An 'inadequate' nursery in Upminster has said it is pursuing legal action for what it alleges are “factual inaccuracies” in its latest Ofsted report.

Little Adventurers Nursery, in Severn Drive, was given the education regulator's lowest rating in the report that was published on August 23, months after the inspection on February 28.

Ofsted's report claimed “children’s health and safety cannot be assured” at the nursery.

An inspector found that staff “do not always risk assess the suitability of the activities they provide for children” and this can make “play unsafe”.

Staff do not check that the paint used in the baby room is suitable for the children's age, they found. As a result, the inspector believed that “young babies eat non-edible paint”.

But the nursery has however opposed these views and claimed that the inspection was “not in line with the Early Years Inspection Handbook (EYIH)”.

A spokesperson told the Recorder that the report contained what they believe are “factual inaccuracies” and “misrepresentations of discussions and observations on the day”.

Read More: Clockhouse Primary School in Romford given top Ofsted rating

They said: “We wholeheartedly believe that this was an injustice and our legal team have advised us to continue with the legal process in regards to the February inspection to which we are giving due consideration.”

Ofsted refused to comment on the individual case. An Ofsted spokesperson said: "We let our reports speak for themselves."

The inspector felt that the weaknesses identified at the inspection relating to children's behaviour and their safety mean that “children are not well prepared for school or the next stage of their learning".

Staff, they said, do not teach children “to behave in ways that keep themselves and others safe.”

The inspector also noted that some staff do not always “model good hygiene routines to help teach children about good hygiene practices”.

They gave an example where, during toothbrushing routines, pupils “place other children’s toothbrushes into their mouth” and “staff do not correct their behaviour”.

Staff’s management of kids’ behaviour was considered to be “inconsistent” and the inspector found that they do not “routinely teach children consequences of their actions”. This, they believed, means that any unsafe behaviour “repeats itself”.

The inspector also wrote that the manager “does not ensure that bedding used for children is clean” and that safeguarding arrangements at the nursery are “ineffective”.

But the nursery's strong partnership with parents was praised and children were found to “develop their literacy skills suitably”.

The inspector also found “children arrive happy and settle well” at the nursery, and that they are given opportunities to make choices. Staff, they added, know the pupils well and “set up activities that interest them”.

The nursery was re-inspected on August 21, with the report to be published on a future date.

The nursery spokesperson said they are “confident” that the outcome will be a “true reflection of the standard of care” they provide.

They added: “We would like to take this opportunity to say that the safety of children and staff are always our first concern and that we follow robust safeguarding and hygiene procedures.

“We have worked incredibly hard to build a loving, safe and stimulating environment for all children who are part of our nursery family.”