3. What legal representations has the Counsel General made in relation to appeals against Care Inspectorate Wales's decision to withdraw registered status from nurseries and childcare centres? OAQ52085

Decisions about cancellation of registration for day care providers are made by Care Inspectorate Wales. The inspectorate has operational independence. Day care providers that are the subject of cancellation decisions have a right of appeal against those decisions to the first-tier tribunal.

Thank you for that answer, Counsel General. It doesn't seem like much, but there we are. Counsel General, you may be aware of the case of Bright Sparks nursery in Taibach in my constituency, which has been closed since last year following allegations of force-feeding of children and restraint of young children. These are issues which must be investigated, because they must be taken seriously, and there is no question about that. In fact, a trial was held and three individuals were charged and prosecuted, but the trial found them not guilty of all charges, and therefore they were exonerated. Now it appears that even being exonerated in court is insufficient for CIW to reissue the licence, which implies that the evidence presented is still considered sufficient by CIW. What guidance can the Welsh Government give to CIW to ensure that, whilst the need to safeguard children in circumstances where allegations are made is paramount to ensure their safety is there, a thorough investigation is made, and if prosecution that follows fails, a plan is put into place, working with the organisation, to ensure that those nurseries get an opportunity to reopen in a safeguarded, protected way?

The Member will appreciate that the individual case that he refers to—it's difficult for me to make much specific comment about that. Any providers who wish to challenge a decision of the inspectorate have a right of appeal to the first-tier tribunal, which is an independent tribunal with expertise in hearing this kind of case. He mentions the childcare provider in his own constituency and he will know that there is a hearing ongoing at the moment at the first-tier tribunal in relation to the cancellation decision made by CIW. The jury at Swansea Crown Court did not find the case was proved, obviously, to the standard relevant to a criminal court, but the burden of proof in these proceedings is different, so it remains to be seen what the outcome of the appeal is by the nursery against the decision to cancel registration.