Since 2015, the CQC has had prosecution powers pursuant to the Health and Social Care Act 2008. These include the criminal offence in respect of Regulation 12 (safe care and treatment) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 in cases involving avoidable harm or a significant risk of avoidable harm to service users.
Although there were 67,500 allegations of mistreatment in care homes in 2018, the number of qualified allegations will be less than this figure. Within those qualified allegations, not all of them will be of as significant concern as to begin legal proceedings in the form of criminal prosecution. As such, numbers of prosecutions will be expected to be far lower than any number of allegations.