A High Court judge has found in favour of the Local Government and Social Care Ombudsman after a local authority challenged its report about childcare.

The report, which was due to be published in 2022, involved a complaint about parents being required to pay top-up fees for free nursery placements under the Government’s Free Early Educational Entitlement (FEEE) scheme.

The local authority under investigation, Bournemouth, Christchurch and Poole Council, disputed the decision on a number of grounds and challenged the Ombudsman’s view that the top up fees imposed should have been voluntary through the judicial review process.

The case was heard before Mr David Lock KC, sitting as a Deputy Judge of the High Court on 29 January 2025 and a decision was handed down on 7 February, upholding the Ombudsman’s understanding of the case.

Ombudsman, Ms Amerdeep Somal, said:

“We welcome the judge’s decision, which brings to a conclusion a protracted case that has spanned a number of years.

“While we acknowledge councils will want to make justified challenges, we will take a robust stance to defend our decisions, which are based on evidence and arrived at after a great deal of careful consideration.

“I am pleased the judge has agreed with our position and understanding of the facts, law and guidance surrounding this case.”

 

Article date: 12 February 2025