Ellie Ames 12 February 2025

Council loses legal challenge over nursery fees

Council loses legal challenge over nursery fees image
Image: Andrew Chisholm / Shutterstock.com

Bournemouth, Christchurch and Poole (BCP) Council has failed in its bid to challenge a decision made by the Local Government and Social Care Ombudsman.

In 2022, the Ombudsman was due to publish a report into a complaint about parents being required to pay top-up fees for free nursery placements under the Government’s Free Early Educational Entitlement scheme.

But BCP launched a judicial review after the Ombudsman concluded that the top-up fees should have been voluntary.

Ombudsman Amerdeep Somal said: ‘While we acknowledge councils will want to make justified challenges, we will take a robust stance to defend our decisions, which are based on evidence and arrived at after a great deal of careful consideration.

‘I am pleased the judge has agreed with our position and understanding of the facts, law and guidance surrounding this case.’

A BCP spokesperson said: ‘BCP Council is considering the judgement and any next steps it may take.’

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