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06 SEP 2012

Waghorn v Care Quality Commission [2012] EWHC 1816 (Admin)

Healthcare - Appeal - Registration

The Appellant had been rightly found to have ‘carried on' an independent hospital without it having been registered contrary to section 11 of the Care Standards Act 2000.

11 July 2012

Administrative Court

Cox J

(1)        The Appellant, a registered medical practitioner, appealed by way of case stated against the determination of Deputy District Judge Monro that he had ‘carried on an independent hospital' without being registered, contrary to section 11(1) of the Care Standards Act 2000. The determination was made following an unannounced visit by two authorised inspectors, during which they found the Appellant performing liposuction on a female patient in a basement room.

(2)        The Appellant submitted that he was not carrying on an independent hospital, as he was neither the owner nor the manager of the relevant property, and that it was impossible for one room to be a hospital. Further, the Appellant alleged that as he did not manage, control or own the premises, it was impossible for him to apply for registration. Moreover, he contended that as the room was only used on one occasion, during which he had practising privileges, he was exempt from the registration requirement.

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