A magistrates court last week cleared Mrs Rack of assaulting a two-year-old girl at the nursery, in a prosecution brought last year by Northamptonshire Police at the request of the county council's social services.
On 18 July last year two local authority education advisors, Gillian Whall and Julie Medhurst, were visiting Tresco House Day Nursery in Kettering to advise on curriculum. A two-year-old girl hit a baby on the head with a toy brick and the advisors later claimed that Mrs Rack had dragged the girl to a chair and poked her twice in the head (News, 28 September).
Speaking to Nursery World, Mrs Rack said, 'In broad terms, nothing happened. It was a natural everyday occurrence for a nursery. I intervened to protect the baby and sat the child away in another seat. I then went to check that baby was not hurt. Gillian went to comfort the child, totally undermining what I'd done and confusing the child as to what she had done wrong.'
According to Mrs Rack, the baby and toddler were only together as a result of the advisors' actions. 'The baby should have been asleep in her cot in the baby room, at her mother's request, but the advisors thought she should be playing and decided to interfere with her routine,' she said.
The advisors lodged a complaint with Ofsted and Northamptonshire Police.
Mrs Rack was only informed of the ensuing investigation five weeks later.
Mrs Rack has owned Tresco House for 20 years and worked in childcare for 40 years.
The mother of the two-year-old refused to press charges against Mrs Rack and gave evidence in her defence in court. Her child still attends Tresco House.
Mrs Rack said, 'We've had hundreds of letters from nurseries all around the country giving their support.'
Ofsted has now lifted the voluntary agreement Mrs Rack entered into last August, which stated she would not work directly with the children at her nursery.
The acquittal raises issues for other childcarers.
Christine Betts, a senior lawyer in the early years team at Veale Wasbrough Lawyers, Bristol, said, 'It is clear that the courts accept that force can be used in some cases to restrain or to prevent children from causing a disturbance or hurting others. The magistrates said that Mrs Rack's response was "appropriate" and there was "no evidence" she had committed an offence. This was so, even though the alleged assault was witnessed by two adults and it was agreed by all that Mrs Rack physically intervened in one way or another.'
A Northamptonshire County Council spokesman said, 'The council's early years advisers have years of experience in childcare and teaching. Clearly, it is their duty to raise any concerns which may arise through visits and mentoring.'
This was echoed in a statement by Northamptonshire Police, saying, 'We take allegations of criminal assault against a child very seriously and have to investigate thoroughly. The safety of children is our paramount concern.'
and our actions in this case demonstrate that.'