We will not be involved directly in these investigations. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. A warning letter sets out the offence that we reasonably believe is being committed. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. While 3 or more notifications from a provider may indicate that there are serious weaknesses within the setting, they could also indicate that the provider is dealing proactively with issues that arise and complying with their legal responsibility to notify us appropriately. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. 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 we are satisfied that a provider has met the actions, we will confirm this by responding to the email and updating the published outcome summary. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. Other offences do not need any steps before bringing a prosecution. The challenge is for the childs community (parents, settings and practitioners) to provide opportunities for positive relationships, enabling environments that encourage their engagement and recognise their strengths. We may carry out checks on childminders so that we can establish whether they are disqualified. The letter sets out the actions that a provider must take by a certain date to meet the requirements. Common features of the early years framework depends on the nation as they may have a different approach to the care and education of young children but they do all have some common . If we intend to refuse an applicants registration, we will serve an NOI. TheEYFSrequires that at least one person who has a current paediatric first aid (PFA) certificate should be on the premises and available at all times when children are present and should accompany children on outings. Failure to notify us of these events, without reasonable excuse, is an offence. An Ofsted caution is not disclosable as a part of any DBS check. However, when viewed in the context of other recent events and information, it may suggest greater concern. 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. This is to make parents and the public aware of any concerns and action taken at the childcare setting. 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. However, we will not impose at this stage a condition that replicates a legal requirement. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements under the Childcare (Early Years Register) Regulations 2008. They apply to the early years providers and agencies that we regulate. This will include all settings within the registration. In these cases, we may carry out regulatory activity or an inspection. We will consider taking action against them where the investigation reveals that the offence was committed with their consent or connivance or was attributable to their neglect, and where it would be appropriate to do so in accordance with this policy. The registered person can appeal to the First-tier Tribunal against each period of suspension. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. We may consider these further if a provider reapplies for registration. If the childcare is provided by a partnership, body corporate or unincorporated association whose sole purpose is the provision of childcare, any change to the individuals who are partners in it, or any change in a director, secretary or other officer or members of its governing body. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. We will review the response. 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. We would love to chat with you! We will not impose a condition that conflicts with the legal requirements. what was the suspects level of involvement? This does not automatically mean we will grant registration. We will only consider this stage if the evidential test is met. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. The EYFS framework sets the standards that all early years providers must meet so that children learn and develop well, ensuring children are kept healthy and safe and that children have the knowledge and skills they need to start school. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. We will write to the applicant to let them know we have done this. Introduction. If a provider refuses a caution, we will usually proceed to prosecution. Where a provider has more than one setting on their registration, we may choose to suspend individual settings or the whole registration, depending on the nature of the concerns. Community involvement is beneficial in every area of life and particularly during the early years, Record the story of a childs development and mark the milestones and achievements of our future superheroes. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. Some will be delivering statutory services and may be run by volunteers, such as library . Providers should ensure there is always a first aid box accessible with appropriate content for use with children. In this case, and when the providers inspection history does not give us cause for concern, we note the information so that it can inform the next visit or inspection. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. However, if a provider does not agree to this, the inspector will highlight Ofsteds legal power under section 77(d) of the Childcare Act 2006 to take measurements and photographs or make recordings. Pricing Name: If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. We expect providers to be open and honest with us when providing these contact details and ensure that details are provided for all children who attend, including family members and those who may only attend part time and/or only before and after school. has the suspect displayed genuine remorse and shown insight into the offending? For registered providers, decisions do not come into effect until either: For applicants for registration, the decision to refuse registration takes effect on service of the NOD. We may issue a warning letter where we have a reasonable belief that an offence is being committed. If you have any concerns around safeguarding or SEND then you may find that support is needed for the child and their family. 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 the agency informs us that they do not intend to appeal to the Tribunal, the decision takes effect at that point and the agency is no longer registered and the childminders registered with the agency are no longer able to operate. FAQ, Parents App Apple Under the 50% rule, we cannot suspend providers from operating only on domestic premises. We follow our safeguarding policy and statutory government guidance in Working together to safeguard children and will always carry out an assessment of risk on receiving any information. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children are suffering or likely to suffer harm. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. Health means physical or mental health. The registered person can appeal to the Tribunal against each period of suspension. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. It is an offence to knowingly do so. 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. These are: If you are registered on both the Early Years Register and the Childcare Register, you should refer to the Early Years Register enforcement actions section in the first instance. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. It is a fundamental principle of administrative law that a public body may only do what it is empowered or required to do by statute, whether expressly or by necessary implication, and must also act in accordance with its statutory functions and duties. