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England and Wales Case Law

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Childcare regulation

Marcia Janice Steele v Ofsted

The evidence demonstrates grave concerns about the appellant's judgment and ability to safeguard children, particularly her failure to prevent children being present during a scheduled eviction and her actions to delay enforcement using children. The threshold for suspension under regulation 9 is met, and the suspension decision is necessary, justified, and proportionate pending further investigation.

  • Suspension of registration
  • Risk assessment
  • Proportionality
  • Public interest
  • Safeguarding children
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Administrative law

B v Ofsted

The Tribunal dismissed Mrs B’s appeal against Ofsted’s cancellation of her childminder registration, finding repeated non-notification, safeguarding failings, and unsuitability.

  • Suitability for childminding registration
  • Safeguarding obligations
  • Notification of significant events
  • Proportionality of regulatory action
  • Disability discrimination
  • Article 8 echr (private/family life)
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Childcare regulation

B v Ofsted

Appeal dismissed. The Tribunal upheld Ofsted’s cancellation of a childminder’s registration after repeated failures to notify significant events and assess safeguarding risk.

  • Cancellation of registration
  • Suitability of childminder
  • Notification of significant events
  • Risk assessment
  • Proportionality
  • Disability discrimination
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Administrative law

Olusola Ogundele v Ofsted

The tribunal upheld Ofsted’s cancellation of a childminder’s registration after finding repeated inspection non-engagement, no valid PFAC for a long period, and no completed HDF.

  • Suitability for registration
  • Inspection compliance
  • Paediatric first aid certificate
  • Health declaration form
  • Deferral process
  • Proportionality of cancellation
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Childcare regulation

Marcia Janice Steele v Ofsted

The appellant is unsuitable to be registered as a childminder due to repeated dishonesty, lack of insight, failure to safeguard children, improper risk assessment, inability to work constructively with regulatory bodies, and conduct likely to bring the profession into disrepute. The respondent proved its case to the requisite standard.

  • Childminder registration
  • Suitability assessment
  • Safeguarding
  • Dishonesty
  • Risk assessment
  • Professional conduct
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Childcare regulation

S Dos Santos v Ofsted

Mrs Dos Santos failed to demonstrate understanding of safeguarding risks, failed to communicate honestly with Ofsted, unlawfully provided childcare while disqualified, and lacked sufficient safeguarding knowledge. Ofsted's refusal to grant a waiver was necessary and proportionate.

  • Disqualification by association
  • Waiver of disqualification
  • Safeguarding
  • Regulatory compliance
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Administrative law

M v Ofsted

The appellant is not suitable to be registered as a childminder due to repeated safeguarding failures, lack of candour and honesty with the regulator, and an inadequate response to a serious safeguarding allegation. The decision to cancel registration was lawful, necessary, and proportionate to protect children and public confidence. The appellant's conduct demonstrated a lack of understanding of safeguarding and an unwillingness to accept responsibility, justifying cancellation under the statutory framework.

  • Suitability of childcare provider
  • Safeguarding children
  • Statutory framework compliance
  • Proportionality of regulatory action
  • Notification requirements
  • Honesty and integrity in regulatory context
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Childcare regulation

Emma Jayne Duffield v Ofsted

A reasonable person, knowing the law and facts, would believe that continued provision of childcare by the Appellant may expose a child to a risk of harm due to Mr Cox’s excessive alcohol consumption, alleged violent behaviour, and the Appellant’s lack of understanding and reporting of risks.

  • Suspension of registration
  • Risk of harm
  • Childminder suitability
  • Burden and standard of proof
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Administrative law [2013] EWHC 1157 (Admin)

Cambridge Associates In Management v Her Majesty's Inspector of Schools In England (Ofsted)

Cambridge Associates In Management v Her Majesty's Inspector of Schools In England (Ofsted) [2013] EWHC 1157 (Admin) (09 May 2013)

The High Court upheld Ofsted’s Notice to Improve and publication decision, finding the regulatory response to a brief childcare supervision lapse lawful and proportionate.

  • Welfare requirements in childcare
  • Ofsted regulatory powers
  • Judicial review of regulatory action
  • Publication of regulatory decisions
  • Proportionality in administrative action
  • Judicial-review
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.