The High Court handed down judgment in R (Bournemouth, Poole & Christchurch Council) v Local Government Ombudsman [2023] EWHC 3356 (Admin) on 7 February 2025. This was a case about the “Free Early Years Entitlement” (“FEEE”) statutory scheme, under which families can access 15 or 30 hours of “free” childcare from participating nurseries and other childcare providers. Local authorities are responsible for ensuring that childcare in their area is made available free of charge.
The Court upheld the Ombudsman’s decision, on a complaint by a parent, that his child’s nursery was not permitted to make mandatory charges for “extras” when providing statutory “free” hours,
Hannah Slarks acted for the Ombudsman, instructed by Kingsley Napley. Peter Oldham KC acted for the local authority.
