Nursery owner acquitted of force-feeding child is banned from re-opening

A nursery owner found not guilty of child cruelty allegations has been barred from opening her nursery again.

Credit: Alena Ozerova/ Shutterstock

Former nursery operator Katie Davies cannot re-open her early years business, despite being cleared of charges of force-feeding a child along with her deputy manager and a third staff member working at Bright Sparks nursery in Taibach, Wales.

The three women were found not guilty of charges against them, after facing trial at Swansea Crown Court last April.

Ms Davies was cleared of a joint charge of restraining and force-feeding a child at the nursery. Staff member Shelbie Forgan was cleared of a charge of picking up a child by its wrists and a joint charge of restraining and force-feeding.

The nursery's deputy manager Christina Pinchess, was found not guilty of allegations of force-feeding, picking up a child by its wrists and covering a child’s mouth with her hand to stop the infant crying.

Ms Davies opened her nursery in 2014 but was shut down in 2016, after child cruelty allegations were made against staff by students on work placements.

The nursery manager had voluntarily suspended her licence to run the nursery. An investigation into child cruelty allegations by Care Inspectorate Wales (CIW) led to Ms Davies’ registration being cancelled.

Tribunal hearing finds cracks and failures

When the nursery owner appealed the decision, a tribunal hearing was held in May. The CIW tribunal heard about regulatory breaches in which Ms Davies had: failed to formally notify of staff changes; failed to disclose a parental complaint which had been considered a safeguarding issue and failed to ensure all staff at Bright Sparks received appropriate training and supervision including safeguarding training during their employment.

Tribunal judges said: “By the autumn of 2015, the evidence we have seen suggests that cracks were beginning to show: a complaint was received by a parent raising concerns.

"The appellant responded to the complaint, dismissing it, but does not appear to have recognised that the concerns raised required her attention.”

Judges concluded Ms Davies' "failure to apply the processes identified within her own setting’s policy documents, failure to implement basic safeguarding processes and failure to consider objectively whether there was any merit in the allegations, led to the children in her care being placed in a situation where their welfare was at risk."

They added Ms Davies had "failed to provide day care with sufficient care, competence and skill.”