Ofsted Registration Refusal and Compliance Notices

If you have received a Notice of Proposal (NOP) to refuse your registration with Ofsted, you should be aware that it could lead to a cancellation of registration, preventing anyone significantly involved in having future involvement in children’s homes. As such, it can be prudent to apply to withdraw your application and resubmit it at a later stage when all outlined concerns have been addressed.

For providers who find themselves in the difficult position of receiving a compliance notice following an Ofsted Inspection, you may benefit from assistance to meet the specified actions within the given timeframe. 

Changing Outcomes can help.

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What is a Notice of Proposal?

If your Ofsted application isn’t quite up to scratch, you may be issued with a Notice of Proposal from Ofsted. This is related to Ofsted’s civil enforcement capabilities which comes under the Care Standards Act 2000. Essentially, Ofsted has the power to take enforcement action against a provider if they have legitimate concerns. Any concerns will typically relate to a lack of compliance with the Children’s Homes (England) Regulations 2015. Whilst receiving a NOP may be worrying, it actually gives you time to act and make a decision that is right for you. 

Why Your Application May Be Refused

The reasons why Ofsted may have notified you of their intention to refuse your registration can be wide ranging, but common examples include:

• The proposed Registered Manager and/or Responsible Individual not being suitably qualified / experienced
• A lack of staff who have been inducted, trained, and gone through all safer recruitment checks
• A business plan and cash flow forecast which shows a lack of industry knowledge and unrealistic expectations
• Policies, SOP, and Children’s Guide that aren’t bespoke to the service

If you need support with your Ofsted application refusal, it’s best to get in touch as soon you can. This is because if representations are to be made, the full 28 days can be utilised.

What Action Can Ofsted Take?

According to legislation, the actions that Ofsted can take due to a Notice of Proposal includes:

• Complete cancellation of your registration;
• Suspension of registration (or extension of a period of suspension) whilst corrections are made;
• Imposition of conditions of registration (e.g. preventing future admissions without Ofsted’s consent or requiring the frequent submission of information to Ofsted);
• Variation of conditions of registration (e.g. by changing the number of children authorised to be accommodated at the provision); or
• Removal of conditions of registration

Ofsted will provide you with a Notice of Proposal letter which details the reasons why your application has been rejected. The aim of this is to help you understand the case against it and give you reasonable opportunity to respond. Typically, a NOP comes after a recent inspection whereby Ofsted have expressed serious compliance concerns. 

How We Can Help

Changing Outcomes have consultants with the knowledge and experience to:

• Assist with your response and develop a robust action plan
• Create or review policies, procedures, and templates to ensure compliance
• Develop your business plan and cash flow forecast, so that it’s thorough and realistic
• Scrutinise personnel files and safer recruitment processes
• Carry out regular mentoring and support to the Registered Manager and/or Responsible Individual

You will have 28 days from receiving your NOP to submit representations to Ofsted, so acting diligently and in a timely way is critical. In some cases Ofsted can provide extensions, but it is important to keep in mind that this is a statutory deadline. If you fail to submit representations within your written deadline, you can expect to automatically receive a Notice of Decision (NOD). 

With our knowledge and experience, you’ll be in a good position to address any concerns or reasons for intended refusal, ideally resulting in a more positive outcome. 

How to Respond to a Notice of Proposal?

Our team of experts will help you to respond to your Notice of Proposal in a timely and effective manner. If appropriate, we will work with you to help you put forward the reasons why the NOP should not have been initiated. Common representations can include:

• Pushing back on the accuracy of the reasons supplied by Ofsted
• Questioning the legality of the suggested actions 
• Detailing the implemented improvements to address Ofsted’s concerns

For professional support with your response to a NOP, trust the team at Changing Outcomes.