AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)

The CQC was established on 1 April 2009 by the Health and Social Care Act 2008 (“HSCA”); its functions include registration functions under Chapter 2 HSCA and review and investigation functions under Chapter 3. Pursuant to section 3 HSCA, “in performing its functions”, CQC’s main objective is to “protect and promote the health, safety and welfare of people who use health and social care services”; it is to perform its functions for the general purpose of encouraging (a) the improvement of health and social care services, (b) the provision of health and social care services in a way that focuses on the needs and experiences of people who use those services, and (c) the efficient and effective use of resources in the provision of health and social care services (see section 3(2) HSCA).

Further, by section 4 HSCA, in “performing its functions” the CQC must have regard, among other things, to: “the need to protect and promote the rights of people who use health and social care services (including, in particular, the rights of children” (section 4(1)(d)); “the need to ensure that action by the [CQC] in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed” (section 4(1)(e)); “best practice among persons performing functions comparable to those of [CQC]” (section 4(1)(g)); and “... such aspects of government policy as the Secretary of State may direct.” (section 4 (2)).