Before you decide to withdraw your application, you should make sure it is in your interest.
When you can withdraw an application
You can request to withdraw an application at any time before we serve a notice of decision. You can decide to withdraw your application after we serve a notice of proposal.
Once we have 'served' a notice of decision, you cannot withdraw your application.
Sections 12 and 15 of The Health and Social Care Act 2008 (‘the Act’) say how we must deal with applications. They tell us that we must:
- grant the application if we're satisfied you meet and will continue to meet the requirements of the relevant legislation
- if not, we must refuse it.
Before deciding to refuse your application, we must send you a ‘notice of proposal’. The notice explains why we are not satisfied you meet the legal requirements. It also gives you our reasons.
You have 28 days to make written representations about our proposal to refuse.
We must consider any written representations before we make a decision. If we decide to refuse your application, we will serve a ‘notice of decision’.
You then have a further 28 days to appeal the decision to the First Tier Tribunal.
Notice of proposal
If we propose to refuse your application, we will set out our reasons in the notice of proposal. The notice will also tell you about your right to make written representations. It tells you what to do if you do not agree with our proposal.
It may be in your interest to receive a notice of proposal. The notice will help you understand our reasons for refusal. It is your statutory right to make written representations against our proposal to refuse.
Even if you have submitted written representations, you can still choose to withdraw - as long as we have not served a notice of decision.
If you withdraw your application after receiving a notice of proposal, your application becomes void. You will not be able to make representations.
If we refuse your application, you can apply again.
When we refuse an application, our decision does not affect any future application. We must consider every application on its merits.
Your decision to withdraw an application
As we are responsible for registration, we cannot give advice in these circumstances. We cannot advise you to withdraw your application. We cannot discuss with you about whether you should take this step. You must make that decision yourself.
Before you decide to withdraw your application, you may need to seek advice. This may include legal advice.
You should then decide if it is in your interest to withdraw your application.
Reasons for withdrawing an application
There is no express provision in the Act for withdrawing an application. But we recognise there are circumstances when you may want to withdraw.
Some examples of why you might choose to withdraw your application:
- there is a material change to your application and you intend to submit a new application
- you cannot show how you will comply with the regulations
- the sale, purchase or transfer of the business or premises has fallen through
- your personal, professional or business circumstances have changed.
You do not need to tell us your reasons for withdrawing your application. If you do tell us, it will help us to:
- understand and respond to developing themes and trends
- improve our service.
If you have submitted applications that rely on each other to succeed, you may need to withdraw them all.
For example, if withdrawing an application means another application cannot proceed. You will need to make a request to withdraw the related applications as well.
What happens when you withdraw
If we accept your request to withdraw your application, we will close it straightaway. Your application will become void without further notice. We will give no further feedback on your application.
A withdrawn application cannot be re-opened.
If you want to register in the future, you will need to re-apply.
How to withdraw an application
To withdraw an application, you must either:
- be the person who made the original application
- have authority to withdraw the application.
Before deciding to withdraw your application, read the guidance above. It will help you to make sure your decision is in your interest.
You can inform us you are withdrawing by:
- emailing email@example.com, or
- telling us verbally.
Include the enquiry number you were given when you submitted the application.
What happens next
Unless we need to clarify anything with you, we will close your application. We will send you an email to confirm your application has been withdrawn.