AC-2024-LON-001145 - [2025] EWHC 2075 (Admin)

Both appellants faced the following allegations:

“1.

Between 1 November 2018 to 6 November 2018, whilst your previous practice’s (the Staunton Group Practice) registration with the Care Quality Commission (‘CQC’) was suspended, you:

a.

obstructed the transfer of provision of patient services at Morum House Medical Centre (the ‘Premises’) to an alternative caretaker provider named Federated4Health (the new caretaker practice) who had been nominated by NHS England to replace the Forest Road Group Practice (the previous caretaker practice) in that you:

i.

informed [the] Chief Operating Officer at Federated4Health that Federated4Health would not be allowed to commence as the new caretakers… on 1 November 2018;

ii.

refused to assist in a handover to Federated4Health when requested to do so by representatives of NHS England and/or Federated4Health on 1 November 2018;

iii.

refused to speak to Ms B, a representative of NHS England, when invited to do so on 1 November 2018;

iv.

refused to provide computer codes to allow Federated4Health access to patient information;

v.

refused to permit Federated4Health, its employees or agents to:

1.

have unfettered access to the Premises for the provision of patient services;

2.

supervise staff and/or operate safe governance systems at the Premises;

b.

on more than one occasion organised and/or delivered patient services in place of Federated4Health at the Premises.

2.

You organised and/or delivered patient services as described at paragraph 1b when you knew it was unlawful to do so.

3.

As a consequence of your actions at paragraph 1 you occasioned:

a.

an application to be made by the CQC to a Justice of the Peace at Highbury Corner Magistrates’ Court on 6 November 2018 pursuant to section 30 Health and Social Care Act 2008 (‘the Act’);

b.

a Justice of the Peace on 6 November 2018 to make an Order pursuant to section 30 of the Act in order to protect the public interest in the protection of the health, safety and well-being of patients and the maintenance and promotion of public confidence in the system of regulation.”