CQC warns Health Bill could leave it fighting itself in court

The Care Quality Commission (CQC) has warned that government plans for it to absorb the national patient safety investigations body could leave it arguing against itself in the High Court.

In evidence to the Commons health and social care committee, the regulator said merging in the Health Services Safety Investigations Branch – which carries out no-blame inquiries under a legally protected “safe space” – would create a “conflict of interest”.

The regulatory arm of the Care Quality Comission could end up seeking access to the confidential investigation reports, while the investigation branch fights to keep them secret, it said.

The CQC outlined “a scenario where the regulatory function would apply to the court for, and the investigatory arm defend against, admissibility of reports in legal proceedings” – in effect putting the watchdog on both sides of the same case.

The government plans to abolish HSSIB and fold its functions into a “discrete” unit of the CQC  – a recommendation made last year by NHS England chair Penny Dash to curb the “cluttered” safety landscape.

The CQC also warned the merger would leave the investigatory arm holding information that the CQC board – although accountable for it – was unaware of and could not act on.

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Source: HSJ, 20 May 2026