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The department has also drawn criticism for its flawed inspection practices.
Judge Fry wrote that to rule against a home based on a flawed inspection report "would send the message that it is acceptable for the department to decline to comply with the regulations that apply to itself, but it is not acceptable for a facility to fail to comply in full with those portions of the regulations that apply to it".
The chief inspector rejected suggestions that the sudden changes in grades showed a flawed inspection system - arguing that schools could go into sudden decline.
Ofsted's reply was to point us to its most recent annual report, which lists 27 flawed inspection incidents arising after a complaint from a school or member of the public in 2013-14.
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At least two of these seem to have been officially categorised by Ofsted as "flawed inspections".
The inspectorate says it does not routinely collect comprehensive data on these flawed inspections and to provide it to us would be too expensive.
The State Health Department has not formally dropped the remaining cases, but Jeffrey J. Sherrin, a lawyer who represents many adult home operators and who brought the two cases challenging the flawed inspections, said it had no choice.
"And how is it possible that any of our witnesses could have relied on such flawed inspections?" The committee contrasted the baking institute's audit with one conducted by an inspector for Nestlé that found dozens of dead mice, a situation the auditor called "unacceptable".
Blame abounds over a flawed foreclosure review.
Bad in theory, bad on the stats, at least on a superficial inspection, and flawed, no doubt – but for those who went to one, they represented a ladder of opportunity which has since disappeared.
Both of those agencies were faulted by government investigators for lax inspections and flawed management practices at the plant.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com