Interim measures
Mid Staffs Inquiry · Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry · Issued 6 February 2013 · Addressed to: CQC
Government responseDepartment of Health and Social Care: Accepted (Nov 2013)
DeliveryDHSC and NHS England say in progress (Feb 2026)Department of Health and Social Care says in progress (Feb 2015)
Recommendation, verbatim from the inquiry
●Inquiry recommendation
The healthcare regulator must be free to require or recommend immediate protective steps where there is reasonable cause to suspect a breach of fundamental standards, even if it has yet to reach a concluded view or acquire all the evidence. The test should be whether it has reasonable grounds in the public interest to make the interim requirement or recommendation.
Mid Staffs Inquiry, Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry · 6 Feb 2013 Source PDF →
Published evidence summary
AI-generated evidence summary
In commentary from September 2024 published in February 2026, the Department of Health and Social Care and NHS England recorded the recommendation as implemented and ongoing, pointing to the Care Quality Commission's enforcement policy (DHSC and NHS England, Feb 2026). In May 2024, the Thirlwall Inquiry legal team noted that the government had accepted the recommendation, observing that the regulator retained statutory powers to halt unsafe care alongside warning notices introduced under the Care Act 2014 (The Thirlwall Inquiry legal team, May 2024).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026.
Report-level response context
Government response
●Department of Health and Social Care · Accepted · 19 Nov 2013
Accepted.
As part of the overall single failure regime (see recommendation 19) it is important that where the Care Quality Commission identify breaches of fundamental standards that it is able to act quickly. As such the Care Quality Commission will retain its ability to stop a service from providing care if it is putting people at immediate risk of harm as outlined by the Health and Social Care Act 2008. The Act states that where the Care Quality Commission has ‘reasonable cause’ to believe that unless it acts people may be exposed to the risk of harm, it may impose, or vary a condition of a provider’s registration or suspend it from the point written notice is given as part of an urgent response.
In addition, subject to the passage of regulations, during 2014 the Care Quality Commission will also have new powers to prosecute a provider for failing to provide fundamental levels of care, without having to issue a formal warning first. See recommendation 28 for further details.
The powers outlined above are supported by the Care Quality Commission’s new regulatory model, and its new approach to inspections. This approach is outlined in more detail in recommendations 50 and 51.
Delivery
●DHSC and NHS England say in progress · 27 Feb 2026
The Thirlwall Inquiry has noted action taken following the conclusion of the Mid-Staffordshire Inquiry 2013. See CQC's enforcement policy
●Department of Health and Social Care says in progress · 11 Feb 2015
The Care Act 2014 has created an additional form of warning notice specifically for NHS Trusts and Foundation Trusts. The Care Quality Commission can now issue these where it judges that a trust requires significant improvement (not necessarily tied to breaches of regulations). This warning notice can lead to the provider entering the failure regime. Also, subject to the passage of regulations during 2014, the Care Quality Commission will have new powers to prosecute a provider for failing to provide fundamental levels of care, without having to issue a formal warning first.. The intention is that regulations will be in place in April 2015.
What other bodies have found
●Thirlwall Inquiry legal team · 15 May 2024
This recommendation was accepted by the Government.
In the January 2014 Hard Truths report, the Government said that the Care Quality Commission would retain its ability to stop a service from providing care if it had reasonable cause to believe that unless it acts people may be exposed to the risk of harm. In the February 2015 Culture Change report, the Government also referred to the Care Act 2014, which created an additional form of warning notice for NHS trusts and foundations trusts.
How this page is built
The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.