It was recently reported that the Care Quality Commission (CQC) prosecuted a woman who had been running a domiciliary care agency and providing the regulated activity of ‘personal care’ without CQC registration. It is a criminal offence to...
Ofsted has a wide range of civil and criminal enforcement powers, including the cancellation of registration. Ofsted can utilise these powers against registered providers and managers in early years, childcare, education and social care sectors, and has the power to take enforcement action against individuals or companies who are providing regulated activities without registration.
What are Ofsted’s enforcement powers?
In broad terms, Ofsted can take the following action against a provider:
- Raise a requirement following or at an inspection / monitoring visit
- Make a recommendation at an inspection / monitoring visit
- Issue welfare requirement notices
- Issue compliance notices
- Suspend registration
- Restrict accommodation
- Cancel registration
- Impose or vary conditions of registration
- Emergency cancellation of registration
- Emergency suspension
- Refusal of a new registration or a request to vary or remove conditions of registration
- Grant registration with conditions not previously agreed
- Warning letters and cautions
- Prosecutions
The type of action taken by Ofsted will be determined by the nature of the concerns that Ofsted have and the type of provider that they are regulating.
