Care Standards Tribunal, 2025-05-12 (AP CARE HOMES LIMITED v OFSTED)
| Jurisdiction | United Kingdom |
| Court | Care Standards Tribunal |
| Neutral Citation | [2025] UKFTT 00520 (HESC) |
| Date | 12 May 2025 |
| Registration Number | 2024/01105/AY |
1
First-tier Tribunal Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
2024-01105.EY
Neutral Citation Number: [2025] UKFTT 00520 (HESC)
Heard at Warrington Court Centre
On 27 – 31 January 2025
Heard at Manchester Civil Justice Centre
On 12 and 13 March 2024
Panel deliberations on 22 and 24 April 2025
BEFORE:
Tribunal Judge Siobhan Goodrich
Specialist Member J Everitt
Specialist Member J Heggie
BETWEEN: AP CARE HOMES LIMITED Appellant
v
OFSTED Respondent
DECISION AND REASONS
Representation:
For the Respondent: Mr Dominic Howells, counsel.
For the Appellant: Mr Geraint Jones KC instructed by Rainer Hughes until 28
January 2025 and, thereafter, Mr David Beard, Legal Consultant, Rainer Hughes.
The Appeal
1. This is an appeal against the decision made by the Respondent under on 15 March
2024 under section 14 of the Care Standards Act 2000 (the Act) to cancel the
provider registration so that the Appellant is no longer authorised to carry on the
regulated activity at Moss Farm Children’s Home ((Moss Farm or the Home).
2. The right of appeal lies under section 21 of the Act.
2
The Parties
3. Ms Ampika Pickston is the owner and sole director of the AP Care Homes Limited
and is the Nominated Individual (the NI). The Appellant company is a registered
provider of children’s social care services and operates one provision under the
registration, namely Moss Farm, 120 Moss Lane, Styal, Cheshire. The Home was
registered by Ofsted in June 2023 to provide care and accommodation for up to
four children with emotional and/or behavioural difficulties. Since Ms Pickston is
the sole director when we refer to the Appellant we refer to Ms Pickston and vice
versa.
4. The Respondent is the Office for Standards in Education, Children’s Services and
Skills (Ofsted) and is the statutory authority responsible for the registration,
inspection and regulation of children’s homes under the Care Standards Act 2000,
and the regulations made thereunder, which include the Children’s Homes
(England) Regulations 2015.
Restricted Reporting Order
5. The Tribunal made a restricted reporting order on 27 January 2025 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 might be made so as to protect their interests. On 28 February,
and on 8 April 2025, the panel made orders in respect of third-party applications
by members of the press, permitting the disclosure of the skeleton arguments and
witness statements only, and varied the order of 27 January 2025 accordingly. That
order continues so as to prohibit the disclosure or publication of:
a) any exhibits, and documents relating to the proceedings and
b) any material likely to lead members of the public to identify children
previously accommodated at Moss Farm and their family members.
We will anonymise the names of children by using initials as necessary.
The Chronology regarding the decision under appeal
6. The main dates and events are as follows:
24 January 2023: Ms Pickston made an application to register the Home. The
basis of her application was that she would be the Responsible Individual (RI).
18 April 2023: At the registration visit the proposed manager, Christopher
Bentley, withdrew his application to be registered as the manager. During the
suitable person interview Ms Pickston agreed she did not have experience and
skills to be the RI.
20 June 2023: at the second registration visit interviews took place with the
proposed manager, Sandra Laciena, and the proposed RI, Lauren Bailey, who
each met the requirements of regulations (28 and 26 respectively).
27 June 2023: Registration granted.
3
12 September 2023: Registered Manager (RM) Sandra Laciena submitted a
voluntary cancellation form (VCF) regarding her resignation.
17 October 2023: RI, Lauren Bailey, informed Ofsted that she had resigned
from her role with immediate effect.
13 and 15 November 2023: Ofsted received two complaints about the Home
regarding reference to the Home on social media.
16 and 17 November 2023: Ofsted conducted an inspection of the Home which
was rated as inadequate in all areas. Ofsted suspended the home with
immediate effect from 17 November until 8 February 2024 because of serious
and widespread concerns relating to safeguarding practice and the leadership
and management of the Home. (The suspension was later lifted on 4 January
2024 – see below.)
28 November 2023: Ofsted issued a Notice of Proposal (NoP) to cancel the
Home. The Appellant submitted written representations.
28 December 2023: Ofsted contacted the director to facilitate a monitoring visit
but were unable to gain access to Moss Farm.
29 December 2023: Ofsted received concerns relating to the leadership and
management of the home.
2 January 2024: a new RM, Mr Brendan Prior, commenced his employment.
Mr Daren Roberts had recently been appointed by the Appellant as RI to the
Home.
3 January 2024: Ofsted carried out a monitoring visit to review the suspension
4 January 2024: The suspension of the Home was lifted. The NoP to cancel
registration was withdrawn. The hearing of the appeal against suspension on 9
January 2024 was vacated.
22 January 2024: Child A was placed in the Home by Salford Local Authority.
24 January 2024: Ofsted received information internally that the application
submitted by the proposed manager, Mr Prior, had been returned to him due to
the form being incomplete. Ofsted did not receive a completed application from
Mr Prior at that time.
30 January 2024: Inspectors Fargin and Thornton conducted a monitoring visit
at the Home. They learned that a series of safeguarding incidents involving
Child A had taken place at the Home and that Child A had made allegations
against members of staff. A case review was held. Notice was served to restrict
accommodation at the setting with immediate effect.
7 February 2024: Mrs Edge, Mrs Fargin, Mrs Thornton and Mrs Mulcahy held
a meeting with Mr Prior and Mr Roberts.
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