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. Every child is capable of learning; they are all naturally curious, and they certainly interact with the world in different ways. Early Years Careers provides a supportive forum where Early Years professionals can value the sharing of best practice to help deliver outstanding practice in Early Years settings and enhance Continuous professional development. If we consider that a provider is failing (or has failed) to meet one or more of the safeguarding and welfare requirements of the EYFS, we may serve a welfare requirements notice (WRN) under Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012. If we decide to lift the suspension, we will inform the registered person. They should also demonstrate how the action taken A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. Development means physical, intellectual, emotional, social or behavioural development. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. We will retain information about the concerns that led to suspension. In this case, the person may make an objection to Ofsted. They must include a copy of the notice against which the appeal is brought, and an appeal application form. We will also carry out our own assessment of whether the provider meets the requirements for continued registration and decide on the appropriate action to take. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. This includes arrangements for off-site activities involving young children such as educational visits. Training is available from a wide range of providers including: Theregister of regulated qualificationsmay help providers to identify paediatric first aid providers. 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. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. 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). A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. The disqualification provisions are set out in section 75 and section 76 of the Childcare Act 2006 and in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. We will notify the applicant in writing, usually by email, of our decision. However, we will only suspend where we believe there may be a risk of harm. , By continuing to use the site, you agree to the use of cookies. Nursery Software We will carefully consider the application and the circumstances of the disqualification. We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. Non-statutory bodies are organisations or institutions that are not regulated by law. Child Profiles We must also agree with the other organisations what information we can share with the registered provider about the concern. Ofsted may share information about registered providers and other individuals electronically with other agencies, such as the Department of Work and Pensions, His Majestys Revenue and Customs and the Student Loans Company. It does not give us any discretion not to do so. When we receive an application to register, Ofsted will consider whether the childminder agency meets, and is likely to continue to meet, the requirements of The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014. Section 68 of the Childcare Act 2006 sets out grounds for cancellation as follows: If a registered person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. Some examples of Statutory bodies in India are: National Commission For Women Limiting the decision to waive disqualification in this way means that the individual has to reapply if their circumstances change or the risk to children changes. Days and hours during which later years childcare is to be provided. Ofsted neither endorses nor prevents the use of CCTV. In some cases, we may take steps to cancel a registration while a suspension is in place. 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. Any significant event, or change to health, that is likely to affect the suitability of the registered person or any person who cares for, or is in regular contact with, children on the premises to look after children. Failure to comply with the notice is an offence. 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. If the disqualification relates to a member of staff at a childminding or childcare setting, the registered person commits an offence if they continue to employ the disqualified person after our refusal. If we refuse registration, the person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. Therefore, we will check that the whole premises are suitable. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. For childminders and providers of childcare on domestic premises, people may be disqualified by association. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. A registered provider, who, without reasonable excuse, fails to comply with this requirement, commits an offence. This will depend on the nature and seriousness of the offence. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. We challenge decisions that we believe will not do this. We have rephrased Creating and thinking critically to Thinking creatively and critically to place a stronger emphasis on the thinking skills that are central to the creative process.. This will set out the reasons for the refusal. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? The applicant may make an objection to Ofsted. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. We encourage applicants to give us as much information as possible, including details of their job description if they are applying for a specific role. This is sometimes also referred to as voluntary cancellation or resignation. The order will remain in place until the appeal is determined. We may also seek to impose conditions in an emergency. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. The Tribunal will consider whether cancellation remains appropriate at the point when the appeal is determined. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. This means that their existence and powers are not set out in legislation. These actions are included in the compliance inspection letter. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. 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. If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. This framework will remain in force until further notice. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom early years provision is being or may be provided, is suffering or is likely to suffer significant harm, we may apply to the family proceedings court for an emergency order to: The legal definition of harm is as set out in section 31 of the Children Act 1989. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. All childminders still registered with the agency at the point of cancellation will be transferred to Ofsted, unless they are disqualified or we think they may be disqualified. The law gives Ofsted a range of powers to deal with: This policy sets out the principles and approach we will follow when exercising our enforcement powers. 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. Its guidance goes on to state that harm is considered in its widest context and may include: In some cases, we may decide to refer an individual to the DBS before we have gathered all the evidence relating to misconduct, but when the limited information that we have satisfies the relevant tests for referral. The Ofsted caution is non-statutory and not recorded on the Police National Computer. We suspend registration if we reasonably believe that the continued provision of childcare by the registered person to any child may expose the child to a risk of harm. We serve an enforcement notice under section 33 of the Childcare Act 2006. The waiver process and registration process are different processes. We will retain information about the concerns that led to suspension. Your Local Education Authority Training Courses, Female Genital Mutilation online training course, National Childrens Food Festival Week 2016, Celebrating National Childrens Food Festival 2016, Early Years Mock Ofsted Inspection Booklet. Otherwise, the application will be refused. Statutory organisation Statutory services are provided by the National Health Service and social care, education and early years services mainly through local authorities.
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