Schedule 12: OFCOM’s powers of entry, inspection and audit Provisional notices and confirmation decisions Section 134: Confirmation decisions: risk assessments
This section applies where OFCOM have found that a regulated provider has failed to carry out an illegal content or children’s risk assessment properly or at all; and have identified a risk of serious harm which the regulated provider is not effectively mitigating or managing.
	In such cases OFCOM can require the regulated provider to comply with the parts of its illegal content safety duties or children’s safety duties that require the provider to mitigate and manage that risk of harm as if it had been identified in the relevant risk assessment. The intention is that the provider will be required to mitigate the risk that OFCOM have identified despite the provider itself not having identified the risk in its risk assessment. OFCOM will specify the date by which the regulated provider must take or use measures to comply with the duty in question.
	The requirement to take these measures will apply until the regulated provider has fully complied with the relevant risk assessment duties.