See Page 1. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. We may receive concerns that do not suggest a risk to the safety or well-being of children. The legal definition of harm is set out in section 31 of the Children Act 1989. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. In some cases, the suspension may be lifted without any further action as the enquiries confirm that the provider continues to meet the requirements of registration. We will ensure that the evidence in support of the grounds for cancellation meets the required standard, which is the balance of probabilities; in other words, that it is more likely than not to be correct or true. We have working arrangements for childcare protocols between Ofsted and other organisations to ensure that working practices are consistent with the role and responsibilities of the appropriate organisations. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. If we decide to refuse registration, the notice remains in effect. in early years settings 6.4 Describe legislation, regulations and guidance that apply to infection prevention and control in early years settings 6.5 Explain the immunization programme for children and its role in infection control. Emergency orders take effect immediately and apply to all settings under a single registration. When invited, we attend strategy discussions when the investigation concerns a: Ofsted does not hold a statutory responsibility for child protection matters, but we work together with other statutory agencies by sharing information we hold to protect the welfare of children and young people. In some circumstances, we can impose, vary or remove conditions of registration. We may issue a warning letter where we have a reasonable belief that an offence is being committed. We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. We may consider these further if a provider reapplies for registration. It makes clear that to protect children in their care, providers must be alert to any safeguarding and child protection issues in the child's life at home or elsewhere (paragraph 3.4 EYFS). We may prosecute a person who knowingly employs a disqualified person. will 2 numbers win anything in powerball; caster semenya baby father; If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. It was designed to protect employees in the workplace and applies to settings with 5 or more employees. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Local authority childrens services arrange strategy discussions to assist them in deciding whether the information they hold about a child meets their threshold to investigate a child protection concern and, if so, the steps they need to take in response. We will write to the provider to let them know we have done this. If necessary, we can impose a further 6-week period of suspension on the same grounds, and in exceptional circumstances we can suspend beyond this. We will confirm our objection decision in writing. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. If you work in Early Years it is important you comply with safeguarding measures and understand fully what safeguarding is, understand the different types of abuse and your role in terms of safeguarding. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. We will work closely with the local authority and the police when there is a section 47 investigation. If the First-tier Tribunal decides not to review the decision, or reviews it and decides to take no action, the party can apply for permission to appeal. In these instances, we also write to the provider giving them the information and asking them to take appropriate action. These signs should be clearly visible and readable and, if not obvious, contain the details of the organisation . Development means physical, intellectual, emotional, social or behavioural development. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. They can apply to us to waive their disqualification. This is sometimes also referred to as voluntary cancellation or resignation. If a childminder agency is not meeting the requirements of the relevant regulations, but the inspector judges that leadership has the capacity to remedy this quickly, we will set actions. Even if we uphold the providers objection to these other issues, we must still serve a notice of our decision to cancel the registration on the grounds that the registered person is disqualified, unless they provide evidence that the information we have about the disqualification is inaccurate and they are not disqualified. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. We must make clear that, to do this, we may carry out our own enquiries to determine that the registered setting continues to be fit to provide a service. Ofsted neither endorses nor prevents the use of CCTV. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, if we have already served the provider with an NOI to cancel registration, we will not remove the provider from the register unless we have decided not to pursue cancellation. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. Well send you a link to a feedback form. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. Section 70 of the Childcare Act 2006 sets out that a childminder agency may give notice to Ofsted of their wish to be removed from the register. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. It is also an offence to knowingly employ a disqualified person in connection with this provision. what was the role of the suspect in the offence (particularly where there are multiple suspects)? For example, we will not impose a condition that is less onerous or less restrictive than a statutory requirement or appears to have the effect of removing a statutory requirement. Some enforcement actions allow periods for written representations and appeals before the action takes effect. