The CQC has a wide range of criminal enforcement powers which include the power to prosecute and issue fixed penalty notices or simple cautions to organisations and individuals. These powers are, however, limited to registered providers and certain...
Ofsted has a wide range of civil and criminal enforcement powers and Ofsted can utilise these powers against registered providers and managers in early years, childcare, education, and social care sectors. They also have the power to take enforcement action against individuals or companies who are providing regulated activities without registration.
What are Ofsted’s enforcement powers?
In broad terms, Ofsted can take the following action against a provider:
- Raise a requirement following or at an inspection / monitoring visit
- Make a recommendation at an inspection / monitoring visit
- Issue welfare requirement notices
- Issue compliance notices
- Suspend registration
- Restrict accommodation
- Cancel registration
- Impose or vary conditions of registration
- Refuse a new registration application
- Refuse a request to vary or remove conditions of registration
- Undertake regulatory meetings
- Undertake interviews under caution
- Issue warning letters and cautions
- Prosecute providers, directors, and managers
The type of action taken by Ofsted will be determined by the nature of the concerns that Ofsted have and the type of provider that they are regulating.