Ofsted has extensive enforcement powers which, if exercised, can have a major impact on a providers’ registration. These powers can be taken on notice or, if urgent, on an emergency basis.
Ofsted can serve a:
Notice of Proposal (NOP) to:
- Cancel your registration
- Suspend your registration
- Vary or remove a condition on your registration
- Add a condition to your registration
Ridouts can help you to draft representations to the NOP setting out why the proposed action should not be taken.
Notice of Decision (NOD) to:
- Cancel, Suspend, or Vary your registration which confirms a Notice of Proposal already issued.
- Suspend or vary your registration on an urgent basis under section 20B of the Care Standards Act 2000. This means the decision takes effect immediately, and providers should comply or face committing a criminal offence. Such action can result in services having to cease and children being removed immediately.
Ridouts can help you to appeal the NOD to the First-Tier (Care Standards) Tribunal.
Magistrates’ Court Order:
- Cancelling a provider’s registration, imposing, removing or varying conditions on your registration on an urgent basis under section 20 of the Care Standards Act 2000. This takes effect as soon as the order is made.
Ridouts can help you to appeal the order to the First-Tier (Care Standards) Tribunal.
Such action can be highly damaging, reputations can be tarnished, providers can be prosecuted for failing to comply with conditions of registration and businesses can be lost.
Ridouts can work with you to build a robust response to these types of action.
Disqualification Legislation
Cancellation of a children’s home registration also triggers related disqualification legislation. Such legislation can prevent those who have had their registration cancelled and relevant persons connected to a cancellation from being involved in a children’s home (and other services) in the future.
Ridouts can help you by:
- Advising on the strength of the case contained within Notices of Proposals (“NOPs”) and Notices of Decision (“NODs”);
- Drafting comprehensive responses to NOPs and NODs and identifying supportive evidence;
- Appealing NODs to the Tribunal; including drafting witness statements, attending case management hearings and preparing bundles for disclosure;
- Representing health and social care providers at emergency closure hearings in the Magistrates' Court.
