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Thread: Obtaining Information

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  1. #1
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    Default Obtaining Information

    My child was found wandering by a stranger when he should have been in preschool. I received emails from the preschool stating they were working with Ofsted and the local authority to conduct an internal inquiry, (of which they said I would receive a written copy of the outcome.) The last email I had said the inquiry was complete. Then the preschool promptly closed and went into liquidation. I messaged one of the Directors to ask for the outcome, but heard nothing. I called the local authority and they contacted the Directors of the preschool and asked them to get in touch with me, when the Chairman of Directors of the preschool finally called me he told me the information was with their business recovery company. I called the business recovery company and the lady handling their affairs told me she didn't have it, she called the Chairman of Directors on my behalf and his response to her was to say he had no legal obligation to give me the inquiry outcome/report.

  2. #2
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    Default Re: Obtaining Information

    Silly question but have you contacted ofsted?

    It is appalling that they let a pre school age child out of the building by them selves

  3. #3
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    Default Re: Obtaining Information

    I agree ... contacting Ofsted is a good idea :nod:
    Your local MP might have more luck getting the results too

    You could also try a SAR request to the local Education Authority (or possibly the Chairman of Directors for the pre-school)?
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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  4. #4
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    Default Re: Obtaining Information

    Make the Director aware IN WRITING of the consequences of failing to supply you with information under section 3 Of the New FRAUD ACT 2006 AND THAT HE COULD FACE A JAIL SENTENCE IF HE STILL REFUSES.
    Deliberately failing to supply information you are legally entitled to is an Act to commit Fraud
    Sparkie

  5. #5
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    Default Re: Obtaining Information

    Ofsted could tell me nothing as the preschool was already unregistered with them. Is SAR subject access request? do I send it to the business recovery company as well as the Chairman of Directors? I don't even know if they would have been obligated to have an inquiry...should I try to access the safeguarding procedures?

  6. #6
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    Default Re: Obtaining Information

    yes ... SAR = subject access request :nod: - there's a maximum fee of £10 for it (usually paid via postal order / cheque)

    I'm not sure who you'd end it to, although if the local Education Authority were involved in the inquiry they should hold the results. Personally, I would be going to my MP and getting them to request the local authority hand them over
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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  7. #7
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    Default Re: Obtaining Information

    I really do not wish to sound harsh as I know most parents do their very best for their kids BUT this must be a lesson as to why using an unregistered childcare organisation is not a good idea.

    I do however worry about the nanny state and the need for more and more people to be registered but this was a company with directors etc rather than Mrs Jones who cares for a few kids at her home and you have known for 20 years

    I suspect that Ofsted forced their closure but it does seem odd that they called Ofsted in to help conduct the enquiry if they were unregistered.

  8. #8
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    Default Re: Obtaining Information

    Quote Originally Posted by Berniethebolt View Post
    I really do not wish to sound harsh as I know most parents do their very best for their kids BUT this must be a lesson as to why using an unregistered childcare organisation is not a good idea.

    I do however worry about the nanny state and the need for more and more people to be registered but this was a company with directors etc rather than Mrs Jones who cares for a few kids at her home and you have known for 20 years

    I suspect that Ofsted forced their closure but it does seem odd that they called Ofsted in to help conduct the enquiry if they were unregistered.
    I think that they were registered with ofsted before the liquidation BtB (that's how I read it anyway :noidea in which case ofsted would have been involved in any investigation. Ofsted saying they cannot help would therefore (if I am right) be due to the fact that the pre-school is now unregistered due to its liquidation.
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
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  9. #9
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    Default Re: Obtaining Information

    Thanks for clearing that up Kati

    It was hard to find words that didn't appear judgemental and that is not what I wanted to be ( you know I am quite capable of being blunt at time but this wasn't one of those)

  10. #10
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    Default Re: Obtaining Information

    They were registered with Ofsted when my children were attending. I was advised to send my son to this preschool so he could get the extra help he needed.
    Last edited by kalanchoe81; 14th September 2015 at 10:31:AM. Reason: mis type

  11. #11
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    Default Re: Obtaining Information

    Thanks kalanchoe kinda makes me feel better although it almost makes their crime and offsides failure even worse

  12. #12
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    Default Re: Obtaining Information

    Even if this Preschool has closed they have a legal obligation to keep all records (including accident / incident books, Insurance certificates) for a period of over 21 years and should be available on request. Schools have to keep them for that long because a child can claim in their own right once they come of age but there are also other factors taken into account ie. an accident has a long term affect on a child.

    Were there funded places at the preschool? If yes then they have to be registered with the Local Authority and Ofsted.

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    Default Re: Obtaining Information

    You could also try the government Learning Alliance: https://www.pre-school.org.uk/
    They have support advisers who should be able to point you in the right direction.
    Good luck in getting the answers you need.

  14. #14
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    Default Re: Obtaining Information

    Thank you to you all. I've posted a SAR, so will have to wait and see. Thanks

  15. #15
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    Default Re: Obtaining Information

    It's been nearly 40 days and all I have received is a letter from the liquidator saying they've been trying to reach the ICO. What can I do next?

  16. #16
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    Default Re: Obtaining Information

    Hi Kalanchoe81,
    Not sure if I missed somewhere in the OP why you wanted the report? I appreciate you may wish to see it, but wonder to what benefit if the pre-school has gone into liquidation? I would be so angry so don't blame you wanting to see any investigation report that was prepared.
    Did you need the report to get your child into another pre-school or would that info be available elsewhere for you? I suspect you will have a bit of an uphill struggle to get anywhere with the liquidators and is it really worth your time and stress levels pursuing it if it isn't actually needed for anything, other than for your own curiosity?
    I'm not trying to be obstructive just a believer in keeping stress down if possible.
    Thankfully your child is safe and you will hopefully find a far better pre-school that actually takes their childcare issues more seriously.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

  17. #17
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    Default Re: Obtaining Information

    Hi again and I should have checked the date on the original post. No doubt everything sorted now hopefully.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

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