AW v Ofsted

AW v Ofsted

The Tribunal found that Ofsted had reasonable grounds to believe that continued provision of childcare by the Appellant may expose children to a risk of harm, particularly due to her lack of insight into the risk posed by her partner and her failure to adhere to her own risk assessment. Suspension was deemed a necessary and proportionate response pending the outcome of ongoing investigations.

Parties
Appellant: AW; Respondent: Ofsted
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Care Standards Appeal / Appeal Against Suspension Decision
Outcome
Appeal dismissed
Legal Topics
Suspension of Registration, Child Protection, Proportionality of Regulatory Action
Childcare Law Administrative Law Suspension of Registration Child Protection Proportionality of Regulatory Action

Case Brief

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Parties

AW

Appellant

Ofsted

Respondent

Procedural Posture

Care Standards Appeal / Appeal Against Suspension Decision

Legal Issues

  1. 1 Whether the threshold for suspension under Regulation 9 is met
  2. 2 Whether suspension is a necessary and proportionate response

Ratio Decidendi

The Tribunal found that Ofsted had reasonable grounds to believe that continued provision of childcare by the Appellant may expose children to a risk of harm, particularly due to her lack of insight into the risk posed by her partner and her failure to adhere to her own risk assessment. Suspension was deemed a necessary and proportionate response pending the outcome of ongoing investigations.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of Ofsted to suspend the registration as a childcare provider on domestic premises on the Early Years Register and both the compulsory and voluntary parts of the Childcare Register dated 17 November 2025 is confirmed.