01 September 2016
R (on the application of SSP Health Ltd) v Care Quality Commission [2016] EWHC 2086 (Admin), [2016] All ER (D) 51 (Aug)
The Administrative Court, on an application for judicial review regarding the defendant Care Quality Commission’s (CQC) refusal to vary a draft report on the claimant’s service provision and its refusal to review the rating, made a declaration that there was an obligation on the CQC to carry out an independent review of a decision made in response to comments in the factual accuracy comments log, on a request to do so by the inspected entity, if the ground of complaint was that a fact-finding maintained in the draft report was demonstrably wrong or misleading. To that extent, the application succeeded.
