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Ofsted tribunal


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#1 klc106

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Posted 10 May 2017 - 08:53 AM

Hi
Has anyone ever been to tribunal with ofsted regarding them refusing registration?

I have the telephone discussion coming up today to arrange the date for the tribunal hearing and was wondering if anyone can advise what to expect?

Thanks

Edited by klc106, 10 May 2017 - 08:53 AM.

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#2 Rebecca

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Posted 10 May 2017 - 09:28 AM

I don't have any experience of this - who will be the arbitrator of the tribunal? 


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#3 klc106

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Posted 10 May 2017 - 09:34 AM

It's an independent judge

#4 Rebecca

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Posted 10 May 2017 - 09:58 AM

From which organisation? In the registration handbook (p23, para 107) there is reference to 'an independent external body, the Health, Education and Social Care Chamber First-Tier Tribunal'

A quick Google search brings up the following: Health, Education and Social Care Chamber tribunal rules

Presumably they have explained the format of the tribunal and the issues to be discussed?


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#5 klc106

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Posted 10 May 2017 - 10:01 AM

Yes that's who the tribunal is with and it has been explained I was just wondering if anyone has personal experience of it as it's a difficult thing to go through

#6 Rebecca

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Posted 10 May 2017 - 10:07 AM

Yes that's who the tribunal is with and it has been explained I was just wondering if anyone has personal experience of it as it's a difficult thing to go through

Of course, hopefully someone will be able to shed some light on it for you. Good luck!


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#7 narnia

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Posted 10 May 2017 - 05:37 PM

Are you amember of the PSLA, or some such organisation??PSLA has a lawcall  service that might be able to help you? Or what about the association of small businesses?


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#8 klc106

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Posted 10 May 2017 - 06:13 PM

Unfortunately I'm not a member 🙁 Had the phone call and the hearing is set for 18th September and will last 4 days!

Ofsted have a solicitor representing them but I just can't afford one 🙁

Edited by klc106, 10 May 2017 - 06:14 PM.


#9 sunnyday

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Posted 11 May 2017 - 03:00 PM

Unfortunately I'm not a member Had the phone call and the hearing is set for 18th September and will last 4 days!

Ofsted have a solicitor representing them but I just can't afford one

Crikey that's tough klc - who can you have with you?


BE KIND TO OTHERS, FOR EACH OF US IS FIGHTING SOME KIND OF BATTLE

#10 klc106

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Posted 11 May 2017 - 03:16 PM

I can have witnesses to give evidence for me and i can have people sit in for support similar to a court case. Found out ofsted have 7 witnesses but no idea who they all are until I get there evidence on 7th June! It's so stressful 🙁

#11 Rafa

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Posted 11 May 2017 - 04:27 PM

I admire your persistence with this Kic and wish you luck! Not sure given all the 'problems' associated with early years now, that I wouldn't look at a change of career!
Good luck with it anyway!
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#12 klc106

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Posted 11 May 2017 - 07:47 PM

I am currently doing care with the elderly to bring in some money but I do miss the children so much! I just can't imagine not working in early years. I 'borrow' my friends little ones as much as I can x
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#13 BroadOaks

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Posted 15 May 2017 - 09:10 AM

I just re-read the original thread regarding this awful situation you have been put in. It was almost 12 months ago, and only now a tribunal is taking place?

 

Did you ever get the Ofsted report and their perception of your provision?

 

They have 7 witnesses.. how have they found these? Are they inspectors or other observers of your practice, ie parents, visitors?

 

Of course they will have the best solicitor's that public money can afford :rolleyes:  - they have an amazing reputation to uphold! Yes, solicitors are usually very organized and professional but the law, is the law, and they can't change that.

 

If you have broken the law.. ie being threatened with a fine of £5000 - was this the reason for the suspension? This is the only time a "law break" was mentioned, I think? They did give you a time frame to comply and I presume this was resolved?

 

Sorry for all the questions and I just want to understand this situation more clearly. It will be an interesting case from the outside, although very worrying and stressful for you :(  - the outcome of this might help others in a similar situation or future situation. The more facts we know, the better advise can be given. You now have the opportunity to defend yourself legally.. keep it simple and to the point. I wish you the very best of luck.


