Two FTT decisions consider the above : Little Oaks Grimsby Ltd v Ofsted (2024) UKFTT 889 in England and Pleasant Valley Care Ltd v Welsh Ministers (2024) UK FTT 911 in Wales.

In the English case the appeal to the FTT was against Ofsted’s decision to suspend the registration to provide childcare at Little Oaks Nursery. The right of appeal was under Regulation 12 of 2008 Childcare Regulations, pursuant to Section 69 of the Childcare Act 2006. The applicable test is set out in Regulation, by reference to “ risk of harm “ as defined in Regulation 13, and for a duration in accordance with Regulations 10 and 11. The burden of satisfying the threshold test under Regulation 9 and of justifying the decision in terms of a legitimate public interest objective and proportionality is upon the Respondent. The standard of proof is “ reasonable cause to believe”. That falls somewhere between balance of probability and reasonable cause to suspect. The contemplated  risk must be one of significant harm.

In the Welsh case the appeal was under Section 26 of the Regulation and Inspection of Social Care (Wales) Act 2016. It was against cancellation of registration as a domiciliary care provider in respect of the regulated activity of personal care. Section 4 of the Act sets out the general objectives of the statutory scheme. Sections 14 and 15 relate to cancellation of registration, and sections 16 and 17 to improvement notices. The Tribunal determines the issue afresh as of the time of the appeal. It makes findings of fact about breaches of relevant requirements and decides whether cancellation of registration is a proportionate and necessary step.