Care Standards Tribunal, 2025-06-19 (Mrs Linda Saverina Berry v Ofsted)
| Jurisdiction | United Kingdom |
| Court | Care Standards Tribunal |
| Neutral Citation | [2025] UKFTT 00722 (HESC) |
| Date | 19 June 2025 |
| Registration Number | 2025-/01479/.EY-SUS |
1
First-tier Tribunal Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
2025-01479.EY-SUS
Neutral Citation Number: [2025] UKFTT 00722 (HESC)
Heard on 12 June 2025 remotely via video
with deliberations completed on 17 June 2025
BEFORE
Mr SJW Lewis (Tribunal Judge)
Mrs D Rabbetts (Specialist Member)
BETWEEN: Mrs Linda Saverina Berry Appellant
v
Ofsted Respondent
DECISION
The Appeal
1. The Appellant brings this appeal (“the Appeal”) against a decision (“the Decision”)
by the Respondent, set out in a written notice dated 21 May 2025, to suspend her
registration as a childminder – on the early years register, the compulsory part of
the childcare register, and the voluntary part of the childcare register – for a period
of six weeks, from 21 May 2025 to 1 July 2025 (“the Suspension”). The relevant
powers of suspension are set out in section 69 of the Childcare Act 2006 (“the
Act”) and regulations 8-13 of the Childcare (Early Years and General Childcare
Registers) (Common Provisions) Regulations 2008 (“the Regulations”).
2. The Respondent opposes the Appeal.
Attendance and representation at the hearing
3. The Appellant represented herself as a litigant-in-person. She gave evidence. She
made submissions.
2
4. The Respondent was represented by Ms R Birks (a solicitor). It called two
witnesses: Clare Perry, an early years inspector; and Jayne Godden, an early
years senior officer and Ms Perry’s line-manager. It was Ms Godden who made
the Decision.
5. There were some technical issues during the hearing. While those issues
contributed to some delay and inefficiency, we were satisfied that they did not
cause any material unfairness to either party.
Evidence
6. A main bundle of written documents, running to 201 pages, had been prepared
and provided to us. At the outset of the hearing, with consent of the parties, we
gave formal permission for some additional documents to be added to the bundle.
We had had time to consider all of these documents before the hearing started.
7. We pre-read a skeleton argument from the Respondent. We gave the Appellant
some extra time to consider that document, before we took any evidence, as she
did not think she had read it as part of her preparation. The Appellant confirmed,
having read the document, that she was ready to proceed.
8. At the outset of the hearing, we explained the purpose of the hearing, the issues
we were to consider, the approach we would take, etc. This was designed mainly
for the benefit of the Appellant, as a litigant-in-person, in the hope it would assist
her to participate fully and effectively in a fair hearing.
9. After opening submissions from the Respondent, we heard oral evidence from Ms
Perry and then, after lunch, Ms Godden. We then heard from the Appellant, before
hearing closing submissions from Ms Birks and then the Appellant. Each of the
witnesses was cross-examined. We asked various questions, too, of each witness.
10. We had witness statements from each of the three witnesses, and a supplemental
statement from Ms Perry. The Appellant also relied on a statement relating to Ms
Caesar. We had considered it likely that Ms Caesar would be called as a witness.
There was an express reference in an earlier order, following a telephone case
management hearing on 3 June 2025, to an additional witness wanting to give
evidence “at a fixed time”, with a record that the parties would liaise to agree such
a time. The Appellant told us Ms Caesar was not attending due to not being able
to take time off work and/or being a one-parent family. We gave what weight we
considered appropriate to Ms Caesar’s statement, in all of the circumstances,
including the fact it could not be tested and challenged by direct questions.
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