Guide · For tutors, centres and groups
What happens if a provider ignores a council request?
Once the duty is in force, a council can impose a monetary penalty on a provider who does not answer a notice or who gives incorrect information. The amount has not been set. You get a warning, a chance to respond and a right of appeal before you pay anything.
Last checked 10 November 2026. This is general information, not legal advice.
Nothing can happen yet
The duty is not in force. When it starts, there is a grace period: no penalty can be imposed for a notice served in the first three months.
The steps
1. The notice. The council asks for information and gives you at least 15 days.
2. The warning notice. If the council is satisfied you did not comply, or gave incorrect information, it must first send a warning. This sets out its reasons, the amount, and your right to respond.
3. Your representations. You have 14 days to respond. If you tell the council within those 14 days that you intend to respond, you get 28.
4. The decision. The council decides whether to go ahead. If it decides not to, it must tell you.
5. The penalty notice. This states the reasons, the amount, how to pay, the deadline and your appeal rights. The deadline must be at least 28 days away. The council can withdraw the notice.
6. Appeal. You can appeal to the First-tier Tribunal. The grounds are an error of fact, an error of law, or that the decision was unreasonable. The Tribunal can cancel, confirm or reduce the penalty. You do not pay while the appeal is running.
If you pay late
The amount goes up by a percentage that regulations will set. An unpaid penalty can be recovered through the County Court.
How much will it be?
Regulations will set the amount. No figure has been published.
Is it a criminal offence?
The provider penalty is a civil monetary penalty, with an appeal to a tribunal. That is different from the separate rules on running an unregistered school, which can involve criminal offences.
The simplest way to avoid all of this
Reply to every notice, even if only to say you are not in scope and why. Keep a dated copy. Penalties are for silence and for wrong answers.