Laura Herbert successfully objects to Ofsted Notice of Intention to Cancel for Nursery provider.

Ofsted sought to cancel the registration under s.73 Childcare Act 2006 (‘NOI’) for the 6 registered sites run by the provider because of concerns regarding the providers ability to meet safeguarding needs; and due to concerns about the suitability of the owners to run the settings because of hostility towards Ofsted inspectors and an unwillingness to cooperate.

Laura drafted objections in response to the NOI submitting that there was additional evidence that has not been previously considered and actions taken since the receipt of the notice that meant that a decision to cancel was not necessary and proportionate in the circumstances focussing on the fact that:

• The provider had previously worked professionally and willingly with Ofsted as demonstrated by the ‘Good’ ratings at all 6 sites up until 2023, there has been at least 6 years of good working history
• The provider had put in place measures in relation to safeguarding for all the staff and management which ensured they have the ability to safeguarding children within the settings appropriately
• The provider had arranged specialist training with the Council on LADO and its processes to ensure no further issues arise from this area
• There had not been harm caused to any child within any of their settings

Laura attended the objection meeting with Ofsted and the provider and made oral submissions that to remove the registration would be disproportionate and unnecessary given the responses of the provider, and arguing that Ofsted should working with them to improve their settings, where necessary and this would be the proportionate response to achieve the joint aims of both Ofsted and the provider to put children’s interests and safety first.

Laura highlighted that Ofsted recognised in their guidance that their visits had the potential to heighten stress and cause anxiety to the provider, and that the series of unannounced visits had impacted the providers ability to respond as objectively as they may have wished. Importantly she highlighted that the provider had built the successful business over many years and had provided safe and effective care and when Ofsted indicated they would issue an NOI which would close the company risking 50 jobs and affecting over 200 local families that the response by the provider was a result of the huge worry for all those who would be affected by any closure.

Following the meeting Ofsted upheld the objections based on the information provided in writing and presented by Laura. 

Laura was instructed by Katie Wilson at Markel Law.