Eleanor Walters
-v-
OFSTED
[2004] 292.EY

DECISION

1.	This appeal was the subject of a four-day hearing by a tribunal in November 2004.  By a decision dated 20 December 2004 the tribunal adjourned the case until the first available date after 20 June 2005 so as to enable Mrs Walters to continue running her nursery while she tried to sell it or to make other arrangements to ensure it could continue to be run satisfactorily.  The nursery has now been sold and another person has been registered in respect of it.  That person has taken control of the nursery with effect from 27 May 2005 and has had the lease of the property assigned to her.  Mrs Walters has therefore ceased to be the proprietor and wishes to cease to be registered.  
2.	An inspection on 28 April 2005 found the nursery to be “satisfactory” but Ofsted nonetheless still considers that the appellant is not qualified for registration. However, in the light of the sale of the nursery, Ofsted has decided no longer to oppose the appeal.  I agree with both parties that the public interest does not require time and money to be spent on a further hearing in this case, even for the purpose of considering what powers, if any, a tribunal retains when an appellant ceases to have an interest in the nursery in respect of which she has been registered.
3.	As the proceedings are no longer opposed, I am bound to allow Mrs Walters’ appeal by virtue of regulation 33(2) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002.  Regulation 33(2) does not permit the nominated chairman to allow an appeal when opposition to it has been abandoned, although it would allow a tribunal to do so at a hearing.  Mrs Walters’ resignation of her registration will presumably take effect upon the appeal being allowed, as section 79J(2)(b) of the Children Act 1989 has prevented it from taking effect until now.
4.	Neither party has asked for a costs order and it would plainly be inappropriate to make one.
5.	Accordingly, I allow Mrs Walters’ appeal and make no order for costs.

ORDER ACCORDINGLY

His Honour Judge David Pearl
President
6th June 2005.