Ofsted notice of proposal and notice of decision

We know how this feels

A notice of proposal reads like a decision, but it is not one yet. It tells you that Ofsted proposes to cancel your registration, suspend it or change its conditions, and it gives its reasons in writing. If you have built a home around caring for children, those reasons are hard to read.

The notice also gives you a chance to answer in writing before anything changes. In our experience, providers who answer with dated evidence of what has changed give themselves the best chance of Ofsted thinking again, and providers who wait find their options narrowing.

If Ofsted upholds your representations, it sends a letter confirming it will not proceed to a notice of decision.

What is an Ofsted notice of proposal?

A notice of proposal is the written notice Ofsted must give before it takes certain steps against a registered person. Under section 17(4) of the Care Standards Act 2000, it must give notice of a proposal to cancel the registration, to suspend it or extend a suspension, to vary or remove a condition, or to impose an additional condition. The notice must give Ofsted's reasons for its proposal.

Ofsted can cancel the registration of the provider, the registered manager or both, so a notice of proposal can name either or both.

Urgent action skips this step. Where Ofsted applies to a justice of the peace under section 20, or gives an urgent notice under section 20B, it does not have to give a notice of proposal first. A compliance notice and a notice restricting accommodation are also served directly, with no notice of proposal first.

This page covers notices to registered providers and managers. A separate notice of proposal applies when Ofsted proposes to refuse an application to register.

This page is general information, not legal advice.

How the 28 days work

Every notice of proposal must state that within 28 days of service, the person it is served on may make written representations to Ofsted about any matter they want to dispute. Count calendar days. Ofsted's policy says a notice takes effect on the day it is served, and any time period in it begins the next day. To be safe, treat the day of service as day one and send your representations well before the 28th day.

Service may not be the date on the letter. Under section 37, post is treated as served on the third day after it was sent, and email on the next working day, unless the contrary is proved. A notice delivered to you in person is served when it is handed over. Work from the earliest date that could apply.

While the 28 days run, Ofsted cannot decide the matter. Section 18(2) bars it from determining anything the notice relates to until you have made representations, told it in writing that you will not, or the period for representations has passed.

How to make written representations

Representations must be in writing, by email or post, and not by telephone. Include anything that supports your view that Ofsted should not take the action: information or evidence it did not previously consider, details of any action you have taken since receiving the notice, and any relevant legal arguments.

You can also ask to present your written representations in person, by telephone or by video call. You must ask for that in your written representations, and Ofsted says it will grant any reasonable request, depending on the impact of any delay.

The meeting is for presenting what you have already submitted. It is not a forum for cross-examining evidence. You can attend with a representative. If they are solicitors, they can advise on legal points, but there will be no legal debate.

Ofsted either upholds your representations or it does not. If it does not, it issues a notice of decision that details the representations you made and how it considered them.

Representations that arrive after the notice of decision are returned. Ofsted says you can include any relevant information in an appeal.

The notice of decision (section 19)

If Ofsted decides to adopt its proposal, section 19(3) requires it to serve notice in writing of its decision. The notice must explain your right of appeal under section 21. For a suspension it must state the period of suspension, and for a change to conditions it must state the condition as varied, removed or imposed.

Ofsted's policy says the notice of decision tells you why it has decided to take the action and sets out its evidence.

When does the decision take effect?

Not straight away. Under section 19(5), a decision to adopt a proposal does not take effect until the 28-day appeal period has ended, if no appeal is brought, or until any appeal is determined or abandoned, if one is.

Ofsted's policy says the same for cancellation: a person remains registered until 28 calendar days after the notice of decision is served or, if there is an appeal, until the appeal is determined. A non-urgent suspension takes effect only once the 28-day period for appeal has passed, or an appeal has been lodged and the Tribunal has heard and dismissed it.

Unless Ofsted has also suspended the registration, you can carry on until the decision takes effect. That gap is not a safe one. Ofsted says it must consider the safety and welfare of people who continue to receive services between the notice of proposal and the cancellation taking effect, and that it is likely to carry out monitoring visits or inspections in that time. If standards fall and there may be a risk of harm, it may consider urgent action such as suspending the registration. If there is significant improvement that it believes can be sustained, it may review the decision.

Ofsted can also use other powers alongside a notice of proposal. For example, while issuing a notice of proposal to cancel registration or impose conditions, it may restrict accommodation to protect children.

Appealing a notice of decision to the First-tier Tribunal

You can appeal a decision to the First-tier Tribunal (Care Standards). No appeal may be brought more than 28 days after service on you of notice of the decision. Send the Tribunal's appeal form with a copy of the notice of decision. Do not plan around the Tribunal accepting a late appeal.

On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect. It can also vary a condition, direct that a condition ceases to have effect, direct that a condition it thinks fit takes effect, or vary the period of a suspension.

Ofsted's policy says that for registered persons, the burden of proving the case rests with Ofsted. In an appeal against cancellation, it must establish the grounds and that its decision is reasonable and proportionate. The Tribunal considers the evidence available on the date of the hearing, which can include evidence from monitoring visits or an inspection since the original decision. The work you do after the notice therefore counts at the hearing too.

Ofsted's policy lists the expedited appeals process for a restriction of accommodation, a magistrate's order, and urgent suspension or urgent conditions. An appeal against an ordinary notice of decision is not on that list. The Tribunal gives at least 14 days' notice of the time and place of a hearing.

Ofsted's policy says providers may wish to seek legal advice or representation for an appeal, and that it is not unusual for parties to represent themselves. We build the evidence and work with your own solicitor, or our trusted legal partners can handle the appeal.

Ofsted's policy says a party can apply for a review only if it believes there is an error of law in the decision, and can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal has refused it.

How First-tier Tribunal appeals work

Why providers call HLTH

Our Ofsted compliance and regulatory support team works with children's homes and supported accommodation. It draws on the collective experience of the wider HLTH team in regulation, governance and turnaround.

We help you acknowledge each reason Ofsted gave, assess what sits behind it, put the changes in place and evidence them, so your written representations rest on facts a decision-maker can check.

If an appeal makes sense, your own solicitor or our legal partners can handle it. We build the evidence alongside them.