Care Standards Tribunal, 2025-03-28 (CALL4CARE SERVICES Ltd (1) NORMAN ZISENGWE (2) v OFSTED)
| Jurisdiction | United Kingdom |
| Court | Care Standards Tribunal |
| Neutral Citation | [2025] UKFTT 00369 (HESC) |
| Date | 28 March 2025 |
| Registration Number | 2024/01065/EY |
1
Neutral Citation Number: [2025] UKFTT 00369 (HESC)
First-tier Tribunal Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
CALL4CARE SERVICES Ltd (1)
NORMAN ZISENGWE (2) Appellants
v
OFSTED Respondent
2024-01065.EY
BEFORE
Judge Siobhan Goodrich
Specialist Member Mrs Lorna Jacobs
Specialist Member Ms Heather Reid
On 10, 11, 12, 13 and 14 February 2025
At the Royal Courts of Justice
And on 27 February 2025 via video link for closing submissions
And on 28 February and 27 March 2025 for panel deliberations
Representation
For the Respondent: Mr Matthew Howarth, counsel, instructed by Ofsted Legal
Services
For the Appellant: Mrs Louise Hartley, counsel, instructed by Stephensons Solicitors
LLP
DECISION AND REASONS
The Appeals
1. The Appellants appeal against the decisions made by the Respondent of 29
January 2024:
i. to cancel the company’s registration to carry on as the provider of the
children’s home, Solomon’s House (“the Home”) whose registered
address is 26 Five Acres Fold, Northampton, NN4 8TQ.
ii. to cancel the Second Appellant’s registration as the registered manager
at the Home.
2
2. The Respondent is the Office for Standards in Education, Children’s Services
and Skills (Ofsted) and is the statutory body responsible for the registration and
regulation of children’s homes. Amongst other matters, Ofsted’s role is to
establish whether the person or entity registered continues to meet the
regulations made pursuant the Care Standards Act 2000 (“the Act”).
3. The Respondent’s reason regarding both of the decisions under appeal are
essentially the same and so therefore the appeals has been consolidated at the
request of the parties.
4. We received indexed and paginated main bundles (1133 pages pdf) as well as
the supplementary bundle (877 pages pdf). These included the witness
statements, exhibits and other documents which the parties provided pursuant
to case management directions regarding the exchange of evidence. In
preparation we focussed our attention on the key documents drawn to our
attention by the parties. We had also received and read the parties’ skeleton
arguments.
Restricted Reporting Order
5. The Tribunal made a restricted reporting order under Rule 14(1) (a) and (b) of
the 2008 Rules, prohibiting the disclosure or publication of any documents or
matters likely to lead members of the public to identify the children to whom
reference had been or might be made. In this decision we will anonymise
names by using initials to protect the interests of young children. We will also
refer to the names of staff who have not given written or oral evidence, and
about whom unfavourable observations have been/might be made by first
names only.
Background
6. This appears to be as follows:
a. The Home was first registered as a children’s home on 3 August 2023.
It is relevant to note that it was known to the Respondent that the Home
had been operating whilst unregistered. Children were in the home at
the time of the inspection for registration. There was a safeguarding
matter that arose during the inspection that resulted in advice from the
Registration inspector.
b. The registration granted permitted the Appellant to provide care and
accommodation at the Home for up to two children. The categories of
care and accommodation were (and remain) for children with:
• emotional and/or behavioural difficulties (EBD)
• learning disabilities (LD)
c. At the time of registration the Appellant company had two directors: Mrs
Susan Zisengwe and Mr Norman Zisengwe, who are husband and wife.
The Registration certificate issued reflected that Mrs Zisengwe was the
responsible individual (“the RI”). Mr Zisengwe was the registered
manager (“the RM”).
3
d. On 5 and 6 December 2023 the Respondent carried out an inspection
following the notification of an allegation that the Second Appellant had
assaulted a child on 26 November 2023. The allegation was the subject
of a Local Authority Designated Officer (“LADO”) investigation which was
ongoing. The outcome of the inspection was a judgement of
“inadequate”. Twenty-five statutory requirements were issued in relation
to alleged breaches of the Regulations.
e. On 6 December 2023 pursuant to section 22B of the Act the Respondent
issued a notice of restriction of accommodation at the Home due to
safeguarding concerns. The effect of that restriction was effectively to
prevent any child being accommodated at the Home.
f. On 15 December 2023 the Respondent issued Notices of Proposal
(NOPs) to cancel the First Appellant’s registration as provider and the
Second Appellant’s registration as manager at the Home.
g. On 8 January 2024 the Appellants submitted joint written
representations in response to the NOPs. Having considered the
representations made, the Respondent made the decisions to cancel
registrations on 29 January 2024. The Appellants lodged their appeals
on 28 February 2024.
h. In a form submitted on 2 April 2024 Ofsted was informed by Mrs
Zisengwe that she had stepped down as the RI on 9 February 2024 and
that Mr Gangaidzo became the RI on that same date. In April 2024 Mr
Zisengwe applied to Ofsted to voluntarily cancel his registration as RM
at the Home. This was rejected by the Respondent because the decision
to cancel his registration had already been made.
i. At some stage the Respondent received an SC3 form advising that Mr
Gangaidzo had been appointed by the First Appellant as the RI for the
home. This was reflected in the (amended) certificate of registration
which was issued by the Respondent on 25 April 2024. We have been
told that this certificate was issued as the result an administrative error.
For our purposes this is not key because it was overtaken by events. On
5 August 2024 the Respondent conducted a Fit Person interview of Mr
Gangaidzo and, on 14 October 2024, assessed that he was “suitable” to
be the RI for the Home.
j. The restriction of accommodation at the Home first imposed on 6
December 2023 has been extended at regular intervals and continues
to date. Monitoring visits have been conducted by Ofsted as follows: 20
December 2023, 30 January 2024, 16 April 2024; 21 May 2024, 30
October 2024; 14 January 2025.
k. Termination of the appointment of Mrs Susan Zisengwe as a Director
was formally accepted by Companies House on 17 November 2024.
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