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Enforcement action

As a follow-up to our earlier blog regarding the Improvement Notice issued by the Care Inspectorate, here is an FOI submitted on 25th July.

Why is it taking so long for the Inspectorate to work out how to respond?

A key issue will be that because this is a legal matter, the inspectorate’s legal team are bound by their own professional standards (i.e. those set by the Law Society or equivalent) and not the ‘standards’ of the inspectorate itself (if any exist).

“I represent the former staff and parents of the New School, Butterstone which was served with an improvement notice in November 2018.

Mindful of the Care Inspectorate’s obligation viz;

  • Transparency

  • Accountability

  • Proportionality

  • Consistency

  • Targeting

I would like information to determine whether or not that enforcement action was legal under the terms of the Public Services Reform Act (2010) and in particular, Section 62.

“Where informal enforcement has not succeeded in bringing about improvement or where the circumstances suggest that the formal enforcement is a necessary first step, consideration can be given to using our powers of enforcement under the Act.”

  1. Please indicate what informal enforcement action was taken prior to the issuing of an improvement notice

  2. Please indicate the severity of need that could justify enforcement as a ‘necessary first step’

Where there is a serious breach of regulations or conditions of registration, which is leading to poor outcomes the service users, such as to justify cancellation of registration, the service provider may be served with an improvement notice, under section 62 of the Act.

  1. Please indicate what regulation was breached to justify the improvement notice

  2. Please indicate why this was considered as a ‘serious breach’

  3. Please provide examples of the ‘poor outcomes’ that pupils at the school demonstrated to justify the improvement notice

  4. Please indicate why cancellation of the service could be considered as an appropriate option

Yours sincerely”,


Bill Colley