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Parenting, childcare and children's services, Performance and inspection of childcare providers, Early years and childcare: Ofsted's enforcement policy, Our enforcement actions: Early Years Register, Our enforcement actions: Childcare Register, Our enforcement actions: childminder agencies, Unregistered childcare providers and provision on unapproved premises, nationalarchives.gov.uk/doc/open-government-licence/version/3, Early Years Register enforcement actions section, Childcare Act 2006 and its associated regulations, The Childcare (Early Years Register) Regulations 2008, Statutory framework for the early years foundation stage (, The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, The Childcare (General Childcare Register) Regulations 2008, The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014, The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014, Childcare (Early Years Register) Regulations 2008, apply to Ofsted for approval before operating a nursery or other daycare from additional premises, Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, appeal to the First-tier Tribunal against each period of suspension, registration requirements of The Childcare (General Childcare Register) Regulations 2008, appeal to the Tribunal against each period of suspension, providers registered as childminder agencies, registration guidance for childminder agencies, Regulation of Investigatory Powers Act (RIPA) 2000, section 45 of The Safeguarding Vulnerable Groups Act 2006, section 45(3) of the Safeguarding Vulnerable Groups Act 2006, Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, notify Ofsted of certain significant events, section 26(1) of the Criminal Justice and Courts Services Act 2000, forms and other information for the First-tier Tribunal, Police and Criminal Evidence Act 1984 (PACE Act), guidance on reporting accidents and injuries, Tell Ofsted about adults leaving the home, Report changes to registered people in your nursery or other daycare. Under the same Act, providers have a legal duty to refer to the DBS when the conditions are met, and it is an offence to fail to provide relevant information to the DBS without a reasonable excuse. They will also update the published outcome summary to show whether the WRN actions have been met. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. We will send an NOI to cancel at the same time. We do not serve an NOD until at least 14 days from the service of the NOI. Otherwise, the application will be refused. staff and parents/carers being aware of e-safety issues. Therefore, although the history of the registration will remain relevant, the Tribunal can also take account of evidence that has come to light since the decision to cancel was made, including evidence gathered at monitoring visits. They can only apply for a review if they believe there is an error of law in the decision. Other offences do not need any steps before bringing a prosecution. These are: We have a range of enforcement powers to use in regulating childminder agencies, including: We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. For these providers, in most cases, we will carry out a compliance inspection to make sure that the provider continues to meet requirements and remains suitable for registration. If the annual fee is not paid, we will cancel the registration unless we are given notice that the provider wants to be removed from the register. We exercise these powers to reduce the risk of harm to children who use regulated early years services, to enforce compliance with the law and to improve the quality of services. We may respond to concerns in one of the following ways: We inform the registered provider (or its nominated individual) that we are looking at a concern and of any information we have that suggests non-compliance. The act specifies duties that employers and employees must fulfil. See guidance on how to tell if you might be disqualified. If we intend to refuse an applicants registration for additional or different premises, we will serve an NOI setting out the reasons for the refusal. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. If we proceed to serve an NOD refusing registration, it means a person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. We may also notify and/or share information with other relevant agencies that we have served a warning letter. Working Together to Safeguard Children (2018) - sets out role, responsibilities and best practices for agencies and organisations that come into contact with children including early years settings, social services, care providers and police. It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. If a person has previously received a caution, we would not normally consider issuing a further caution. We may take an Ofsted caution into account when making any judgements about the registration of a person or body, including their suitability to be registered. This includes notifying us of any other significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises on which childcare is provided to look after children. Yes (no qualification to any person, and not required to notify Ofsted of action taken), Serious accident (including food poisoning affecting 2 or more children) or injury to, or death or illness of, any child while in their care, and the action taken (see, Yes (not required to notify Ofsted of action taken). They must include a copy of the notice against which the appeal is brought, and an appeal application form. The Tribunal must provide each party with: In certain circumstances, either party may apply to the principal judge of the Tribunal for a review of the decision. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. A failure to meet this requirement may lead us to consider taking enforcement action. We will always write and publish an outcome summary after any type of regulatory activity, if we or the provider have identified a breach of requirements, including if the provider has already taken action to address this. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. Therefore, if a provider on the voluntary register continues to provide childcare while suspended, we may consider whether this warrants a review of that registered persons suitability to remain registered. We will also review all information to see if it is appropriate to pass on to the provider to help them take the action they need to. Change to the registered person, nominated individual or manager. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. Section 70 of the Childcare Act 2006 also sets out that if we have already served the childminder agency with an NOI to cancel registration, we will not agree to the request for removal unless we have decided not to take that step. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. an early years setting. We exercise these powers to reduce the risk of harm to children who use regulated early years services, as well as to protect children from unregistered services, to enforce compliance with the law and to improve the quality of services. