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David Pojur succeeds in Upper Tribunal CQC appeal concerning serious risk to lifePosted on 21.05.2019
Appeal was made as to the statutory interpretation and application of powers concerning the urgent closure of premises where serious risk to life existed. The Upper Tribunal granted permission to appeal on a point of law to determine the scope of s30 HSCA 2008. The District Judge granted Mr Pojur‘s application to close the care home and the First Tier Tribunal upheld the decision on appeal. The Upper Tribunal also upheld the decision declaring Mr Pojur’s approach to be the right one. The Upper Tier seized the opportunity to look at the language of the section, its discretion, whether other enforcement options should have been considered prior and whether such risk needed to be imminent. The Appellant argued that due to a restriction on admissions in place in another First Tier appeal concerning the same home, there was no risk to service users. The Court and two appeal tribunals found that the risk to life was serious and section was correctly applied.