Matthew Howarth Secures Significant Victory for Ofsted in Children’s Home Cancellation Case
Matthew Howarth, instructed by Ofsted Legal Services, has successfully represented the Office for Standards in Education, Children’s Services and Skills (Ofsted) in a complex children’s home registration appeal.
The First-tier Tribunal dismissed appeals by Call4Care Services Ltd and Norman Zisengwe against Ofsted’s decisions to cancel their registrations as provider and manager of Solomon’s House children’s home in Northampton.
Case Significance
This case represents a landmark decision in children’s social care regulation, highlighting Ofsted’s crucial role in safeguarding vulnerable children in residential settings. The judgment delivered on March 28, 2025, following a five-day hearing, sets important precedents regarding:
The operation of unregistered children’s homes
Standards of evidence and disclosure in regulatory proceedings
The meaning of “fit and proper person” in regulatory contexts
The paramountcy of children’s welfare in regulatory decision-making
The Tribunal found that the Appellants had operated multiple unregistered homes, with local authorities paying between £5,000-£10,000 weekly for placements.
The judgment described care at the home as “at best, perfunctory and, at worst, neglectful.”
Key Findings
Following cross-examination of the Appellants’ witnesses, the Tribunal determined that:
The Appellant had “back-handed” a child in his care during a November 2023 incident
The Appellants failed to produce basic care records despite repeated requests
Staff showed “indifferent” attitudes toward children in their care
Children were subjected to “punitive care practices” with doors locked and areas restricted
The Home operated with “no proper care plans or risk assessments in place”
Proper notification procedures for serious incidents were not followed
Particularly damning was the Tribunal’s finding that “Mr. Zisengwe has no respect for the standards of care, or for the needs of very vulnerable children, or for the regulatory process” and that his evidence was “dishonest and manipulative.”
The judgment establishes important principles regarding the inability of conditions toremedy fundamental unfitness in registered providers, with the Tribunal concluding that”no conditions could be possibly devised or realistically imposed that would adequately address the significant risk to the safety and well-being of children.”
This case underscores the vital importance of proper regulation in ensuring vulnerable children receive appropriate care and protection, and demonstrates Ofsted’s commitment to maintaining high standards in children’s social care.
A link to the judgment is available here.
For more information, or to instruct Matthew Howarth, please contact Chambers Civil & Regulatory Senior Clerk, Ty Price.