Guidance

How to object: guidance for childcare providers

Updated 25 February 2016

Applies to England

What is an objection?

You can object to our intention to take certain steps. We set out these steps in a written notice called a notice of intention. At this stage we will not have made a final decision to take these steps, but we plan to unless we receive new information that convinces us that we do not need to.

Making an objection is your opportunity to provide us with any information or evidence that you think we have not previously considered, and/or tell us about any action you have taken since you received the notice of intention. If you can show that you have taken satisfactory action to deal with our concerns, we may decide not to take the steps set out in the notice of intention.

You can object to our intention to:

• cancel your registration
• refuse your application to register as a provider of childcare
• refuse your application for approval to add additional premises to your existing registration
• refuse your request to vary or remove the conditions applying to your registration
• change the conditions that apply to your registration, including adding new conditions, or changing or removing existing ones (conditions can restrict the way you operate, such as by limiting the number of children you can care for due to health reasons, or allowing you to provide care overnight)

You can only object to a notice of intention to take any of the steps listed above. If you have received a notice of decision, you cannot object if you disagree with our decision, but you can appeal against our decision to an independent body. If you wish to make an appeal, please refer to our guidance How to appeal: guidance for childcare providers.

When can I tell you that I want to object?

If you want to object, you must tell us in writing within 14 days of the date of the notice of intention. Initially, you only need to tell us that you want to object, we will then contact you to establish how you want to make your objection.

You can tell us you want to object by email to [email protected]. The email must:

• be sent from the email address you have registered with us
• include your unique reference number (URN)
• state that you want to object to the notice of intention, preferably in the subject line

If you don’t have an email address registered with us, you can tell us that you want to object by post to:

Ofsted
Piccadilly Gate
Store Street
Manchester
M1 2WD

Your letter must:

• include your URN
• state that you want to object to the notice of intention
• provide the best days/times and details for contacting you

What happens next?

We will send you a form to complete to tell us how you want to make your objection. You can make your objection:

• in writing
• by telephone or video call
• in person

If you want to make your objection in writing, when you return the form telling us how you want to object, you should also include your reasons for objecting plus any other information relevant to your objection that you would like us to know.

If you tell us you want to make your objection by telephone, video call or in person, we will arrange a suitable date and time, and where necessary a place, for this to happen. If you want to make your objection yourself, you can have someone else with you to provide support and offer you advice. This person can be anyone, for example a friend, a neighbour, a relative or a solicitor. Alternatively, you can ask someone else to make your objection for you. If a representative makes your objection and you decide not to attend the meeting or telephone/video call, we may need to contact you if any of the information provided is not clear.

We will continue with the planned steps set out in the notice of intention if you:

• do not return the form to tell us how you want to make your objection
• return the form advising that you want to make your objection in writing but do not include the information about your objection set out above
• advise that you want to make your objection by telephone, video call or in person but do not make yourself available for a meeting to make the objection
• do not attend an arranged objection meeting without good reason

How will you deal with my objection?

If you make your objection in writing, we will arrange time to consider the information that you supply.

If you want to make your objection by telephone or video call, we will call you to hear your objection on the date and time arranged.

If you want to make your objection in person, we will meet with you and/or your representative to hear your objection at the arranged date, time, and place.

Once we have considered your objection, we will write to you to let you know the outcome.

Who will deal with my objection?

The objection will usually be dealt with by the senior officer who made the original decision. If this is not possible, another senior officer in your region will do this instead.

If the notice of intention was issued by a senior regulatory professional for an administrative matter, such as failure to pay an annual fee, a senior officer in your region will consider the objection.

They may seek advice from other colleagues, such as their senior His Majesty’s Inspector, but the final decision will be made by a senior officer.

What will happen on the day of an objection meeting?

The purpose of an objection meeting is for you to give us any further information that you think we should consider before we make our decision.

We will not challenge the information you or your representative give. In the same way, you or your representative cannot directly challenge us about the steps we intend to take. If we decide to go ahead with these steps, you will have the right to appeal against our decision and at that stage you, or your representative, will be able to challenge us through the appeals process which is explained at the end of this guidance.

We will only ask questions if:

• we do not understand any of the information you give us on the day
• we need you to expand on any of the information you give us

Making your objection by telephone or video call

We will make a telephone or video call to you, or to your representative, at the time we have arranged with you. You can have someone else with you to offer you support or advice, or to make your objection for you on the call. We will follow the procedure, set out in the paragraph below, as if you are meeting with us in person.

