YA v Ofsted

�A restricted reporting order is made under Rule 14(1)(a) and (b) of the Tribunal Procedure (First Tier Tribunal) (Health, Education & Social Care Chamber) Rules 2008, prohibiting the disclosure or publication of any documents or matters likely to lead members of the public to identify the appellant, or any child minded by the appellant, the complainant, or any member of the families of these individuals, and directing that reference to them must be by initials so as to protect their private lives.

�In her Appeal Application Form the appellant indicated she wished the matters to be dealt with on the papers.� However, she subsequently requested an oral hearing, and witnesses Champa Miah, Thomas O�Neill and Margaret Ferris appeared on behalf of Ofsted, who was represented by Ms Juliette Smith of Harvey Ingram Borneos Solicitors. In the event the Appellant indicated she did not wish to cross examine any of the Ofsted witnesses, and the matter proceeded on the papers so far as Ms Miah and Mr O�Neill were concerned.� Ms Ferris gave brief evidence about the progress of the investigation.

The appellant appeared with one witness D.P., but in the event the appellant said she did not wish to call her.� Ofsted indicated they did not wish to cross-examine her, and the panel relied on her witness statement, so far as it was relevant.� The appellant was unrepresented.� She gave evidence and made submissions.� She was not cross-examined by Ofsted.

�The bundle ran to 121 pages and contained both parties� cases.� The appellant served a late bundle of papers containing her own statement, statements of D P, A. A., and� C. E. who were the appellants witnesses, documentation about child minding fees and extracts from the appellant�s daily diary.� Ofsted challenged the relevance of the documents, but did not object to their inclusion in the bundle.� We allowed the documents in, subject to relevance.

�In this matter the appellant is appealing under regulation 12 of the Childcare (Early Years and General Childcare Registers) (Common Provision) Regulations 2008, against the decision of Ofsted to suspend her registration as a child minder.� Our powers under Regulation 12 are either to confirm the inspector�s decision to suspend registration or to direct the suspension shall cease to have effect.