To ask the Secretary of State for Health and Social Care, how many prosecutions have been brought against corporate health bodies under section 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014; how many of those prosecutions were successful; and what penalties were sought.
Answered on
5 December 2024
There is no individual prosecutable offence under section 20 of the Health and Social Care Act 2008. Under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, failure to comply with Regulation 20(2)(a) and (3) Duty of Candour is an offence. The Care Quality Commission (CQC) can either issue a Fixed Penalty Notice administratively, or can prosecute the offence through the court. The following table shows the providers the CQC has successfully prosecuted over the last five years, for Regulation 20 Duty of Candour breaches:
Year | Provider | Fine |
2020 | Plymouth Hospitals NHS Foundation Trust | £1,600, for a single count of Duty of Candour charged |
2021 | Spire Healthcare Limited | £5,000, for four counts of Duty of Candour charged |
2022 | Premier Care (Southern) Limited | £3,300, for two offences of Duty of Candour charged |
2023 | DM Care Limited | £120,000 following prosecution under Regulation 12, failure to provide safe care and treatment, with no separate penalty issued for the Duty of Candour offence |
2024 | Claremont Care Services Limited | £24,000 following prosecution under Regulation 12, failure to provide safe care and treatment, and an additional fine of £800 for a single Duty of Candour offence |
There were no other Duty of Candour prosecutions prior to September 2020.