MS v Ofsted [2012] UKFTT 368 (HESC) (18 June 2012)

MS v Ofsted [2012] UKFTT 368 (HESC) (18 June 2012)

The Tribunal found that, based on the anonymous complaint, previous concerns, and inconsistencies in the appellant's information, there was reasonable cause to believe that continued provision of childcare by the appellant may expose a child to a risk of harm. The statutory test for suspension was met at the date of the decision and at the hearing.

Citation
[2012] UKFTT 368 (HESC)
Parties
Appellant: MS; Respondent: Ofsted
Jurisdiction
United Kingdom
Judgment Date
18 June 2012
Procedural Posture
Appeal / Final Decision
Outcome
appeal dismissed
Legal Topics
Suspension of Registration, Child Protection, Regulatory Compliance, Appeals Process
Childcare Law Administrative Law Suspension of Registration Child Protection Regulatory Compliance Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

MS

Appellant

Ofsted

Respondent

Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 Whether the suspension of the appellant's registration as a childminder was justified under Regulation 12 of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008
  2. 2 Whether there was reasonable cause to believe that continued provision of childcare by the appellant may expose a child to a risk of harm

Ratio Decidendi

The Tribunal found that, based on the anonymous complaint, previous concerns, and inconsistencies in the appellant's information, there was reasonable cause to believe that continued provision of childcare by the appellant may expose a child to a risk of harm. The statutory test for suspension was met at the date of the decision and at the hearing.

Court Disposition

appeal dismissed

Orders

  • The appeal against interim suspension is dismissed.
  • A restricted reporting order is made prohibiting disclosure or publication of information likely to identify the appellant or her family.