A woman who "just wanted to help people" was found guilty of operating a drug rehabilitation facility illegally after a five day trial at Liverpool Magistrates Court.
Fenella Price, of Regiment Way, Liverpool, was found guilty of being an unregistered person carrying out a Health and Social Care Act regulated activity between September 29, 2020, and June 16, 2021 at Liverpool Magistrates Court on Friday. Price was the director of a company called We Do Recover, which was located at Kremlin Drive, Liverpool, and offered assistance to those suffering with substance misuse and addiction.
Over the course of a five day trial, Price, who defended herself, put forward evidence that she was unaware that her company was not able to offer regulated activities such as detoxing, without being registered with the Care Quality Commission (CQC). Danielle Gilmore, prosecuting on behalf of the CQC, was tasked with proving this was not the case, and that Price did in fact know the legal requirements but continued to undertake the activities.
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During the trial, users of the service said Price had “saved their life”, but others said they felt their safety was at risk when at the facility.
It was established during the trial that Price had applied to the CQC in August 2020, for We Do Recover to become registered to carry out regulated activities, such as detoxing. Several pieces of correspondence, including emails from the CQC registration team that Price replied to or was copied into, were shown in court.
A site visit was conducted in February 2021, and in May the same year, a refusal proposal by the CQC was sent detailing the concerns they had about the facility and why it would be rejected. It was detailed that if refused by the CQC, an appeal can be made, and Price did not make this appeal.
On November 16, 2020, the CQC wrote to Price stating that it was a criminal offence to provide regulated activities without being registered with the CQC. The application form for becoming registered also details this, and Price filled that form in on behalf of the company.
In order for an organisation to become registered, a manager must also be nominated and become registered under the same application, and there were issues with this during the company’s attempts to become registered. A court heard that one manager withdrew their application to become registered with CQC on behalf of the company, and said they did not want to be associated with We Do Recover any longer.
Various further evidence such as letters and emails sent to Price or We Do Recover that stated it was illegal to provide the regulated activities were presented in court. Price claimed that during a site visit by CQC consultant Paula McCabe, she told Price that We Do Recover was able to conduct regulated activities while waiting for their application to be approved.
Ms McCabe, who gave evidence during the trial, vehemently denied this, stating it would be unprofessional to advise that and against the law. District Judge Boswell believed Ms McCabe’s denial, and said the “shock she displayed at this question from Ms Price was palpable.”
He said: “I am sure that Ms McCabe was telling the truth and I am sure that she did not tell Ms Price that.”
We Do Recover previously pleaded guilty to the charge of breaching section 10 of the health and social care act, 2008, namely operating without being registered as a service provider. In his judgement remark, District Judge Boswell said it was clear that Price had passion for helping people with substance abuse, and she was the “driving force behind We Do Recover”.
He said: “Helping those with substance abuse problems is an important task, and Ms Price’s passion for this work has come across throughout the trial.” District Judge Boswell added there was “no doubt” that her desire to help people was the reason behind her continuing to offer these services without registration, and she clearly believed her application to the CQC would be accepted.
He said: “Because there were people desperate for help and because she wanted to help them, she decided to start operating early. She carried on because she wanted to help.
“However , all correspondence from the CQC is clear that it is illegal, and I do not accept her submission that she did not know.” District Judge Boswell also said he believed there was evidence that users of the facility were at risk of harm, but there was no evidence that anyone actually suffered harm.
Price was granted unconditional bail and will appear for sentence on April 12 at Liverpool Magistrates Court.
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