The subject of this blog relates to Ofsted’s legal obligations to disclose information to local authorities about enforcement action taken by it against children’s home providers and managers.

Back in September 2022, a provider client of mine received a notice of proposal to cancel (NOP) from Ofsted in relation to their children’s home. It was about a technical planning issue. Wrongly, Ofsted thought my client did not have the necessary planning permission and in a knee-jerk fashion issued a NOP to cancel. My client had a certificate of lawful use which was perfectly acceptable and, ultimately, we got Ofsted to withdraw the NOP but that is another story.

Anyway, before then, Ofsted contacted a local authority that was funding a child in the children’s home and informed them about the NOP to cancel. Understandably the local authority was concerned and asked my client for an explanation which was provided. My client challenged what Ofsted had done and the Ofsted inspector replied to say that as a matter of law every local authority is made aware of any notice issued by Ofsted.

Is that correct, legally? No, it is not.

Section 30A of the Care Standards Act 2000 sets out those matters that Ofsted must notify all local authorities about.

It includes a notice of decision to cancel.

It does not include a notice of proposal to cancel.

In addition, the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 set out additional notification requirements e.g. if a provider appeals an NOD to cancel to the tribunal. However, again, this secondary legislation does not include NOPs as part of what must be disclosed to local authorities by Ofsted. This is not surprising as a NOP may be withdrawn or not adopted by Ofsted; it is only a proposal, not a final decision.

This is confirmed by the Ofsted Enforcement handbook as follows:

“Notifying local authorities

We are required under section 30A of the Care Standards Act 2000 and the Care Standards Act 2000 (Enforcement of Care Standards) (Notification) (England) Regulations 2011 to notify all local authorities in England and Wales when we take the following enforcement action in respect of children’s social care providers or managers:

  • issue a NOD to cancel registration
  • issue a NOD to suspend
  • issue an urgent notice to suspend
  • issue a summons to prosecute for a relevant offence
  • issue a notice to restrict accommodation…”

Therefore, it is not mandatory for Ofsted to notify local authorities about NOPs to cancel under the Care Standards Act. In other words, there is no statutory basis for disclosing the fact that an NOP to cancel has been served.

 

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Neil Grant

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