Care Inspectorate stalling - we wonder why?
On 2nd November 2018, the Care Inspectorate indicated that they would be taking enforcement action against TNS. That was the same day that the school had been cleared of any wrongdoing and when an independent police investigation had confirmed that ‘nothing had happened at the school’.
We wrote to the Care Inspectorate on 25th July:
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.”
Please indicate what informal enforcement action was taken prior to the issuing of an improvement notice
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.
Please indicate what regulation was “seriously” breached to justify the improvement notice
Please indicate why this was considered as a ‘serious breach’
Please provide examples of the ‘poor outcomes’ that pupils at the school demonstrated to justify the improvement notice
Please indicate why cancellation of the service could be considered as an appropriate option