Today I have set up a Go Fund Me page to raise funds to seek a judicial review of the law that permits the disqualification of caregivers. Please read on.
The disqualification regime for children’s homes fails young people, fails staff, fails providers and must be changed. We understand the challenges Ofsted face and believe regulatory processes can be strengthened when the voices of those regulated are heard and considered in the collective task of keeping children safe.
The issue
The issue of a person failing the fit person procedure, meaning disqualification from childcare practice, has affected many providers and individuals. Children have lost managers they loved and homes that were their homes. People have lost an entire career after many successful years of child -care practice.
The Reason
Ofsted have interpreted the law differently to other regulators which means that the decisions they make to disqualify people are;
- Not transparent- people do not know the reasons for these decisions
- Disproportionate – Ofsted choose to disqualify people from working in the sector for life
- Inconsistent- Some Ofsted offices are determined to disqualify applicants, others allow people to withdraw.
- Not accountable- Ofsted choose not to explain themselves and deny Freedom of Information requests and refuse to progress complaints
We believe this a fundamental breach of the Human Rights Act 1998 as it removes the right of a fair trial. We firmly believe that unsuitable people must not be allowed to work children with children and the correct route to establish their removal from the sector must be through the DBS, not through private Ofsted meetings where information is unchallenged, and records are not shared.
This view is echoed by a QC who is willing to prepare a legal challenge to the unfair approach to disqualification. You can support us by:
1. Donating: Our target is £20k. All funds will be kept in an account that will be transparent. Funders will not be made public unless it is their wish.
2. Sharing this: Please let others know links to the campaign page and the fundraising page.