CQC prosecutes cosmetic surgery company for failure to register

4 May 2012

A company providing cosmetic surgery treatment at independent clinics in Wakefield and London without being properly registered has been ordered to pay a fine of £40,000 by magistrates in Wakefield.

The Care Quality Commission brought the prosecution against The Northern Clinic.com Limited who had been carrying out a surgical liposuction procedure known as ''Body Tite'' fat removal treatment, at clinics at Homestead Drive, Alverthorpe Road, Wakefield and at Hannah House, 11-16 Manchester Street, London.

On Tuesday 2 May at Wakefield Magistrates' Court, the company pleaded guilty to two offences of carrying on a regulated activity without being registered to do so.

Inspectors visited the clinic at Wakefield unannounced in February 2011 after receiving information from a member of the public. Further inspections of both the Wakefield and London clinics confirmed that at both locations the company was carrying out liposuction procedures even though the company was not registered with CQC, as required by law.

Amanda Sherlock, CQC Director of Operations, said: “Neither the company nor the locations where treatment was being carried out were registered so people using the service were at risk of receiving treatment which did not meet the standards required by law. 

"The result of this case sends out a veryclear message to providers that we will act on information we receive about unregistered services, and will not hesitate to take tough enforcement action wherever necessary to ensure the safety of patients. As the first case of its kind under the current legislation, this prosecution demonstrates the importance and value of regulation

“Unregistered providers of private health care can present a risk to the public because they are not subject to scrutiny by the regulator.

“Before committing to private medical treatment, people should always check whether the service needs to be registered with CQC. You can check on our website to see if the service is registered, or ask the doctor or practitioner upfront.”

The company was fined £20,000 on each charge, and ordered to pay the Commission's costs of £22,548.89.

Ends

For further information please contact the CQC Regional Communications Team, David Fryer 07901 514 220 or Kirstin Hannaford 0191 233 3629.

The CQC press office can be contacted on 0207 448 9401 or out of hours on 07917 232 143.

Notes to editors

Section 10 of the Health and Social Care Act (2008) requires:

This section has no associated Explanatory Notes

(1)Any person who carries on a regulated activity without being registered under this Chapter in respect of the carrying on of that activity is guilty of an offence.

(2)The Secretary of State may by regulations make provision for the purposes of this Chapter for determining, in relation to a regulated activity carried on by two or more persons acting in different capacities, which of those persons is to be regarded as the person who carries on the activity.

(3)In the following provisions of this Part, the registration of a person under this Chapter in respect of the carrying on of a regulated activity by that person is referred to as registration “as a service provider” in respect of that activity.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding 12 months, or to both;

(b)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or to both.

(5)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.