Nursery to remain closed after failing to report bruises of child abused by family member
A struggling nursery that was closed down by Ofsted after a worker failed to tell social services about bruises noticed on a child has lost its fight to re-open.
Catherine's Cross Nursery, in Darlaston, shut last year and was struck off the register by the education watchdog for a string of safeguarding failings.
The management was said to be poor and ineffectual, while inadequate learning and development opportunities were being offered to children at the Pinfold Street centre
Nursery operators Darlaston Community Association took the matter to an appeal heard at a First-Tier Tribunal earlier this month. But the original decision to close was upheld.
The hearing was told concerns were raised about the failure of a worker to report to social services bruises she had noticed on a child.
The abused toddler was ultimately taken into care after suffering a serious assault by a family member.
Ofsted said the concerns were sufficient to justify removing the nursery from the register and, after an appeal, a judge has now backed that decision.
Judge Melanie Plimmer told the tribunal that, if anything, the concerns raised then were even more valid now than they were last year.
The tribunal had 'simply insufficient evidence' to suggest past mistakes had been reflected upon or plans for improvement put in place.
She said the tribunal had no doubt that the nursery was 'unsuitable' to provide early-years provision when Ofsted made its decision last October.
She continued: "We also have no doubt that those concerns remain, albeit with even more force at the date of the hearing.
"The appellant has failed to take the opportunity over the last few months to devise an action plan or systems for the nursery. We have been told about aspirations, but have not been provided with any tangible cogent evidence.
"We conclude that the appellant is unsuitable to provide early years provision on the basis of all the evidence before us at the date of the hearing."
Parents were shocked when the Pinfold Street nursery that was first registered with Ofsted in 2005 closed its doors in October.
Judge Plimmer said it had a history of 'serious deficits' and had been repeatedly served with notices to improve various aspects.
In a separate legal dispute, the association was evicted in a dispute with building owner Walsall Council over rent arrears. In May the association was thrown a lifeline and the keys were returned after Walsall County Court granted it interim access to the site.
No-one was available for comment at the association.
