A Restriction of Accommodation Notice can be issued by Ofsted where it believes that a child, young person or adult may be at risk of harm if there are further admissions. The Notice prevents a children’s home from accepting any new placements while allowing existing children and young persons to remain at the home. Such restrictions are for time limited periods but can be subject to extensions by Ofsted.
Whilst existing children and young persons can remain in the home, this can often prompt local authorities to assess existing placements and sometimes remove the children, leaving the home financially vulnerable.
Additionally, Ofsted will notify every local authority in England and Wales that a Notice has been served, which can cause reputational damage too.
It is an offence not to comply with a Notice.
Notices should be kept under review by Ofsted and Providers can appeal a Notice to an independent Tribunal, the First–Tier Tribunal.
Ridouts can help you by:
- Working with you to present evidence to Ofsted as to why a Restriction is no longer needed;
- Appealing a Notice to the Tribunal;
- Drafting explanatory letters to local authorities.
