Ofsted appeals to the first-tier tribunal

Challenging Ofsted enforcement action

Our specialist Ofsted lawyers provide advice and representation at all stages of an Ofsted appeal to the first-tier tribunal (health, education and social care chamber), including:

• Advising on the prospects of success of an appeal
• Drafting appeal applications - including grounds of appeal
• Representation at a telephone case management hearing (known as a ‘TCMH’)
• Drafting directions and orders
• Negotiating extensions and/or a stay of proceedings
• Drafting detailed witness statements
• Compiling paginated bundles of evidence
• Dealing with T109 applications to the tribunal
• Drafting Scott Schedules and skeleton arguments
• Representation at final appeal hearings nationwide

You can read about some of our recent appeal cases on our Ofsted case studies page.

Key advice on appeals

The time limit that applies can vary depending on the type of action taken by Ofsted and the type of provider being regulated.

However, if Ofsted issue you with a notice of decision to cancel, suspend, impose or vary a condition of your registration or issue you with a notice restricting accommodation, you usually have 28 days to lodge an appeal against this decision to the first-tier tribunal (health, education and social care chamber). If an appeal is lodged against a decision to cancel or vary a condition, this usually has the effect of suspending Ofsted’s decision until such a time that the appeal has been dealt with, which can often take several months. For appeals against suspension notices and restrictions of accommodation, the notice will remain in force until the appeal has been heard. In these cases, the hearing will be dealt with by the tribunal on an urgent basis.  

If you are an early years provider or childminder and Ofsted issue you with an urgent suspension notice, you usually have ten working days to lodge an appeal against this decision to the first-tier tribunal (health, education and social care chamber). The setting will remain suspended whilst the appeal is considered and for this reason, the tribunal will aim to hear the appeal within a matter of weeks.

We understand how important it is for you to act quickly in these circumstances and our specialist Ofsted lawyers are therefore always prepared and on hand to assist at short notice. Our specialist Ofsted lawyers provide clear and strategic advice to help protect your interest, and can represent you and your business if you wish to appeal a decision that has reached the first-tier tribunal. Our specialist Ofsted lawyers have achieved success in appeals to the first-tier tribunal for a range of services. If you need legal advice and advocacy for a first-tier tribunal (health, education and social care chamber), contact us today for no-obligation initial advice on 0161 696 6250 or complete our online enquiry form.