We Care Living Limited v Care Quality Commission

Facts

We Care Living Limited was registered with the Care Quality Commission in respect of the regulated activity of personal care. By a decision dated 15 June 2026 the Commission cancelled that registration, having concluded that the provider had not carried on the regulated activity for a continuous period of more than 12 months and that the service had been dormant for more than two years. The provider accepted that no regulated activity had been delivered in that period, but maintained that it had remained actively engaged in commissioning, referral development and service mobilisation activities with the intention of commencing regulated services. The notice of decision was deemed served on 16 June 2026, so that any appeal had to be lodged by 14 July 2026. On that date the provider's Nominated Individual, Mr Dean Thomas, submitted the wrong Tribunal form — one seeking permission to appeal a decision of the Tribunal rather than the form required to challenge the Commission's decision. The Tribunal queried this by email on 15 July 2026, but the correct appeal form was not lodged until 28 July 2026. The provider sought an extension of time, relying on severe lower back pain suffered by Mr Thomas and on the need to gather supporting material. The Commission opposed the application, and the matter came before the First-tier Tribunal at a remote hearing as the final hearing of the appeal.