Care Standards Tribunal, 2020-01-20 (New Generation Nursery Limited v Ofsted)
| Jurisdiction | United Kingdom |
| Neutral Citation | [2020] UKFTT 0010 (HESC) |
| Registration Number | 2018/3424/EY |
| Date | 20 January 2020 |
| Court | Care Standards Tribunal |
NCN: [2020] UKFTT 0010 (HESC)
1
Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
[2018] 3424.EY
Hearing held on 28 October – 01 November 2019 at Royal Courts of Justice, Stand,
London WC2A 2LL
BEFORE
Monica Daley (Tribunal Judge)
Ms Sallie Prewett (Specialist Member)
Ms Jenny Cross (Specialist Member)
BETWEEN:
New Generation Nursery Limited Appellant
-v-
Ofsted Respondent
DECISION
The Application
1. This is an appeal by New Generation Limited against the decision made by
Ofsted on 24 July 2018, pursuant to Section 68 of the Childcare Act 2006. It
was a decision to cancel the company’s registration to provide childcare at its
three settings: New Generation, Lovelace Street, London E8 4FF, The Linden
Nursery School Byfleet Cricket Pavilion, KT14 7AB, and New Generation,
Priestman Point, 23 Rainhall Way E3 3EY. All of the settings are part of a single
registration.
Late Evidence
2. The Tribunal was provided with medical certificates for witnesses who had been
unable to attend the hearing for reasons of ill health. There was no objection to
these certificates being provided, and we decided to accept these certificates.
Representation
3. The Appellant, Company was represented by Ms Chichi Ikenga and Mrs Linda
Ikenga who are Directors of New Generation Nursery Limited; they appeared
in persons, in their capacity as directors. Unless their individual evidence is
being specifically referred to, they are collectively referred to as “The
NCN: [2020] UKFTT 0010 (HESC)
2
Appellants”.
4. The Respondent was represented by Mr Duncan Toole Solicitor for Ofsted.
Attendance
5. We heard oral evidence in the following order from the Respondents:
a. Natalia Moroz
b. Elizabeth Mackey
c. Sarah Stephens
d. Liz Corr
e. Ivor Kallin
f. Julia Crowley
g. Jennifer Devine
h. Pauline Nazarkardeh
6. We heard from Mrs Linda Ikenga and Ms Chichi Ikenga in their capacity as
directors, and as witnesses of fact.
The Parties
7. The Appellant (“The Appellants”) is a private limited company incorporated on
16 April 2003. The Company has three Directors, Mrs Linda Ikenga, Mr
Benjamin Ikenga and Ms Chibuzo (Chichi) Ikenga. Where the Directors give
evidence, we have referred to them by their name. Mrs Linda Ikenga is the
Nominated Individual.
8. The Appellants at the time were registered with Ofsted as a provider of
childcare at three separate settings: Hackney-Nursery, registered in 2003
which transferred premises to 84 Lovelace Street Hackney in 2014 (“The
Lovelace Setting”) and Bow, Priestman Point 28 Rain hill Way, London E3 3EY
(“Priestman Point Setting”) and The Linden Nursery School, Byfleet, Cricket
Pavilion, Parvis Road, Byfleet, West Byfleet, KT14 7AB (“Linden Setting”). All
three setting were registered under a single registration in 2011.
9. The Respondent is the Office for Standards in Education, Children’s Services
and Skills (Ofsted) and is the regulatory authority for childminding and childcare
providers. Once a provider has been registered, Ofsted’s role is to establish
whether the person or entity registered continues to meet the requirements for
registration, under the Regulations made pursuant to the Childcare Act 2006,
and remains suitable for registration.
Restricted Reporting Order
10. The Tribunal makes a restricted reporting order under Rule 14(1) (a) and (b) of
the 2008 Rules, prohibiting the disclosure or publication of any documents or
matters likely to lead members of the public to identify the children to whom
reference will be made so as to protect their interests. Consistent with this, the
names of children and their mothers have been anonymised in this decision.
We have used the generic term member of staff (“MOS”) to refer to the
Appellants’ staff.
The Background
NCN: [2020] UKFTT 0010 (HESC)
3
i. The Hackney Nursery (Lovelace Setting)
11. New Generation Nursery Limited and Mrs Linda Ikenga were registered with
Ofsted in 2003 in respect of a nursery setting which is now at the Lovelace
Street. Between, 2003-2013 the nursery occupied different premises (now
demolished). The Nursery moved to its current setting at 8A Lovelace Street in
Hackney 2014. At that time the current registration was created.
12. In 2014, the setting was graded as Good.
13. However, the last 5 inspections carried out on 16 August 2017, 8 February
2018, 23 August 2018, 12 February 2019 and 15 July 2019 the setting has been
rated Inadequate. Notices to Improve and or Welfare Requirement Needs
(“WRNs”) have been served on the Appellants.
14. Amongst the non-compliant (non-exhaustive) areas consistently highlighted as
requiring improvement were:
• Safety and supervision of children;
• staff training and records;
• supervision and monitoring
• recruitment procedures
• qualification of staff, and assessment,
• planning and quality of teaching,
• partnership with parents,
• Key person and deployment.
• planning and quality of teaching
i. Bow Nursery (Priestman Point)
15. The setting opened in December 2011 at Priestman Point, 28 Rain hill Way,
London E3 3EY. Since the inception of the nursery it was managed by Ms
Chichi Ikenga, the nominated individual’s daughter and one of the directors of
the company. The nursery was registered on the Early Years Register only. The
recent inspection history was that the setting was graded good in 2012, and
2014. More recently inspection judgments have found that the setting was
graded Inadequate, on 7 December 2016 and 5 June 2017 and Requires
Improvement on 11 December 2017.
16. Notices to Improve and or Welfare Requirement Needs (“WRNs” have been
served on the Appellants. The setting has subsequently closed. Amongst the
non-compliant (non-exhaustive) areas consistently highlighted as requiring
improvement were:
• supervision of staff,
• recruitment procedures
• staff training and records
• partnership with parents,
• planning and quality of teaching,
• Safety and staff deployment.
• Safeguarding
To continue reading
Request your trial