Ofsted enforcement case studies

Our regulatory solicitors have an excellent reputation for providing advice and representation in relation to compliance, inspections, enforcement action and appeals to the first-tier tribunal. Our team has experience of dealing with a wide range of cases and the following case studies are examples of our recent work in this area. If you would like advice about any area relating to Ofsted contact our specialist solicitors on 0203 816 9274.

First-tier tribunal appeals

Appeal against notice restricting accommodation

Our specialist lawyers represented a children’s home in an appeal to the first-tier tribunal (Health, Education and Social Care Chamber) against a notice restricting accommodation issued to them by Ofsted. The notice restricted any child or young person from living at the children’s home for a three month period with immediate effect.

The notice was issued following an inspection carried out at the children’s home by Ofsted, which rated the home overall as ‘inadequate’ and identified a number of concerns, particularly in relation to safeguarding.

The children’s home had recently appointed a new manager and whilst they acknowledged that there had been some previous failings, they had made numerous significant improvements to their internal systems and procedures to address Ofsted’s previously identified concerns. We submitted a bundle of detailed witness statements and evidence to Ofsted during the appeal to demonstrate this. As a result, Ofsted carried out a further visit to the children’s home and decided to lift the restriction on accommodation in light of their findings. The appeal was therefore withdrawn and the children’s home was able to provide accommodation to children and young people again.

Appeal against notice of decision to cancel registration

Our specialist lawyers represented an early years nursery in an appeal against Ofsted’s notice of decision to cancel its registration on the early years register, compulsory childcare register and voluntary childcare register, to the first-tier tribunal (Health, Education and Social Care Chamber).

We represented the nursery at a number of telephone and case management hearings (TCMH) throughout the appeal process and assisted them in compiling a large bundle of witness statements and evidence in support of their appeal. However, after a number of difficult inspections, the provider decided to sell the nursery shortly before the final appeal hearing. It was therefore vital that the appeal was carefully managed to ensure that the sale to the new owner was finalised before the final hearing, whilst the provider’s registration remained in place and the nursery was still a viable business.

We assisted the provider in order to facilitate this by liaising closely with Ofsted, the tribunal and the new owner’s solicitors. As a result, the sale was completed prior to the final appeal hearing. The provider was therefore able to withdraw their appeal and the children were able to continue to attend the nursery.

 

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