Stringer v OFSTED [2003] EWCST 166(EY) (11 July 2003)

Stringer v OFSTED [2003] EWCST 166(EY) (11 July 2003)

The Tribunal held that the discretion under National Standard 2.2 to allow more than one child under one year is limited to consideration of siblings, and Ofsted exercised its discretion reasonably in refusing the appellant's request. The appellant's qualifications and demand did not override the standard's intent.

Source-derived case information.

Citation
[2003] EWCST 166
Parties
Appellant: Lisa Jane Stringer; Respondent: OFSTED
Jurisdiction
England and Wales
Judgment Date
11 July 2003
Procedural Posture
Appeal / Final Decision
Outcome
appeal dismissed
Legal Topics
Variation of Childminder Registration, Discretion Under National Standards, Exceptions for Siblings, Regulatory Compliance
Administrative Law Childcare Law Variation of Childminder Registration Discretion Under National Standards Exceptions for Siblings Regulatory Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lisa Jane Stringer

Appellant

OFSTED

Respondent

Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 Whether Ofsted's refusal to vary the appellant's childminding registration to allow care for two children under one year was reasonable under the National Standards

Ratio Decidendi

The Tribunal held that the discretion under National Standard 2.2 to allow more than one child under one year is limited to consideration of siblings, and Ofsted exercised its discretion reasonably in refusing the appellant's request. The appellant's qualifications and demand did not override the standard's intent.

Court Disposition

appeal dismissed

Orders

  • The decision of Ofsted not to vary the appellant's condition of registration is confirmed.