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Setting wins court ruling against 新澳门六合彩官网开奖
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Oct 31, 2016Old Co-operative Day Nursery in Gotham, Nottinghamshire, has won a court case against governing body 新澳门六合彩官网开奖 for the downgrading of its setting from 鈥榦utstanding鈥 to 鈥榠nadequate鈥.
In what is thought to be the first judicial review win by an early years setting, a high court judge has ruled that the downgrading was unlawful, and has ordered for it to be deleted.
新澳门六合彩官网开奖 inspected the nursery following a complaint from a member of the public that a child was momentarily in the road during a staff-supervised walk.
Complaint-triggered inspections are supposed to consider the setting as a whole rather than judge the complaint, and under the Childcare Act 2006, 新澳门六合彩官网开奖 does not have the power to carry out investigations.
Mr Justice Peter Coulson said that 新澳门六合彩官网开奖 inspector Joanne Gray had acted beyond her powers by conducting an investigation into the complaint, particularly given that the facts were in dispute.
The judge said that Joanne had 鈥渄isregarded the terms of the complaint, the contemporaneous written evidence and what she was told by the owner, all in favour of her own view鈥 of what happened.
He further claimed that Joanne had made 鈥渋rrational conclusions鈥 about the incident.
Joanne claimed that there were only two staff supervising the children鈥檚 walk, while evidence strongly suggested that there were three. Her report also wrongly stated that the child had been pushed.
The setting had its rating restored to 鈥榦utstanding鈥 five months after Joanne鈥檚 inspection, but the report had remained on 新澳门六合彩官网开奖鈥檚 website until now.
Charlotte Harris, owner and manager of the setting, told Nursery World that she was happy with the judicial review and thanked those that supported them.
鈥淭he report was eventually removed, but the loss of potential clients and the adverse effect on staff morale was inevitable,鈥 Charlotte said.
鈥淲e now go forward with our confirmed 鈥榦utstanding鈥 status and in anticipation of maintaining our high standard and commitment to our children and parents.鈥