ADVINIA HEALTH CARE LTD (R on the application of) v CARE QUALITY COMMISSION

ADVINIA HEALTH CARE LTD (R on the application of) v CARE QUALITY COMMISSION

The Revised Guidance is unlawful to the extent it interprets 'likely' in section 56(1) Care Act 2014 as 'real possibility'; the correct interpretation is 'more probable than not'. The Guidance is not inherently unfair in procedural terms and its approach to confidentiality is lawful.

Parties
Claimant: Advinia Health Care Ltd; Defendant: Care Quality Commission
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; Guidance quashed to extent necessary to reflect correct interpretation of 'likely'.
Legal Topics
Statutory Interpretation, Procedural Fairness, Confidentiality in Regulatory Proceedings
Administrative Law Health Law Statutory Interpretation Procedural Fairness Confidentiality in Regulatory Proceedings

Case Brief

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Parties

Advinia Health Care Ltd

Claimant

Care Quality Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Proper interpretation of 'likely' in section 56(1) Care Act 2014
  2. 2 Procedural fairness in CQC decision-making under sections 55 and 56 Care Act 2014
  3. 3 Lawfulness of CQC's approach to disclosure of confidential information

Ratio Decidendi

The Revised Guidance is unlawful to the extent it interprets 'likely' in section 56(1) Care Act 2014 as 'real possibility'; the correct interpretation is 'more probable than not'. The Guidance is not inherently unfair in procedural terms and its approach to confidentiality is lawful.

Court Disposition

Claim allowed in part; Guidance quashed to extent necessary to reflect correct interpretation of 'likely'.

Orders

  • Declaration that Revised Guidance is unlawful insofar as it interprets 'likely' as 'real possibility'.
  • Revised Guidance to be quashed to the extent necessary to reflect the correct interpretation.