Revocation Challenge · Judicial Review · Reinstated
Judicial review secured reinstatement for a London dementia care home
About the Client
Our client is a well-established residential care home in West London, specialising in dementia care, challenging behaviours and end of life care. The home has been operating for nearly 20 years and employs a team of 20 care workers, of whom 8 are sponsored under the Skilled Worker route. These sponsored workers make up 40 percent of the care workforce and are integral to the daily wellbeing of the home's residents, all of whom live with some form of dementia.
What Went Wrong
The Home Office revoked our client's sponsor licence with immediate effect, without any prior suspension, warning or opportunity to respond. The sponsor licence revocation letter cited three grounds: alleged underpayment of a sponsored worker's salary based on HMRC data, alleged failure to respond to compliance requests, and alleged failure to report changes in worker circumstances.
The consequences were swift and severe. The Home Office notified the Care Quality Commission, the Department for Health and Social Care, the Local Government Association and other regulatory bodies. Curtailment letters to the 8 sponsored workers were imminent. The care home faced losing 40 percent of its workforce within weeks, with devastating implications for its vulnerable residents.
Our client only became aware of the sponsor licence revocation when he was unable to log into the Sponsorship Management System. He contacted the Home Office and was informed of the decision seven days after it had already been made.
How City Legal Solicitors Approached this Case
Our client instructed us within days of discovering the sponsor licence revocation. Given the urgency and the immediate threat to the care home's operations, residents and sponsored workers, we moved at pace.
We conducted a detailed analysis of the sponsor licence revocation letter and identified significant factual errors and procedural failings in the Home Office's decision. The underpayment allegation was based on a misreading of HMRC data. Our analysis of three years of payroll records, including payslips, P60s and payroll summaries, demonstrated that the worker in question had been paid well above both her Certificate of Sponsorship salary and the National Minimum Wage in every year of her employment.
We prepared and served a pre-action protocol letter on the Home Office. When no substantive response was received by the deadline, we issued proceedings for judicial review in the Administrative Court, applying for urgent consideration and interim relief to suspend the effect of the sponsor licence revocation. We prepared a detailed witness statement, a payroll rebuttal analysis and a full indexed and paginated claim bundle in support of the application.
What was the Outcome
The Administrative Court treated our application as urgent. The presiding judge made an order abridging the time for the Defendant to file an Acknowledgment of Service and summary grounds of resistance to just 7 days. The order further directed that the applications for permission and interim relief would be placed before a judge for decision on the papers within 7 days of the Acknowledgment of Service being filed.
Faced with those timescales and the strength of our client's case, the Government Legal Department agreed to settle the matter within 7 days of the court's order. The Secretary of State agreed to withdraw the sponsor licence revocation decision in its entirety and reinstate the sponsor licence. The Defendant also agreed to pay our client's costs of the proceedings.
A consent order reflecting the full terms of settlement was filed with the Administrative Court. The licence was reinstated within a few days, and our client's 8 sponsored care workers were able to continue in their roles, providing uninterrupted care to the home's residents.
Why this Case Matters
Sponsor licence revocation can have catastrophic consequences for businesses, particularly in the care sector where sponsored workers form a significant proportion of the workforce and where the people they care for are among the most vulnerable in society. This case demonstrates that even where the Home Office has revoked a licence with immediate effect, that decision can be successfully challenged where it is based on factual errors, procedural unfairness or a disproportionate response.
Suspension Response · Care Sector · Reinstated
Care provider's licence reinstated after CQC registration dispute
Case Background
The organisation, operating within the care sector, specialised in short-term placements for young people with high-level challenging behaviours whom local authorities and other providers were unable to accommodate. Although the organisation was Ofsted-registered, it was not registered with the Care Quality Commission (CQC).
From March 2024, CQC registration became a mandatory requirement for sponsoring workers under SOC codes 6135 and 6136. Despite this, the organisation submitted a sponsor licence application in November 2024 relying solely on its Ofsted registration. Following the grant of the sponsor licence by the Home Office, the organisation applied for two Certificates of Sponsorship under SOC codes 6135 and 6136.
