Making a Complaint or Enquiry to Ofsted: A Step-by-Step Guide

Ofsted is both the regulator and the inspector of registered childcare in England. As a regulator, it has powers to receive complaints from members of the public about registered providers, to investigate potential breaches of the EYFS or Childcare Register requirements and to take enforcement action where necessary. As an inspector, it conducts planned inspection visits to assess overall quality. These are distinct functions (a complaint to Ofsted does not automatically trigger an inspection) but they inform each other: information received through complaints contributes to Ofsted’s intelligence picture about a provider and may influence when and how the provider is inspected.

Understanding how to make a complaint or enquiry to Ofsted (when it is appropriate, what Ofsted can and cannot do, and what to expect) is important for any parent who has a serious concern about a registered childcare setting that cannot be resolved through the setting’s own complaints process.

When to Contact Ofsted

Ofsted is the appropriate body to contact when:

• you have a concern that relates to the safety or welfare of children in a registered setting
• you believe the setting is not meeting its EYFS or Childcare Register requirements
• you have raised a concern directly with the setting and it has not been resolved
• or you have concerns about the fitness of the registered provider or staff to work with children. Ofsted should also be contacted if you are unsure whether a setting is properly registered –
• you can check registration status on the Ofsted register at reports.ofsted.gov.uk

Ofsted is not the appropriate body for every concern about childcare. Disagreements about fees, policies, specific incidents that do not raise regulatory concerns or general dissatisfaction with a setting should go to the setting’s own complaints procedure in the first instance. Ofsted will assess whether your concern raises a regulatory issue; if it does not, it may refer you back to the setting or to another body.

How to Make a Complaint to Ofsted

Complaints to Ofsted about registered childcare can be made online through the Ofsted website (ofsted.gov.uk – click “Share a concern”) or by telephone on 0300 123 1231, Monday to Friday between 8am and 6pm. When making a complaint, you will be asked to: describe your concern in detail; provide the name and address of the setting; explain what you have already done (if anything) to raise the concern with the setting; and provide your own contact details (though complaints can be made anonymously, though this limits Ofsted’s ability to follow up with you).

Ofsted will acknowledge your complaint and will assess whether it raises regulatory concerns. The triage process considers the seriousness of the concern, whether it is within Ofsted’s remit and what action is appropriate. You will receive a response, though the detail of what action Ofsted takes (including whether it inspects the setting) may not be shared with you, as this is operational information that Ofsted is not required to disclose.

Safeguarding Concerns: Act Immediately

If you believe a child is at immediate risk of harm (whether from a practitioner at the setting, from another family member, or from any other source) you should call 999. If you believe a child may be suffering harm but is not in immediate danger, you should contact your local authority’s children’s services (the MASH in most areas) and, separately, report your concern to Ofsted. You do not need to wait for the setting’s complaints process or for Ofsted’s acknowledgement before taking action if you believe a child is at risk.

Settings themselves have a legal duty to report safeguarding concerns to children’s services and, where relevant, to Ofsted. If you believe a setting is aware of safeguarding concerns but is not reporting them, this itself is a serious concern that should be raised with Ofsted and, where appropriate, with the local authority’s MASH or the police.

What Ofsted Can and Cannot Do

Ofsted has significant enforcement powers:

• it can issue welfare requirements notices
• impose additional conditions on a registration
• cancel a registration
• prosecute providers for operating unregistered childcare. However, there are important limitations on what Ofsted can do in response to an individual complaint. It cannot: award compensation to a family
• make a provider apologise
• determine that a specific incident happened in the way a complainant describes
• or mediate between a parent and a setting in a commercial or contractual dispute

What Ofsted can do is investigate whether a provider is meeting its regulatory obligations, take enforcement action where it is not and provide the public with information about the outcome of inspection visits through published reports. Its powers are regulatory and public-interest oriented rather than personal and compensatory. If you are seeking an apology, financial redress or a specific admission of fault, the setting’s complaints procedure, mediation, the LGSCO (for local authority settings) or civil litigation are more appropriate routes.

The Ofsted Complaints Process About Ofsted Itself

If you are dissatisfied with how Ofsted has handled your complaint about a childcare setting (for example, if you believe they have not taken your concern seriously or have handled the matter poorly) Ofsted has its own internal complaints process, which is described on the Ofsted website. If you remain dissatisfied after the internal process, you can refer your complaint to the Parliamentary and Health Service Ombudsman (PHSO), which has oversight of public bodies including Ofsted.

It is also worth noting that inspectors are required to consider intelligence from complaints when planning and conducting inspections. If your complaint contributes to a pattern of concerns about a provider, it may influence the timing and focus of the next inspection, even if you are not directly informed of this. Making a well-evidenced complaint to Ofsted is a legitimate and potentially important act of public-spirited engagement with the regulatory system.