The Chief Environmental Health Officer Estlyn Harvey said Jacquelyn Fubler's nursery was not licensed.

“She (Mrs. Fubler) did make an application in 2001 to be registered as a child care provider and was told that she would be able to care for up to three children, however, Mrs. Fubler wanted to care for more, up to ten children, and was informed that she would need a day care centre licence to care for more than three children,” said Mrs. Harvey.

“She might have been under the impression that her application automatically gave her permission to care for children, but she was not licensed.”

Mrs. Harvey was speaking to The Royal Gazette in response to the article in Thursday's paper, in which the family of Mrs. Fubler claimed that her nursery Noah's Ark Day Care Centre was in fact a licensed centre.

Mrs. Fubler pleaded guilty two weeks ago to causing grievous bodily harm to Stephen Ebbin, on July 6, 2001.

Stephen Ebbin, who was ten months old at the time, had only been at her day care centre a few days before the incident, which resulted in him suffering severe head injuries.

Experts predict that he will suffer from the effects of his injuries for the rest of his life.

Mrs. Harvey went on to say that in June of 2001, Mrs. Fubler applied to register a Summer Day Camp under the name of Noah's Ark Infant Room.

“This too was denied, because the ages of the children ranged from nine months to five years. The care of more than three children, under the lower limit of compulsory school age, would require the premises to be licensed as a day care centre and the person in charge to be qualified as required under the day care centre regulations. A day care centre would also require a qualified deputy person in charge,” said Ms Harvey.

Mrs. Harvey said Fubler had indicated interest in meeting the educational requirements and stated in a letter that she was currently furthering her education with a child care management course.