Care Standards Tribunal, 2025-08-12 (Kreative Learning Childcare Limited v Ofsted)
| Jurisdiction | United Kingdom |
| Neutral Citation | [2025] UKFTT 00980 (HESC) |
| Date | 12 August 2025 |
| Registration Number | 2024/01307/.EY |
| Court | Care Standards Tribunal |
1
First-tier Tribunal Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
2024-01307.EY
Neutral Citation Number: [2025] UKFTT 00980 (HESC)
Hearing held at the Royal Court of Justice
on 1 to 4 and 28 July 2025
BEFORE
Tribunal Judge O’Neill
Specialist Member J Heggie
Specialist Member J Hutchinson
BETWEEN:
Kreative Learning Childcare Limited Appellant
-v-
Ofsted Respondent
DECISION
1. THE APPEAL
1.1 This appeal is by Kreative Learning Childcare Limited (“the Appellant”) against
a decision by Ofsted (“the Respondent”) dated 24 October 2024, to refuse the
Appellant an additional premises to its registration as a provider of childcare on
non-domestic premises.
1.2 On 7 November 2024, the Respondent issued the Appellant with a notice of
intention to cancel its registration and has subsequently issued a notice of
decision to cancel its registration. This appeal relates only to the Respondent’s
decision to refuse the Appellant an additional premises. There are separate
proceedings in which the Appellant has appealed the notice of decision to
cancel the registration of the Appellant. Those proceedings are under appeal
number 2025-01371.EY (“the Cancellation Proceedings”).
2. ATTENDANCE
2.1 The hearing of the appeal was conducted as a hybrid hearing, but the parties,
the witnesses and the Tribunal Panel attended each day in person.
2
2.2 The Appellant was represented by Ms Akisia Divine, who we understand to be
the Appellant’s company secretary. Ms Charlene Henry, the Appellant’s sole
director and Nominated Individual was the Appellant’s only witness.
2.3 The Respondent was represented by Ms Rachel Birks and Ms Catriona
Thomson of Ward Hadaway LLP. The Respondent’s witnesses were:
(a) Ms Pippa Clark, Early Years Regulatory Inspector.
(b) Ms Elizabeth Mackey, Early Years Senior Officer (now retired).
(c) Ms Maria Conroy, Early Years Senior Officer.
3. EVIDENCE
3.1 We were provided with a bundle which was paginated in sections from A to K.
Including index pages and cover sheets the bundle had 323 electronic pages.
3.2 A substantial amount of late evidence was produced by both parties during the
hearing. This was largely unopposed and was admitted. The documents
admitted are set out in the supplemental bundle sent to the Tribunal by the
Respondent on 10 July 2025.
3.3 In this decision, references to documents will be to the pagination numbers
unless stated otherwise using “SB” to indicate the supplemental bundle.
3.4 We carefully considered all the written evidence submitted to the Tribunal in
advance and the oral evidence given to us at the hearing even if we do not
mention it. We used the hearing to amplify and update parts of the written
evidence and only record such of the oral evidence as is necessary to explain
our decision.
4. BACKGROUND AND KEY CHRONOLOGY
4.1 The Appellant has been registered as a childcare provider on non-domestic
premises with the Respondent since 6 March 2023. The Appellant operates two
settings; Kreative Learning Childcare and Kreative Learning Pre-School.
4.2 On 20 May 2024, the Appellant applied to open a third setting, Kreative
Learning Babies.
4.3 On 5 September 2024, the Respondent undertook an approval visit to the
proposed third setting, Kreative Learning Babies (“the Approval Visit”).
4.4 On 18 September 2024. the Respondent completed an unannounced visit to
Kreative Learning Pre-school.
4.5 On 24 September 2024, the Respondent served the Appellant with a notice of
intention to refuse the registration of the additional premises for Kreative
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