Public Law and Administration Custom Essay


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To ensure the primacy of children?s interests, the Nursery Registration Act 2013 (a fictitious piece of legislation) gives local authorities a duty to register and inspect childcare services. In order for a nursery to operate, it must be registered with the local authority in the area in which it operates. Registration of nurseries may be revoked if the premises of the childcare provider do not fulfill the criteria of safety and suitability as defined in the Act or if the local authority believes that the owners of the nursery are ?not suitable persons to undertake the management of childcare facilities.?
Before a registration can be revoked there is a requirement that ?a hearing is provided
to the affected party.?
A further provision in the Act empowers local authorities to award grants to Childcare providers registered under the Nursery Registration Act 2013. Childcare providers are invited to apply for grants in order to fund minor building/renovation works or to aid the development of the standard of resources and equipment.
The following clients come to you seeking advice on the possible success of a judicial review application, bringing an action in private law or seeking redress through alternative grievance resolution mechanisms:
(a) The Flowerpot Nursery whose registration was revoked after inspectors had found that the premises were unsafe for the care of young children. The reason given for the revocation was that the equipment in the outdoor play area
constituted a serious health and safety risk to the children. The owners of the Flowerpot Nursery are somewhat concerned over the conduct of the hearing with regard to the revocation of its licence. The hearing was chaired by the
inspector who inspected the nursery and recommended revocation of the nursery’s registration. The Flowerpot Nursery was not permitted to have legal representation and although the local authority brought forward several expert
witnesses supporting the case for revocation, at no point were the owners of the Flowerpot Nursery allowed to cross-examine them.
The Flowerpot Nursery has become insolvent as a result of the revocation of its licence, which the owners of the Flowerpot Nursery feel was totally unjustified. They are keen to seek compensation for the loss of their business if this is possible.
(b) Lambkins Nursery, which cares for 20 children, is in great need of more books and applied for a grant. Its application was unsuccessful. No reasons were given for the decision at the time when the refusal was communicated but, since then, an employee of the local authority has indicated that there is a policy in place which limits funding only to those institutions which care for over 25 children.
The owners of Lambkins Nursery are concerned because the letter from the local authority confirming the refusal to give the grant was misplaced in the nursery?s office for 4 months and it is only at this stage that they have come to
you for advice. Page 3 of 3
(c) Mrs. Fotheringill, the owner of Kingdom Nursery, has relied on the assurance given to her by a junior official in the local authority’s education department that the nursery would be entitled to a grant for the extension of the kitchen. Building works have now commenced but Mrs. Fotheringill has now been told that the nursery will not receive a grant because there are no more funds available and the authority claim that any statements made by officials must be understood subject to a published funding policy, which included a clear statement notifying applicants that all applications would be refused if no further funding was available in the local authority?s budget.
(d) Daisy, the owner of Elephant Nursery, faces the revocation of her nursery’s registration because the local authority believes that she is not a suitable person to operate a nursery. The local authority?s letter states that they have discovered that Daisy has previously made some controversial statements about the teaching of reading to young children in the media. The local authority argues that these statements render Daisy unsuitable to manage childcare facilities. Furthermore, the local authority propose revocation because they have discovered that Daisy was 3 days late in renewing a fire safety certificate for the nursery, which the local authority argues is a serious health and safety risk.

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