Sakina Care Limited v Care Quality Commission

Facts

Sakina Care Limited applied to the Care Quality Commission for registration as a provider of the regulated activity of accommodation for persons who require nursing or personal care at Ashton House Residential Home. By a Notice of Decision dated 04/06/2026 the Commission refused the application. The Notice was deemed served on 05/06/2026, and under section 32(2) of the Health and Social Care Act 2008 any appeal had to be brought within 28 days of service, so the last day for lodging was 03/07/2026. The First-tier Tribunal received the company's notice of appeal on 05/07/2026, two days after expiry of the statutory period. The company, acting without legal representation through its owner and director Miss Neelam Ilyas, explained that it had misunderstood the deadline, believing the 28 days ran in working rather than calendar days — a misunderstanding it attributed to having been told during the registration process that the Commission's response times were calculated in working days. The Commission opposed admission of the late appeal. The sole issue at this preliminary hearing, held remotely on 13/08/2026, was whether the appeal should be admitted out of time; no findings of fact were required, the lateness and the genuineness of the mistake being accepted.