The issue came to fore after The Phuket News received a copy of a report by the Phuket branch of the Ministry of Social Development and Human Security (MSDHS Phuket) that was submitted to the PPEAO.
The report, dated Dec 27, 2024, identified 55 nurseries in Phuket known to be operating illegally.
Since then five ‘child centres’ have been ordered to close for failing to comply with legal requirements, Ms Panna told The Phuket News.
Sungka Sungka was shuttered on Feb 7 and Child Center Phuket and Indigo Kids both closed on Feb 14. ThaiLivingKids in Bang Tao was closed on June 16, after its Chalong centre was closed in February, she said.
Ms Panna pointed out that two of the 55 named nurseries ‒ MIK Tree and Baan Merak Nursery ‒ have “recently succeeded in obtaining official licenses”, and this would suffer no legal consequences for operating illegally before their permits were approved.
The remaining 48 nurseries of the original 55 illegal nurseries named in the report are under “ongoing review”, with officials working to determine their operational status and licensing compliance, Ms Panna said.
Ms Panna deflected direct questions about her office’s lack of action. Instead she claimed her office was already targetting illegal “schools” in March, but said her office had now “paused” that campaign.
The only part of the “campaign” that The Phuket News can substantiate are the raids specifically targetting the two Good Shepherd schools on the island, which provide free education to children of Myanmar workers living in poverty.
“We have paused the raid since March because we have many campaigns to be taken care of, including no e-cigarettes, ‘zero dropouts’ and bringing Myanmar kids into the [Thai education] system,” Ms Panna said.
Yet trying to say that her office does take action, Ms Panna said, “The ones we do find, we order to close immediately… We want you to know we’re doing our job, but each raid requires coordination with the police and other departments as well.”
Ms Panna went to lengths to explain that some schools or nurseries continue to operate while awaiting license approval, which she said “technically remains illegal”.
She acknowledged this, stating that such schools should be shut down under the law, but in practice, immediate closures are not always enforced ‒ “especially in cases where large numbers of children are enrolled and the schools are actively working toward compliance”.
She emphasised the need to weigh the impact of abrupt closures on families and children. “If we order them to shut down right away, where will the children go?” Ms Panna said.
“Parents will be affected in their work routines, children may miss learning opportunities and some families have already paid tuition fees,” she added.
Ms Panna also cited “overlapping classifications” as an issue. “The line between being classified as a school and a nursery remains blurred and requires further assessment,” she said.
‘Schools’, as defined by the National Education Act, must be approved by the Ministry of Education.
Nurseries also require Ministry of Education permission to operate, but are also required to pass inspection by the Ministry of Social Development and Human Security.
However, ‘nurseries’ are not permitted to provide any educational learning, Ms Panna confirmed.
For nurseries to provide any lessons, they must be registered as a ‘school’ as defined under National Education Act ‒ and if their students are younger than 6 years old, the venue and the operator must be inspected by the MSDHS, she said.
RUNNERS
Sompit Nuanchan, Chief of the MSDHS Phuket office, reported her own challenges in cracking down on illegal nurseries in Phuket.
“Sometimes we receive a report, but when we go to inspect, the place is already shut down or completely empty…. For example, with Mashasasha Phuket, Ecosphere Innovation and Yedda Blue Phuket ‒ we cannot even specify their exact locations,” Ms Sompit said.
Regarding the ‘Waldorf Phuket School’ in Cherng Talay, which is already facing scrutiny, Ms Sompit reported that ‘school’ underwent an on-site inspection on June 19. The school has since changed its name to ‘Waldorf Steiner School Phuket’, Ms Sompit added.
“We found minor issues that must be resolved within 15 days. If the school meets all requirements, it will be eligible to apply for an official license,” she noted.
Like Ms Panna, Ms Sompit said that the office aims to “guide schools toward legal compliance”, not to arrest operators.
She also confirmed that the Waldorf school will face no legal consequences for operating illegally since 2021. “If all minor issues are resolved within 15 days, the school will be granted a license,” she said.
GOVERNOR
Anupong Wongsawan, assistant to the Phuket Governor Sophon Suwannarat, confirmed to The Phuket News that Phuket provincial officials are now aware of the illegal nurseries situation and are taking steps to monitor any action taken.
Coordination efforts were actively underway with the PPEAO to clarify jurisdictional responsibilities and accelerate enforcement actions, Mr Anupong said.
“Phuket authorities have recently reported an update to relevant agencies regarding the ongoing challenge of illegal nurseries and learning centres operating in the province,” he said.
The MSDHS report of illegal nurseries and schools was formally addressed through the Provincial Ombudsman’s Office, Mr Anupong confirmed.
“The matter was raised with the Provincial Ombudsman rather than the police because some nurseries on the list are actively working toward legalisation. While not all currently meet the requirements, several are in the process of improving their operations and applying for licenses,” he said.
Governor Sophon is allowing local officials to address the issue, and his office is monitoring the situation, but will leave actual enforcement to the relevant officials, Mr Anupong added.
“Some fall under teaching management and must apply for permits through the Phuket Education Area Office and the ‘centres’ must be inspected, but others register as childcare centres through the inspection of the Ministry of Social Development and Human Security (MSDHS), creating a grey area,” Mr Anupong said.
This overlap between institutions classified as schools and those categorised as child care centers has complicated enforcement efforts, Mr Anupong noted.
“The line between care services and educational institutions is often blurred, with curriculum certification and documentation being key factors in determining the appropriate oversight,” he said.
“If it’s about teaching, it must go through the education office, but we also rely heavily on operators to expedite their own licensing processes,” he added.
One of the main obstacles, according to Mr Anupong, is the bureaucratic and procedural delays that impede swift licensing approvals.
“Due to many factors, the Phuket education office has not yet been able to drive and accelerate the process,” he said.
“The process depends heavily on operators urgently applying for permission, which requires curriculum certification and extensive documentation,” he said.
“In Phuket, there are still many places open that are beyond the scope of inspection,” he admitted.