Prosecutions of health and care providers in England are at their highest level ever since the introduction of the Care Quality Commission (CQC) 15 years ago, new data has shown.

Healthcare regulator the CQC’s prosecution rate of care homes and other registered health and care providers is reportedly up 700%, according to new analysis from law firm Shakespeare Martineau.

When comparing 2009-2013 and 2019-2023, prosecutions by the Care Quality Commission (CQC) surged by 700%, from 11 cases to 88. They also more than trebled when compared with the five years spanning 2014-2018, during which there were 25 cases.

In addition, the total fines levied by the CQC have also seen a dramatic rise. Between 2009 and 2013, prosecuted care homes and registered providers were fined a total of £650,973. However, in the five years leading up to 2023, the figure skyrocketed to more than £10.6 million.

Jordan Glackin, healthcare partner at Shakespeare Martineau, said: “The significant increase in prosecutions reflects a growing emphasis on accountability in the care sector, while the substantial fines imposed illustrate the severe financial consequences of failing to meet regulatory requirements.

“As the CQC is using its powers more than ever, we strongly urge care providers to take proactive measures to ensure compliance with their regulatory and legal obligations; keep detailed and accurate records; stay up-to-date with any legal or policy changes; and seek specialist legal advice at the earliest opportunity.”

The analysis also examined the impact of the Covid-19 pandemic on the CQC’s regulatory actions. Comparing pre-pandemic years (2018 and 2019) to the pandemic years (2020 and 2021), prosecutions increased by 63%. This trend continued post-pandemic (2022 and 2023), with prosecutions rising by an additional 22%.

Correspondingly, the total fines paid escalated from £922,115 pre-pandemic to £4.9 million during the pandemic, further increasing to £5.1 million in the post-pandemic period.

Jordan added: “The CQC had virtually stopped all inspections – except in emergencies – during the pandemic and so, as a result of the backlog, an increase is prosecutions once normality started to resume was to be expected.

“With more catching up likely to be done and the sector being placed firmly under a microscope during the pandemic, particularly in the eyes of the public, we expect this activity to increase further – especially as some cases have taken more than three years to be brought forward.

“The stakes are high, and the cost of non-compliance is more than just financial and reputational – it’s about the quality of care provided to some of the most vulnerable members of our society.”

Commenting on the news, Care Campaign for the Vulnerable (CCFTV) founder Jayne Connery said: “Jordan Glackin, healthcare partner at Shakespeare Martineau, highlighted a substantial rise in prosecutions within the care sector, pointing to the CQC’s increasing focus on enforcing accountability.

“The significant escalation in fines further underscores the severe financial impact of non-compliance with regulatory standards. Glackin emphasises the importance for care providers to take proactive steps to ensure they meet legal and regulatory obligations. This includes maintaining detailed records, staying informed about policy updates, and seeking expert legal advice when necessary.

“These observations on the CQC’s post-pandemic surge in prosecutions are clear: the care sector is under intense scrutiny, and the consequences of failure are only getting more severe. However, waiting for CQC inspections or prosecutions to drive change is a dangerous game. Care providers cannot afford to be reactive. They must act by embracing safety monitoring systems and ensuring that every aspect of their operations meets the highest regulatory standards.

“The numbers speak for themselves: fines skyrocketing from £922,115 to over £5 million in just a few years should serve as a wake-up call for every provider in the industry. Those who neglect compliance and proactive safety measures are not just risking financial ruin — they are failing the very people they are entrusted to protect.

“If care homes want to avoid becoming the next headline, they must prioritise compliance and safety monitoring before the CQC comes knocking. Regulatory standards aren’t just a box to tick but the foundation of care, and failure to meet them is unacceptable.”