The CQC only allows a very short time period to respond to letters of intent, often just 24 hours, so if your practice receives such a letter it is important to act quickly. As part of the action plan, providers are asked to set out a specific time frame for implementing each action and state who will be doing it. The letter of intent then asks the provider to respond to the issues raised and put forward an action plan (and documentary evidence) to provide assurance to the CQC that the risks identified have already been removed or are immediately being removed. Often the heading of a letter of intent is 'Possible Urgent Enforcement Action – Section 31 of the Health and Social Care Act 2008' and the opening paragraph reads 'I am writing to notify you of serious concerns which have been identified…', which will usually have been during an inspection. Section 31 allows the CQC to serve a notice of decision on a provider if it has reasonable cause to believe that, unless it acts, any person will or may be exposed to the risk of harm. The letter will say that the regulator is considering whether to use its powers pursuant to the urgent procedure (for suspension, or imposition, variation or removal of conditions of registration) with immediate effect under Section 31 of the Health and Social Act 2008.
At Ridouts, we are seeing an increase in the use of ‘letters of intent’ as the CQC moves away from timetabled inspections towards a more risk-based approach.Ī letter of intent indicates that the CQC has concerns about a service.
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