Ofsted defence lawyers 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

Children's home appeal allowed

We were instructed to represent a children’s home that had been issued with a notice of cancellation of registration by Ofsted. We were instructed after the owner of the home had lodged their appeal to the first tier tribunal. The reasons for the cancellation were wide-ranging, including a long history of concerns regarding the home’s compliance with regulations, their management of children’s behaviour, record keeping and concerns about the honesty and integrity of the owner and responsible individual at the home.

We dealt with the initial stages of the appeal and prepared witness statements and evidence in response to the concerns, which was substantial. Upon receiving and considering our evidence, Ofsted approached us to advise they were no longer opposing our appeal and the appeal was therefore allowed. This meant that the home could remain open and the child residing at the home could remain there.

 

Suspension lifted for child minder

We were instructed to act on behalf of a child-minder who was subject to a suspension order issued by Ofsted. This was as a result of an allegation by a parent that our client had assaulted a minded child. The complaint had also been reported to the local authority designated officer and the police.

The client instructed us approximately 12 weeks into the suspension and was already losing business. Ofsted would not lift the suspension until the conclusion of the police investigation. We made contact with the police and pushed for an interview as a matter of urgency. The police closed the case with no further action 24 hours after the interview. The local authority designated officer and Ofsted subsequently closed their own investigations and the suspension was lifted. The client managed to retain a number of their longstanding clients and continue with their business.

Challenging inspections

Nursery retained 'outstanding' rating following complaint about Ofsted inspector who awarded 'require improvement' rating

We were instructed by a nursery with an excellent inspection history who had recently had an inspection resulting in a grading of ‘requires improvement’. The nursery had serious concerns about the conduct and professionalism of the inspector, as well as the processes followed and findings made by the inspector. A formal complaint was lodged with Ofsted who determined that the evidence gathered did not meet their quality assurance standards and therefore the report would not be published. A new inspection with a different inspector was carried out urgently and the nursery retained their ‘outstanding’ grading. In addition, a number of elements of the complaint were upheld.

Nursery regained 'good' rating following an early re-inspection 

We were instructed by a nursery with a consistently good inspection history. The nursery was the subject of a concern driven inspection as a result of a technical breach of the Early Years Foundation Stage, which resulted in a grading of ‘inadequate’. The breach was accepted by the nursery, however, we sought to persuade Ofsted that this nursery was clearly a good provider and they should be inspected as early as possible to minimise the impact of the grading. Ofsted agreed to an early re-inspection within three months, rather than the usual six to 12 month period. The nursery regained their ‘good’ grading at the early re-inspection.

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