Transparencey and how power is used are issues we should all be worrying about.

On 10 February 2019 Ofsted confirmed in writing a change of policy whereby applicants who were previously given opportunity at Ofsted’s discretion to withdraw their application and in doing so avoided disqualification from the workforce were no longer to be afforded this concession.  Ofsted said this was because there were a small number of people who they did not think should be in the workforce and they did not want to give them the opportunity to withdraw an application. In other words, Ofsted wanted to disqualify them and needed parity to avoid legal challenge.

Since this change in policy there are reports of an increased number of refused applications that have resulted in unfair disqualification. In some of these cases tribunal appeals have been submitted and won, in others, caregivers have simply ‘thrown in the towel’ and businesses have gone bankrupt. These desk-top decisions are being made behind closed doors, evidence is not shared or tested, there is no hearing, the imposed sanction is immediate, and it prevents a refused applicant from working in any capacity without a waiver from Ofsted. It is a system that is wide open to abuse, even a person who has committed a crime has the right to a defence and a fair hearing. It also pays no attention to the needs of vulnerable children who rely on secure relationships with caregivers.

 In a recent example a qualified and experienced caregiver, judged by Ofsted to have improved effectiveness at the home she had been managing for 5 months during an inspection completed on 18 December 2020, was refused registration 9 weeks later on 21 February 2020.