Care Standards Tribunal, 2025-08-12 (Kreative Learning Childcare LTD v Ofsted)
| Jurisdiction | United Kingdom |
| Neutral Citation | [2025] UKFTT 00981 (HESC) |
| Date | 12 August 2025 |
| Registration Number | 2025/01371/.EY |
| Court | Care Standards Tribunal |
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First-tier Tribunal Care Standards
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social
Care) Rules 2008
2025-01371.EY
Neutral Citation Number: [2025] UKFTT 00981 (HESC)
Hearing held at the Royal Court of Justice
on 21 to 25 July 2025 and on video (for deliberations only) on 1 August 2025
BEFORE
Tribunal Judge O’Neill
Specialist Member B Graham
Specialist Member M Cann
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 7 January 2025 to cancel the
registration of the Appellant.
1.2 There are separate proceedings under appeal number 2024-01307.EY, which
relate to the Respondent’s decision to refuse an application for an additional
premises (“the Additional Premises Proceedings”). For the avoidance of
doubt, the Additional Premises Proceedings are separate to these 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.
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2.2 The Appellant was represented by Ms Akisia Divine, who we understand to be
the Appellant’s company secretary. Mrs 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
The Bundles
3.1 We were provided with a bundle which was paginated in sections from A to J.
Including index pages and cover sheets the bundle had 578 electronic pages.
3.2 We were also provided with a supplemental bundle which was paginated in
sections from A, E to J. Including index pages and cover sheets the
supplemental bundle had 208 electronic pages.
3.3 In this decision, references to documents will be to the pagination numbers
unless stated otherwise using MB to indicate the main bundle and “SB” to
indicate the supplemental bundle.
Late Evidence
3.4 We were provided with the following documents as late evidence:
(a) From the Appellant:
(i) Mrs Henry’s witness statement dated 22 July 2025.
(ii) Email dated 9 February 2018 plus the attached letter.
(iii) Staff rota for the week 16 to 20 September 2024.
(b) From the Respondent:
(i) Supplemental witness statement from Ms Clark with exhibit
PC12, dated 14 July 2025.
(ii) Redacted extract of inspection notes regarding Leytonstone
Community Pre-School.
3.5 Only the supplemental witness statement from Ms Clark (and the exhibit) was
objected to. We decided to admit the statement and the exhibit. It was directly
relevant to the issues we had to decide and had been disclosed to the Appellant
in sufficient time before the hearing to allow the Appellant to consider any
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questions to be put to Ms Clark. Applying the overriding objective we did not
consider there to be any prejudice to the Appellant by its admission.
3.6 Given the lack of any objection to the other documents, we admitted them all.
3.7 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. PROCEDURAL MATTERS
The Appellant’s application to withdraw the appeal
4.1 After proceedings had started on day one, Ms Divine indicated that Mrs Henry
had decided not to proceed with the hearing and would like to withdraw the
appeal.
4.2 We explained that the consequence of doing this is that the Notice of Decision
would take effect. Accordingly, we invited the Appellant to take some time to
consider the position before making any application. We allowed the parties a
short adjournment after which Ms Divine confirmed that Mrs Henry has decided
to continue with the appeal. We therefore treated the application as being
withdrawn.
Mrs Henry’s Witness Statement
4.3 At the start of the hearing, we noted that Mrs Henry had not produced a witness
statement which set out her factual evidence on the issues in the Scott
Schedule. Whilst it was very late in the proceedings to be considering the
admission of such important evidence, we were concerned to ensure the parties
were on an equal footing. We sought submissions from Ms Birks who indicated
that the Respondent would not oppose a late statement from Mrs Henry
provided she had time to consider it before cross examination. We therefore
allowed Mrs Henry to produce a witness statement and explained that it should
address the issues in the Scott Schedule.
4.4 Mrs Birks insisted that the statement be verified by a statement of truth and
what this meant to Mrs Henry. We directed that the statement be produced by
the following morning and that it be verified by a statement of truth.
The Appellant’s application to stay the proceedings.
4.5 On day two of the hearing, the Appellant made an application to the stay the
appeal. Ms Divine’s submissions were, in summary, as follows:
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