Claire Stevenson successfully prosecutes a disqualified childminder, charged with two offences: 1) childminding whilst suspended (section 69 of the Childcare Act 2006); and 2) childminding whilst unre

OFSTED v SN 

Reported at: www.birminghammail.co.uk/news/midlands-news/childminder-who-continued-practise-after-15478147

Concerns were raised following an inspection which obtained an “Inadequate” judgment. Despite numerous visits, phone calls and letters, the Early Year Regulatory Inspector was unable to establish contact with the defendant and conduct monitoring visits. The defendant was issued with a notice of decision to cancel her registration. OFSTED then received concerns that raised issues about the care of children, and the suitability of adults linked to the premises. As a result, registration was suspended. Cancellation of registration took place once her appeal against the decision was struck out, due to failure to comply with the court directions.

About three months later, OFSTED received concerns from a parent, who confirmed that she had been asked to pay back family tax credits over a prolonged period. She was unaware that the defendant had been suspended. Similarly, another parent contacted OFSTED regarding her son’s care whilst with the defendant. She had been contacted by Family Tax Credits, requesting payment of money for childcare of more than £3,000 for the period April 2017 to September 2017. The parent stated that she had had concerns about the care being provided to her son. 

The court determined that this was a serious matter, involving “a breach of trust”. The defendant was sentenced to a sentence of four months’ imprisonment, suspended for twelve months, with a requirement of unpaid work hours.