England and Wales Case Law

Marcia Janice Steele v Ofsted

The evidence demonstrates grave concerns about the appellant's judgment and ability to safeguard children, particularly her failure to prevent children being present during a scheduled eviction and her actions to delay enforcement using children. The threshold for suspension under regulation 9 is met, and the suspension decision is necessary, justified, and proportionate pending further investigation.

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• Suspension of registration
• Risk assessment
• Proportionality
• Public interest
• Safeguarding children

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Safe Hands Care and Support Services v Ofsted

The First-tier Tribunal upheld Ofsted’s 12-week suspension of Safe Hands Care and Support Services’ registration over safeguarding risks in supported accommodation.

• Suspension of registration
• Safeguarding
• Supported accommodation
• Proportionality
• Compliance notices
• Suspension-of-registration

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Carmen Nosegbe v Ofsted

The Tribunal dismissed Mrs Nosegbe’s appeal against Ofsted’s suspension of her registration as manager, finding a sufficient safeguarding risk and that suspension was proportionate.

• Suspension of registration
• Risk of harm
• Proportionality
• Safeguarding
• Regulatory enforcement
• Suspension-of-registration

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Guardian Homes (Midlands) Ltd v Ofsted

The Tribunal found that, as of the hearing date, there was sufficient evidence to reasonably believe that children may be exposed to a risk of harm due to the lack of an approved Responsible Individual and Registered Manager, ongoing deficits in governance and leadership, and unresolved concerns with procedures and policies. Suspension remains necessary and proportionate until these deficits are remedied.

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• Suspension of registration
• Children's homes regulation
• Proportionality of regulatory action
• Risk of harm to children
• Leadership suitability in care settings

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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.

Source excerpt

• Suspension of registration
• Child protection
• Proportionality of regulatory action

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Sidley Medical Practice (a partnership consisting of Dr Asare and Mr Asante) v Care Quality Commission

The Tribunal found that the appellant was in breach of a condition of registration (no registered manager) and breached Regulations 12, 13, 15, 17, 18, and 19 of the 2014 Regulations. These breaches, including specific findings that patients 2, 3, 5, 6, and 21 were placed at risk of harm, and the appellant's history of non-compliance, gave reasonable cause to believe that unless the suspension was extended, patients would or may be exposed to the risk of harm. The extension of suspension was therefore proportionate and necessary.

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• Suspension of registration
• Regulated activities
• Risk of harm
• Compliance with health regulations
• Burden and standard of proof
• De novo appeal

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Emma Jayne Duffield v Ofsted

A reasonable person, knowing the law and facts, would believe that continued provision of childcare by the Appellant may expose a child to a risk of harm due to Mr Cox’s excessive alcohol consumption, alleged violent behaviour, and the Appellant’s lack of understanding and reporting of risks.

Source excerpt

• Suspension of registration
• Risk of harm
• Childminder suitability
• Burden and standard of proof

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Nursing and Midwifery Council v Mtisi

Nursing and Midwifery Council v Mtisi [2012] EWHC 513 (Admin) (22 February 2012)

The High Court extended an interim suspension of a nurse’s registration for six months, finding the public protection grounds continued to apply pending a substantive hearing.

• Interim orders
• Suspension of registration
• Professional misconduct
• Professional-regulation
• Interim-orders
• Suspension-of-registration

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General Pharmaceutical Council, R (on the application of) v Ramos

General Pharmaceutical Council, R (on the application of) v Ramos [2010] EWHC 2693 (Admin) (18 October 2010)

The Administrative Court held that a professional suspension should continue pending the full hearing, finding the suspension justified and the delay not attributable to the claimant.

• Suspension of registration
• Procedural fairness
• Public interest
• Administrative-law
• Professional-regulation
• Judicial-review

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Vaissiere v Ofsted

Vaissiere v Ofsted [2008] EWCST 1330(EY-SUS) (17 July 2008)

Appeal against Ofsted suspension of a childminder’s registration dismissed. The Tribunal found reasonable cause to believe children may be at risk of harm.

• Suspension of registration
• Child protection
• Standard of proof in regulatory proceedings
• Appeal procedure
• Risk of harm to children
• Childcare-regulation

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