Public Law and Administration Assessed Problem Question Essay

Public Law and Administration Assessed Problem Question - Essay Example Introduction Section 71, Part 1 of the Children Act 1989, requires that every local authority should keep a register of all childminders, within the authority’s area (The National Archives, 2013). All childcares should register with a regulatory authority such as Ofsted. These childcares include childminders and nurseries (Islington, 2013, p, 3). In running childcares such as nurseries, welfare requirements should safeguarded through child protection, suitability of people through appropriate training, maintenance of health and ensuring suitability of premises, environment and equipment. These requirements were reinforced by the death of Peter Connelly in 2007, whereby steps had to be taken to protect children from harm (Macleod, Hart, Jeffes, & Wilkin, 2010). There are various types of childcares that operate in the UK. Childcare on domestic premises refers to a case when four or more persons take care of children in someone’s home while childcare on non-domestic homes is when a person /organisation provides care for children on non-private premises (Ofsted, 2013). These include nurseries and village halls that are built with the purpose of providing children with care and education. They can be private nurseries, pre-schools and voluntary nurseries. Childminders are people who provide childcare for one or more children (Ofsted, 2013). These children are normally aged between zero to five years and they are not related to the childminders, and the childminders undertake this activity in someone’s home, usually their own home, with the aim of a reward (Ofsted, 2013). This paper provides advice on the possible success of a judicial review application, bringing action in private law or seeking redress through alternative grievance resolution mechanisms involving four different cases. These cases involve Flowerpot Nursery, Lambkins Nursery, Kingdom Nursery and Elephant Nursery. Advice is provided in regards to The Nursery Registration Act 2013 , which gives local authorities a duty to register and inspect childcare services, revoke registration and licences of nurseries and award grants to Childcare providers. X (minors) v Bedfordshire County council a) Flowerpot Nursery The Flowerpot Nursery had its licence revoked by the local authority. Before, revocation of the nursery’s licence, there was a public hearing, which was chaired by the inspector who inspected the nursery and recommended revocation of the nursery & apos’s registration. The Flowerpot Nursery’s premises were pronounced unsafe for children because the equipment in the outdoor area had a serious health and safety risk to the children, according to the inspector. However, during the public hearing, The Flowerpot Nursery was not permitted to have legal representation. On the other hand, the local authority brought forward several expert witnesses to support the case for revocation, and owners of the Flowerpot Nursery did not get an opportuni ty to cross examine the expert witnesses. The Flowerpot Nursery has become insolvent due to the revocation of its licence. It should be noted that childcare centre’s buildings should comply with the Building Act, Building Regulations, London Buildings Act and the Department for Education (Islington, 2013, p, 10). Secondly, the local authori