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. It is an offence for a person who is so disqualified to: A childminder agency must not employ a person disqualified from registering as a childminder agency in any capacity that involves being directly concerned in the management of a childminder agency or where they may enter premises on which early or later years childcare is being provided. In some cases, we may take steps to cancel a registration while a suspension is in place. If we have concerns about the provider, we will keep the information on record because we may wish to consider this should the provider seek future registration with Ofsted. Once registration has been granted, if we are concerned that a requirement is not being met, we may use a condition as a means of enforcing that requirement. The provider must notify us by email (or by letter if email is not possible), within the specified timescale, about the action that they have taken to meet the requirements. This will be based on the evidential test and public interest factors set out above. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. The person can appeal to the Tribunal. The children's Act 1989. It is an offence for a provider registered on the Early Years Register and/or compulsory part of the Childcare Register to fail to comply with a suspension notice. press Ctrl + P on a Windows keyboard or Command + P on a Mac The police or local authority have to decide how much information they are willing to place in the public domain, without it having a negative impact on their investigation. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. This may result in Ofsted initiating and completing its enquiries before the child protection investigation is completed, ask that we receive minutes from future meetings (if we intend to take no further action) to enable us to reassess whether there is further information that needs us to become involved again, noting low-level concerns to consider at the next visit or inspection, carrying out an inspection without notice, carrying out regulatory activity by telephone or video call, carrying out a regulatory visit, with or without notice, inspect, and take copies (either by photocopying or taking a photo with an Ofsted mobile telephone or tablet computer) of any records kept by the person providing the childcare and any other documents containing information relating to that provision, seize and remove any document or other material that the inspector has reasonable grounds to believe may be evidence of a failure to comply with any relevant condition or requirement (however, we would usually take photos as explained above), observe any children being cared for there, and the arrangements made for their welfare, interview in private the childcare provider, interview in private any person caring for children or living or working on the premises who consents to be interviewed, is complying with the relevant legislation, is meeting statutory requirements and remains suitable for registration, has committed an offence under the Childcare Act 2006 or associated regulations, we carry out any type of inspection, because the inspection report will set out any breaches of requirements that we find and any action taken, we suspend a providers registration, because we use other ways to let parents and carers know about the suspension. A person who is disqualified must not provide early or later years childcare provision that requires registration or be directly concerned in the management of this provision. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. 6. Understand legislation and guidelines for health and safety in Early Years Settings Assessment criteria: 1.1 Outline the legal requirements and guidance for: health and safety, security Health & Safety at Work Act 1974 (HASAWA) Applicants may not withdraw their application after that point unless we agree that they can do this. However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. We serve an NOI setting out the reasons for the action proposed. Teaching children safe methods for carrying equipment, such as scissors or chairs. Our privacy notice for childcare sets out what personal information we collect, what we do with it, how long we keep it and individuals rights under data protection legislation. It is for providers to decide whether these arrangements are appropriate and operated in line with the GDPR, the Data Protection Act 2018 and the Human Rights Act 1998. If we take action to suspend or cancel the registration of a childminder or childcare provider, we tell the local authority where the provider is located. If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. Days and hours during which later years childcare is to be provided. We take into account: We may ask the applicant for more information or to get a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate, as appropriate, from the DBS. We can suspend registration for all a providers settings or for particular premises. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. See more. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. Staff and parents will feel secure knowing that policies are regularly reviewed to ensure that they meet all the needs of those working in the setting, and take into account the possible changes that could have happened in the Early Years Sector and law. Any photos taken with an Ofsted mobile phone, computer or tablet will be deleted from these devices once they have been transferred to our systems. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. We do not routinely prepare press releases in advance of any prosecution, but we will respond to media enquiries through our press office about a prosecution or other matters. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. The applicant may make an objection to Ofsted. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. A court may only convict if it is sure that the defendant is guilty. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. Ofsted will decide whether to discontinue a prosecution. We will consider raising an action when both of the following apply: If actions are set at inspection, they will be listed in the inspection report and followed up at the next inspection. We will not impose a condition that conflicts with the legal requirements. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. Unlike when Ofsted cancels the registration of a childminder agency, we will not automatically accept childminders that were registered with an agency if the agency gives notice for voluntary removal of their registration. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu.
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