AM v Ofsted [2010] UKFTT 556 (HESC) (22 November 2010)

AM v Ofsted [2010] UKFTT 556 (HESC) (22 November 2010)

The Appellant was automatically disqualified from registration as a childminder due to living with her husband, a disqualified person by virtue of his conviction for wounding with intent. Ofsted's refusal to waive the disqualification was lawful given the pattern of offending and lack of evidence of rehabilitation. The Appellant's failure to disclose aliases and convictions constituted a lack of candour and undermined her suitability for registration. The appeals against cancellation and refusal to waive disqualification were dismissed.

Citation
[2010] UKFTT 556 (HESC)
Parties
Appellant: AM; Respondent: Ofsted
Jurisdiction
United Kingdom
Judgment Date
22 November 2010
Procedural Posture
Childcare Registration/disqualification Appeal / Final Judgment After Consolidated Hearing
Outcome
Appeals dismissed; Ofsted's decisions confirmed.
Legal Topics
Disqualification From Registration, Waiver of Disqualification, Disclosure Requirements, Suitability for Childminding, Safeguarding Children
Childcare Law Administrative Law Safeguarding Disqualification From Registration Waiver of Disqualification Disclosure Requirements Suitability for Childminding Safeguarding Children

Case Brief

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Parties

AM

Appellant

Ofsted

Respondent

Procedural Posture

Childcare Registration/disqualification Appeal / Final Judgment After Consolidated Hearing

Legal Issues

  1. 1 Whether Mr AM was part of the Appellant's household and thus caused automatic disqualification
  2. 2 Whether Ofsted's refusal to waive Mr AM's disqualification was lawful
  3. 3 Whether the Appellant's failure to disclose aliases and convictions rendered her unsuitable for registration

Ratio Decidendi

The Appellant was automatically disqualified from registration as a childminder due to living with her husband, a disqualified person by virtue of his conviction for wounding with intent. Ofsted's refusal to waive the disqualification was lawful given the pattern of offending and lack of evidence of rehabilitation. The Appellant's failure to disclose aliases and convictions constituted a lack of candour and undermined her suitability for registration. The appeals against cancellation and refusal to waive disqualification were dismissed.

Court Disposition

Appeals dismissed; Ofsted's decisions confirmed.

Orders

  • Registration as childminder cancelled.
  • Refusal to waive disqualification upheld.