Making your objection in person

If you and/or your representative attend in person, please tell us about any special facilities you may need, such as easy access to the building, so that we can make suitable arrangements. We will show you and/or your representative to a private room where we will hear your objection. Once you, and/or your representative, are settled and ready, we will:

• welcome you
• ask you to confirm your name and address, and the name of anyone else you have brought with you for support and/or advice, or to act as your representative
• confirm that you understand the steps we intend to take
• explain that we will take notes when you and/or your representative are presenting your information
• explain that we may ask questions to clarify the information you give, and will not cross-examine you or your representative
• explain how we will tell you or your representative the outcome of your objection

We will then ask you, and/or your representative, to make your objection. This is your opportunity to provide us with any information or evidence that you believe we have not previously considered, and/or tell us about any action you have taken since you received the notice telling you about the steps we intend to take. You can ask to take a break at any time.

What happens after I have presented my objection?

If you make your objection in writing

We will review all the information you provide and make a decision.

If you make your objection by telephone or video call

We will end the first part of the call so that we can review our notes to make sure we have recorded each part of your objection. This is also your, and/or your representative’s, opportunity to check that you did not overlook any important point that you wanted to make.

We will call you back after a short time, when we will summarise the main points of your objection. We will ask you to confirm that we have understood your objection correctly. It is at this time that you, and/or your representative, can raise any points that may have been overlooked.

This then ends your part in the objection, and the meeting ends at this point. We will review all the information you provide and make a decision.

If you make your objection in person

We will ask you and/or your representative to leave the room to allow us to review the information. This is so that we can check our notes to make sure that we have correctly recorded each part of your objection. It is also your, and/or your representative’s, opportunity to check that you did not overlook any important point that you wanted to make.

We will invite you and/or your representative back into the room. We will summarise the main points of your objection. We will ask you to confirm that we have understood your objection correctly. It is at this time that you, and/or your representative, can raise any points that may have been overlooked.

This then ends your part in the objection, and you and/or your representative leave at this point. We will review all the information you provide and make a decision.

How will you make your decision?

Before deciding on the outcome, the senior officer will consider all the information contained in the notice of intention, which sets out the steps we are proposing, and will consider the information you provided in your objection. The senior officer will base their decision only on that information. We will either:

• uphold your objection
• not uphold your objection

How will you tell me about the outcome of my objection?

If you make your objection in writing, we will write to you within 10 working days of the date the senior officer arranges to consider all the facts and evidence alongside the information you provide.

If you make your objection by telephone, video call or in person, we will not tell you about our decision on the day we hear your objection. This is to make sure we have time to consider all the facts and evidence alongside the information you provide. We will tell you of our decision as soon as possible after the meeting. We will write to you within 10 working days of the date the objection meeting takes place.

The letter/email will include the senior officer’s decision, together with an explanation of how this was reached.

What does the outcome of my objection mean?

Objection upheld

If you are applying to register with Ofsted and you objected to our intention to refuse your registration, upholding your objection does not mean that you automatically become registered. Instead, we will continue to process your application.

If you are a registered provider and you objected to our intention to cancel your registration, upholding your objection means that you will remain registered with us.

If you are a registered provider and you objected to our intention to add, remove, or vary conditions that apply to your registration, upholding your objection means that the conditions applying to your registration will not change.

If you are a registered provider applying for approval to add additional premises to your registration and you objected to our intention to refuse to approve the premises, upholding your objection does not mean that the premises are automatically approved. Instead, we will continue to process your application.

Objection not upheld

If we decide not to uphold your objection, we will proceed with the steps set out in the notice of intention. We will confirm the steps we will take, and the reasons for them, in a written notice called a notice of decision. This notice may be sent together with the letter telling you the outcome of your objection, or it may be sent separately.

Can I appeal against your decision?

You cannot appeal against the outcome of an objection. If your objection is not upheld and you still disagree with the steps we plan to take, you should wait to receive the notice of decision.

Once you receive a notice of decision, you have the right to appeal against that decision to an independent organisation. Information on the appeal process can be found in our guidance How to appeal: guidance for childcare providers. We will also include information on the appeal process in the notice of decision.