CQC Factual Accuracy Challenge
Oxara Consulting provides evidence review and response support where a draft CQC assessment does not accurately reflect the evidence available at the time.
The draft report is not yet the final regulatory record.
CQC calls this its factual accuracy check, and provider submissions are made as factual accuracy comments. It provides a limited opportunity to identify factual inaccuracies or incomplete evidence before a draft assessment report is finalised.
The task is not simply to disagree with an assessment. The response has to identify what is inaccurate or incomplete, establish what evidence existed at the relevant time, and explain why that evidence is material to the finding or judgement made.
The window is short. CQC currently requires factual accuracy comments within 10 working days from the date of its email, unless exceptional circumstances apply.
Separate factual correction from disagreement with regulatory judgement.
Errors of Record
Typographical or numerical errors and factual matters such as incorrect names, roles or other recorded details.
Inaccurate Information Informing a Judgement
Information relied upon by CQC that the provider considers factually inaccurate, supported by evidence relevant to the position at the time of assessment.
Incomplete or Omitted Evidence
Material information that was available at the relevant time but is absent from, or incompletely reflected in, the draft report.
Different concerns engage different CQC processes. The factual accuracy check is a pre-publication opportunity to comment on the factual accuracy and completeness of the information CQC has used in reaching its draft judgements and ratings.
After publication, a rating process review is a separate route where a provider believes CQC did not follow its rating decision process correctly. The current deadline is 15 working days from publication. It is not a route simply to disagree with the judgement reached.
Where CQC takes enforcement action, representations and appeals are separate again. The factual accuracy check does not replace those routes — see CQC Notice of Proposal.
CQC's factual accuracy portal currently limits each relevant quality-statement field to 2,000 characters. Where more space is needed, supplementary material can be attached, but relevant text must still be entered in the portal field itself, even where it refers to the attachment.
The question is not how much evidence exists. It is whether the right evidence answers the finding.
A factual accuracy response should be built from the evidential position, not assembled as a volume of documents.
Oxara reviews the draft finding against the records that existed at the relevant time, reconciles chronology and source evidence, identifies omissions or inaccuracies, and considers whether correcting the inaccuracy or omission could affect the finding, judgement or rating.
The review may include governance records, audits, care records, incident documentation, staffing evidence, policies, action records and other contemporaneous material relevant to the finding.
CQC currently makes its judgement for registered providers at quality-statement level. Draft reports may still display an evidence-category heading and score because of CQC's current IT process. CQC says that nominal evidence-category score should be disregarded and is not the judgement used to determine the quality-statement score.
A factual accuracy response can lose force before CQC reaches the evidence.
Arguing the Rating
Arguing against the rating rather than identifying a factual issue.
Evidence Timing
Relying on subsequent improvements or material that does not evidence the position at the relevant time.
Unconnected Volume
Submitting large quantities of records without connecting them to individual findings.
Omission vs Improvement
Failing to distinguish an omission from a subsequent improvement.
Missing Relevance
Identifying an error without explaining why correcting it matters to the finding or judgement.
Internal Contradiction
Allowing chronology, records and the written response to contradict one another.
How Oxara Consulting Supports a CQC Factual Accuracy Challenge.
Oxara can independently review the draft assessment report and the underlying records, establish the evidential position and support preparation of a structured factual accuracy response.
The work is evidence-led. Each material point is considered against what CQC has written, what the contemporaneous records demonstrate and whether the difference is capable of affecting the regulatory judgement.
Where solicitors are instructed or enforcement is anticipated, Oxara can work alongside legal advisers by providing the regulatory, clinical, operational and evidential analysis relevant to their advice.
If a draft CQC assessment report has been received, a director can discuss the position and the evidential response required.
Discuss a Draft CQC ReportFactual accuracy and enforcement are different stages of the regulatory process.
Where the issue has progressed to proposed enforcement, the response route changes. The factual accuracy process should not be presented as a substitute for representations against enforcement action.
See CQC Enforcement Support, CQC Warning Notice Support and CQC Notice of Proposal.
Frequently asked questions
How long do providers have to submit factual accuracy comments?
Providers have 10 working days from the date of CQC's email containing the draft report to submit factual accuracy comments. This period is not normally extended, and CQC should be told immediately, in writing, if it cannot be met.
Can a provider challenge a CQC rating through factual accuracy?
No. The factual accuracy process is not a route for disputing a rating or score simply because a provider disagrees with it. A draft rating or judgement may change only where CQC determines that the evidence it was based on was inaccurate or incomplete.
What evidence can be used in a factual accuracy response?
Evidence must relate to the position at the time of the assessment. It can be used to correct factual errors, to support a challenge to information relied on in a judgement, or to provide material information that was omitted from or incompletely reflected in the draft report.
Can evidence created after the assessment change the rating?
Generally no. Providers can tell CQC about action taken since the assessment, and this may be added to the final report, but unless there are exceptional circumstances it does not form part of the decision on the final judgement or rating.
Can CQC change a draft judgement or rating following factual accuracy comments?
Yes, but only where CQC determines that the evidence a judgement or rating was based on is inaccurate or incomplete. A correction to a minor detail will not necessarily change the outcome unless it is material to the finding.
When should legal advisers be involved?
Where the matter is moving towards, or already involves, proposed enforcement action, where an appeal or Tribunal strategy may be needed, or where the response carries legal implications beyond factual correction. Oxara can work alongside instructed solicitors, providing the regulatory, clinical and evidential analysis relevant to their advice.
Who can submit factual accuracy comments through the CQC portal?
For the online factual accuracy portal, CQC currently instructs the registered manager, nominated individual or main partner to access it using the email address registered with CQC.
What if the factual accuracy comments will not fit in the CQC portal?
Each portal field is limited to 2,000 characters. Where more space is needed, supplementary material can be attached, but relevant text must still be entered in the portal field itself, even where it refers to the attachment.
What happens after factual accuracy comments are submitted?
CQC considers the comments and supporting information and decides whether the draft report should be amended. It sends the provider its response before publication of the final report. CQC states that factual accuracy responses are reviewed by another member of staff who was independent of the original assessment.
Can a provider ask CQC for information supporting a statement in the draft report?
A request should be short, specific and explain why the information is needed to raise a point of factual inaccuracy. CQC will not release the inspector's full notes, but its current guidance says it may consider providing relevant extracts where reasonably necessary to address a specific disputed issue.
A draft report is not the final regulatory record — the evidential position can still be set straight.
Disclaimer
Oxara Consulting is a professional consultancy, not a legal firm. Please see our full Disclaimer for more information.