A Birmingham nursery has escaped fines and prosecution following the withdrawal of a noise abatement notice.
Little Angels Day Nursery and Pre-school in Sandwell was issued an abatement notice by Sandwell Metropolitan Borough Council on 3 August last year, following numerous complaints from one next-door neighbour. The council decided not to uphold the notice days before the two parties were due to appear before a county court.
The case follows similar experiences at nurseries in Hampshire and Cornwall, with staff forced to restrict the hours of children's outdoor play (News, 18 August and 15 December 2005; Nursery Business, Spring 2006).
Owner and manager of Little Angels, Viv Bent, said, 'Looking at the abatement notice, we obviously couldn't understand what it was. It said we had to stop the children shouting, screaming or raising their voices within 21 days or we were liable for a fine of up to 20,000. When children are playing, how can you stop them raising their voices?'
Ms Bent is writing to children's minister Beverley Hughes and communities minister Ruth Kelly about the disruption she faced and calling for some protection for nurseries against noise complaints.
A spokesman for the Pre-school Learning Alliance, which gave advice to Ms Bent, said, 'Key recommendations made were the need for local councils to give due consideration to the impact of a noise abatement order on an early years setting's day-to-day operations, its staff and the families it serves, and also to take into consideration the length of time the setting has been in the community. Also raised was the need for noise issues to be addressed and concluded in the planning permission stage and not open to challenge at a later stage.'
Deputy council leader Steve Eling said, 'The council is not taking any further action at this stage, and indeed we would rather not pursue the matter any further.
'We always prefer to bring parties together to find an amicable solution and we would very much hope the parties concerned can reach an understanding in this case. The situation will continue to be monitored and if further complaints are received the council will have an obligation to review its position.'
Lesley Staggs, early childhood consultant and former national director of the Foundation Stage, said, 'It's a sad state when as a society we don't recognise and meet the needs of children, like their need to be outside and to make noise. The EYFS guidance is very specific about a setting providing adequate outdoor provision.'
- Has your nursery been affected by similar issues? E-mail an account of your experiences to news@nurseryworld.co.uk.