Avista Limited v Care Quality Commission

Avista Limited v Care Quality Commission

The Tribunal found that the Appellant had been dormant for over 12 months, had not provided evidence of imminent resumption, and that cancellation was reasonable, necessary, and proportionate under the regulatory framework.

Parties
Appellant: Avista Limited; Respondent: Care Quality Commission
Jurisdiction
England and Wales
Judgment Date
14 October 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Regulated Activity Cancellation, Proportionality, Dormancy, Registration Requirements
Health Law Administrative Law Regulated Activity Cancellation Proportionality Dormancy Registration Requirements

Case Brief

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Parties

Avista Limited

Appellant

Care Quality Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether cancellation of registration for dormancy is proportionate under Section 17(1)(e) of the Health and Social Care Act 2008 and Regulation 6(1)(c) of the Care Quality Commission (Registration) Regulations 2009

Ratio Decidendi

The Tribunal found that the Appellant had been dormant for over 12 months, had not provided evidence of imminent resumption, and that cancellation was reasonable, necessary, and proportionate under the regulatory framework.

Court Disposition

Appeal dismissed

Orders

  • The Respondent's decision dated 4 December 2024 to cancel Avista Limited's registration as a service provider is confirmed.