The LGO report, which was produced in October 2022 in response to the way Bournemouth, Christchurch and Poole (BCP) Council handled a parent complaint about extra charges, has now been published online after the local authority’s appeal to the High Court earlier this year was unsuccessful.
The judge rejected all six grounds of challenge brought by the local authority, finding no reason to quash the report and dismissing its application for an order preventing its publication.
Within the report, the LGO recommends BCP Council maintain ‘better oversight’ of nurseries’ charging structures when providing the funded hours.
It also says the local authority should send a letter to other early years providers in the area to inform them of its decision and remind them any ‘top-up’ fees should be voluntary.
What happened?
The parent, referred to as ‘Mr X’, had initially complained to the local authority in 2021 about extra charges he was required to pay the nursery where he was taking up a funded place.
Unhappy with the council’s response, the parent contacted the LGO who produced a report in favour of the parent, urging the local authority to reimburse him the ‘general extra’ fees he had paid, pay compensation of £200 and apologise to the parent.
The LGO said the council should ask the nursery to change its pricing policy in line with he guidance and provider agreement, and if it refuses the local authority should consider its powers to ‘terminate the agreement and withdraw funding in whole or in part’.
Wanting to appeal the decision and prevent the report from being published, BCP Council took the LGO to the High Court, however the judge found in favour of the Ombudsman.
Following the judgement, the Department for Education updated its guidance to stress that all funded places must be free to access – a move that has angered early years providers and left many concerned about their financial sustainability.
Local Government and Social Care Ombudsman spokesperson, Ms Amerdeep Somal, said, ‘We are publishing this report now, more than two years after it was originally made, due to a drawn-out legal challenge. We are pleased the judge has now provided clarity on the matter, by deciding in favour of our finding, which upholds the premise that any extras to the free entitlement must be clear and transparent.
‘We recognise the pressures councils and nurseries face in ensuring sustainable access to free early-years entitlement. However, the law is clear that free entitlement is just that; parents should not face mandatory charges as a condition to access the scheme. When councils are made aware of problems, they must act in a timely manner to ensure that local nursery providers are following the law. I now look forward to the council implementing the recommendations to improve its services, which the report contains.’
Responding to the report, the National Day Nurseries Association said that while the Ombudsman was sympathetic to nurseries and the challenges they face in delivering the funded offer, the statutory guidance makes it clear that Government funding does not cover meals, snacks or consumables.
