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Michael Curtis KC wins emergency cancellation appeal in the First Tier Tribunal

Michael (instructed by Ridouts) successfully represented the appellant Old Village Care Limited.

Old Village owns and operates a number of nursing homes. In August 2015 the regulator, CQC, obtained an ex parte order from Luton Magistrate’s Court under s30 of the Health and Social Care Act 2008 immediately closing one of the homes. The magistrate made the order on the ground that there would be a serious risk to the life, health or well being of the service users if the order were not made.

After an appeal lasting two days, on 4 January 2016 the Tribunal allowed Old Village’s appeal. The Tribunal accepted that there would not be a serious risk if the home were allowed to re open.

The Tribunal also agreed with the appellant’s submission that when CQC applies for an emergency order, it owes the same onerous duty of disclosure that a local authority owes when applying for an Emergency Protection Order in respect of a child. The extent of that duty is discussed in X Council v B (Emergency Protection Orders) [2004] EWHC 2015. This is the first tribunal decision to make this clear.

Michael has over 25 years experience of successfully acting for providers and regulators in the health and social care sectors since appearing for the successful appellant in the Court of Appeal in Lyons v East Sussex County Council (1989) 86 LGR 369.

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