Notwithstanding that the organisation was registered only with Ofsted, the Home Office approved both the CoS applications and the related visa applications. Subsequently, the Home Office cited the absence of CQC registration as the basis for suspending the sponsor licence.
How City Legal Solicitors Approached this Case
City Legal responded to the Home Office by submitting a structured and legally reasoned representation addressing the alleged compliance concerns. The response clearly demonstrated that the organisation had disclosed its regulatory position at the point of application, including confirmation that it was registered with Ofsted and not with the CQC. Supporting documentary evidence was provided to substantiate that there had been no misrepresentation, omission, or failure to comply with the Sponsor Guidance.
The submission also addressed the proportionality of the suspension by outlining the operational consequences. City Legal explained that the organisation operates within the care sector and that several local authorities and partner bodies rely on its services. The suspension had implications extending beyond the sponsor itself, with the potential to disrupt service provision to vulnerable individuals. It was also highlighted how the Home Office's own actions, such as granting the certificates of sponsorship and subsequently the care worker visas, contributed to the situation.
To address any residual compliance concerns, City Legal set out a detailed compliance action plan including enhanced recruitment and right-to-work procedures, accurate SOC code assessment, improved SMS reporting, staff compliance training, and regular internal audits.
The Outcome
The Home Office reinstated the organisation's sponsor licence with immediate effect following our detailed representations and proactive engagement. The organisation is once again fully authorised to sponsor Skilled Workers and continue its operations.
Suspension Response · Consulting Firm · Reinstated
Management consulting firm cleared of unlawful working allegations
About the Client
The client is a management consulting firm that offers tailored solutions to both entrepreneurs and established businesses. The firm was equipped with a sponsorship licence and was navigating the self-sponsorship process for its owners when the Home Office intervened.
What Went Wrong
The Home Office suspended the sponsor licence, alleging that the owners had been residing in the UK unlawfully and possibly engaging in work without the requisite visa permissions. The implications were severe: beyond losing the capability to issue Certificates of Sponsorship, the company's entitlement to employ its existing sponsored workforce was nullified, jeopardising the livelihoods of those individuals and casting a shadow over the firm's operations.
How City Legal Solicitors Approached this Case
Facing the allegations, our team devised a strategy to irrefutably disprove the claims made by the Home Office. Our approach included presenting a detailed business history backed by a forward-looking business plan, demonstrating financial solvency through bank statements and an official letter from the bank, highlighting the credentials of key personnel through professional CVs, and preparing detailed legal representations asserting that all business activities had always been above board.
For every concern raised by the Home Office, we provided a specific, detailed response with concrete evidence to address each individual point. We laid out our rebuttals in an organised, coherent manner, ensuring the narrative was both compelling and easy for the authorities to follow.
The Outcome
The Home Office reinstated the sponsor licence. Their feedback underscored the impact of our approach, particularly appreciating the detail and thoroughness of our response, indicating that our methodical defence played a key role in their decision.
Suspension Response · Care Sector · Compliance Audit
Care home licence reinstated after CoS capacity challenge
Case Background
A care provider's sponsor licence was suspended after the Home Office questioned a request for 30 Certificates of Sponsorship against a CQC report documenting only 11 service users. The Home Office also raised concerns about the company's SIC code classification under 78109 for "Other activities of employment placement agencies," suspecting the organisation might be supplying workers to third parties or acting as a recruitment agency.
How City Legal Solicitors Approached this Case
City Legal responded by preparing a thorough cover letter that refuted each point raised and challenged the decision based on limited initial information. The cover letter emphasised the client's future expansion plans to justify the requested Certificates of Sponsorship, anticipating a rise in service users. We provided detailed responses to the Home Office's queries, including information on staff working hours and contract details, to substantiate the organisation's genuine recruitment needs.
The Outcome
The Home Office reinstated the sponsor licence with immediate effect following our detailed representations and evidence submissions. We then undertook an organisation-wide Mock Compliance Audit and provided the client with a detailed action plan. The client was also onboarded to our Sponsor Licence Compliance Portal for ongoing compliance management.