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#14 klc106

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Posted 15 May 2017 - 07:26 PM

I chose to resign from the pre-school and closed it back in June 2016, I couldn't get the staff I needed.
I then decided to become a childminder and put my application in in September 2016. I have worked hard to set my house up, dedicating the downstairs to childminding and organising the paperwork I needed. I had my registration visit in January 2017 and it seems to go perfectly. However, the next day I got a phone call to say they were refusing my registration and if I chose to appeal the decision rather than withdraw my application then I will be disqualified and not able to work with children in any way, or foster or adopt.
I chose to appeal the decision as I have never actually done anything wrong I just found my management skills were not good enough to get my staff to do what was needed which is why I think childminding will be best as I only have myself rather than managing staff.
The appeal meeting took place in march and again it went perfectly, I took a lot of evidence with me to show how I promote children's learning and all my risk assessments etc. I then had to wait 10 days for their decision which turned out to be a no. The reason for this being that although my knowledge and paperwork is perfect they don't feel I can put it in to practice. I have offered them to come and see my practice numerous times but they refused.
The next stage is now the tribunal. I am not sure who the 7 witnesses are and will get the evidence from ofsted on 7th June.
I have spoken to a solicitor and they said it was very likely I will lose the tribunal case as I can't evidence my practice within a court room.
The main thing I want to defend is my right to work with children. I have never harmed a child and would never dream of doing so. All the children I have cared for have gone to school ready for their next chapter and are doing well, including a little girl with autism who I helped get her statemented to get into a special school.
The solicitor wanted £240 per hour and I just cannot afford that sort of money.

Apologies for the long post 🙁

#15 BroadOaks

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Posted 16 May 2017 - 08:37 AM

No need to apologise, thank you for explaining further. It must have been hell these last few years having to deal with all this. The more details you share, the better advise we can give. It is difficult to understand the whole situation and this makes it impossible to understand why Ofsted would make this decision? Like you said, you have not harmed a child and if you applied for a DBS it would be clear! You seem extremely passionate and you have shown good practice in the past with a Good Ofsted grade. The route to go solo seemed like the obvious choice given your admission of bad management skills.

 

Maybe a different route would have been to employ a manager, who would also be the registered person and you would be the owner of the business, although I am unsure if you would then be allowed to work with the children. That would be crazy if you couldn't?

 

It is a very strange scenario to hear about and it is interesting because this could happen to anybody and it just doesn't seem right to me! I can only guess that Ofsted do not believe the children would be safe within your care but I am unsure as to exactly why they are forming this judgement. The only evidence I have read is that they came in to Judge your setting and they deemed it unsafe? Surely they must now need to give you another chance to show them?

 

PS - Your LA Improvement Team want sacking - they seem unfit for purpose, from what I have read!


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#16 klc106

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Posted 16 May 2017 - 10:13 AM

Thank you. Nobody who knows me or has worked with me can understand how this is all happening and they know that childcare is my passion. That's the reason I got my degree and eyps!
I have contended the LA to see if they would come and see my practice with friends children and they said they cannot get involved now that ofsted are involved!!

#17 MarshaD

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Posted 16 May 2017 - 06:13 PM

I`m afraid I don`t have any useful advice to pass on, but I feel compelled to comment. I am so sorry that you are facing this. Could you join PSLA or NDNA retrospectively? Would be cheaper than the lawyer. Sending virtual hugs and positive vibes your way.
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#18 LKeyteach

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Posted 16 May 2017 - 08:35 PM

Klc Im horrified to hear about your situation.
Stay strong and keep posting we will do all we can.
Xx
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#19 MarshaD

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Posted 18 May 2017 - 05:05 AM

Someone on another thread has said the Federation of Small Businesses offer free legal advice £142. Don't know what their experience of OFSTED might be though. NDNA / PSLA probably more relevant.
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#20 BroadOaks

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Posted 19 May 2017 - 01:24 PM

MarshaD - I prefer the free legal advise £0 - :P  joke.   I am sure the Federation of Small Businesses is great to join.


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