertion: dated documents, audits, training records, photographs
CQC specifically names useful evidence: photographs showing action taken, external professional reports or audits, and documents addressing its specific concerns. List your documents clearly so CQC can check everything arrived
Show governance, not just fixes — what has changed in your oversight so it doesn't recur
Use CQC's standard representations form. It isn't compulsory, but CQC encourages it and it makes clear you are formally making representations
Large evidence files may need splitting across several numbered emails; attachments over about 15MB may not arrive
Never miss the deadline. Late is the same as nothing
Add a short anonymised example here if you have one: the situation, what you did, the outcome. One real example will persuade more than the whole page above it.
Frequently asked questions
Can I appeal a Warning Notice? No. There is no right of appeal against a Warning Notice. You can make representations within 10 working days, and if those are not upheld your only remaining route is Judicial Review.
Will a Warning Notice be published? CQC doesn't have to publish, but it can once you have had the opportunity to make representations. It publishes a summary of the main points rather than the full notice, and enforcement action is referred to in your inspection report. Arguing that publication would harm your business is not usually enough on its own to prevent it.
Can CQC cancel my registration without warning? In serious cases, yes. Under section 30 CQC can apply to a magistrate for immediate cancellation where there is a serious and immediate risk to life, health or wellbeing. No Notice of Proposal is served first, and there is no representations process — only an appeal to the Tribunal.
Do I need a solicitor or will a consultant do? It depends on the stage. Representations against a Notice of Proposal are about evidence, governance and demonstrating improvement — which is regulatory and operational work. Once a matter reaches the First-tier Tribunal you are in a legal process and should take legal advice. Add your own view here — it will win you the people searching "CQC warning notice solicitor" who may not need one yet.
What if I miss the deadline? For a Notice of Proposal, CQC will proceed to a Notice of Decision. You would then have 28 days to appeal to the Tribunal. Missing the representations deadline removes your best and cheapest opportunity to resolve things.
Can I keep running my service? Usually yes, while you respond to a Notice of Proposal or appeal a non-urgent Notice of Decision. Where CQC has used the urgent procedures, its decision takes effect immediately.
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