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Nursery owner cleared of assault Nursery owner cleared of assault
(about 1 hour later)
The owner of a nursery has been cleared of assaulting a toddler in her care after magistrates at Daventry ruled she had used "appropriate" force.The owner of a nursery has been cleared of assaulting a toddler in her care after magistrates at Daventry ruled she had used "appropriate" force.
Olive Rack, 56, was found not guilty of common assault at Tresco House Day Nursery, in Kettering.Olive Rack, 56, was found not guilty of common assault at Tresco House Day Nursery, in Kettering.
She allegedly dragged the two-year-old girl across the floor to a "naughty chair" after seeing her hit a baby.She allegedly dragged the two-year-old girl across the floor to a "naughty chair" after seeing her hit a baby.
Magistrates heard the mother say she was "completely satisfied" with the way Mrs Rack had dealt with her daughter.Magistrates heard the mother say she was "completely satisfied" with the way Mrs Rack had dealt with her daughter.
'Evidence inconsistent' 'Vendetta'
But visiting council officials complained they had seen the nursery owner dragging the child while screaming and shouting. The court heard that on 18 July, Gillian Whall and Julie Medhurst, from Northamptonshire County Council, were on a routine visit to the private nursery, which is Ofsted-registered and caters for 35 children aged one to eight.
The officials complained they had seen the nursery owner dragging the child.
It was also said Mrs Rack screamed at the child and poked her twice in the forehead.It was also said Mrs Rack screamed at the child and poked her twice in the forehead.
Mrs Rack denied the charge and said she had led the child to a chair to calm the situation and stop further injury to the baby.Mrs Rack denied the charge and said she had led the child to a chair to calm the situation and stop further injury to the baby.
She denied poking the toddler.She denied poking the toddler.
They carried on the vendetta from then on. They could not accept that they had lost Olive Rack
Mrs Rack told the court that her troubles with the local education authority began in 1993 when inspectors tried to force her to sack a manager with decades of childcare experience because she did not have the right formal qualifications.
She went on to win a Magistrates' Court case when she challenged the local authority.
She told the court today: "They carried on the vendetta from then on. They could not accept that they had lost."
Bench chairman Meryl Mayo said: "The case hinges on the force used by Mrs Rack.Bench chairman Meryl Mayo said: "The case hinges on the force used by Mrs Rack.
"We feel that the main witnesses in this case, from Northamptonshire County Council, Mrs Gillian Whall and Miss Julie Medhurst, were leaving the nursery at this time, they may not have seen the whole incident or were possibly mistaken. "We feel that the main witnesses in this case Mrs Gillian Whall and Miss Julie Medhurst were leaving the nursery at this time, they may not have seen the whole incident or were possibly mistaken.
"There were a number of inconsistencies in the evidence."There were a number of inconsistencies in the evidence.
"We feel there is no evidence that Mrs Rack tapped or poked the child in this way."We feel there is no evidence that Mrs Rack tapped or poked the child in this way.
"The physical intervention was appropriate in this case.""The physical intervention was appropriate in this case."
Outside court today Mrs Rack told BBC News: "I am pleased to finally be vindicated and I'd like to thank the witnesses who gave evidence for me in this case.
"I just want to go back to my family. I'm looking forward to getting back to work."
Northamptonshire County Council said it defended its decision to prosecute Mrs Rack.
In a statement, the authority said: "Clearly it is their duty to raise any concerns which may arise through their visits."