If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. Relevant offences under the Childcare Act 2006 apply to childminder agencies. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. A failure to meet this requirement may lead us to consider taking enforcement action. Act 1974 (HASAWA) The Management of Health and Safety at Work Regulations 1999. Using the Early Years Coalitions own words: because these refer to behaviours and dispositions of the child, not the adult. Child Profiles Recommended Tablets They often have a private function, such as providing social care or education. For childminders and providers of childcare on domestic premises, people may be disqualified by association. If a person applies to register as a childminder with us after we have served an enforcement notice, we will revoke the notice if we grant registration. 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. This document is a non-statutory guide to support practitioners. to what extent was the offending premeditated and/or planned? It lasts until we revoke it. An Ofsted caution is not disclosable as a part of any DBS check. If an offence is committed by a registered provider, we will consider whether we should take regulatory enforcement action (such as cancellation of registration) instead of a criminal investigation. This will depend on the nature and seriousness of the offence. We do this to allow the registered provider to take action before we do. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. Prosecution for some offences can only be brought after we have taken certain procedural steps. In this case, the provider may make an objection to Ofsted. This can be announced or unannounced. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). It takes effect as soon as the notice is served. 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. Although enforcement action such as suspension or cancellation does not necessarily stop the provision of childcare for which registration is not required, it will impact on the providers registration. This will determine whether any safeguarding or enforcement action is required. Suspension would apply to their non-domestic premises too. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? The DBS is responsible for deciding whether to include a person on a barred list. If the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. The waiver process and registration process are different processes. The Oxford Biblical Studies Online and Oxford Islamic Studies Online have retired. Name: Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. If we have judged a provider as inadequate at 2 consecutive inspections and there is no improvement, we would usually take steps to cancel their registration. Development means physical, intellectual, emotional, social or behavioural development. 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. Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was, and is to be used until the new EYFS is finally implemented. Our view that there is a realistic prospect of conviction must be based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or that they might rely on. We will work closely with the local authority and the police when there is a section 47 investigation. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. This applies to those registered on Part A of the General Childcare Register only. The greater the suspects level of culpability, the more likely it is that a prosecution is required. Dont include personal or financial information like your National Insurance number or credit card details. Early Years Observations The protection of children is paramount to our approach to enforcement. Many professionals from a variety of backgrounds may become involved in a child's life at any point. If appropriate, we encourage the person to apply for registration. This helps us to determine the waiver application. It is important that media enquiries are directed to our press office. Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. Early years providers must meet the requirements of the EYFS. Health means physical or mental health. We will retain information about the concerns that led to suspension. This is known as the 50% rule. The law gives Ofsted a range of powers to regulate early years settings. 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). Birth to 5 Matters is a guide for Early Years practitioners. In refusing, we must be clear that the reason for refusal is because of the disqualification. 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. 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. If the applicant, provider or childminder agency tells us, in writing, that they do not intend to appeal against the decision, the decision takes immediate effect. When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. We must record this decision on our internal system. The document was developed and launched on 31 March 2021 by the Early Years Coalition. It informs the person that if they are committing the offence, they should stop immediately. 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. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. If we only suspend the registration in relation to their non-domestic premises, they will still be able to continue to operate from their domestic premises. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. Ofsted has the power to waive disqualification. Development Matters is non-statutory guidance for the Early Years Foundation Stage. 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. act immediately on any information that suggests that the welfare of children is not safeguarded or that they are at risk of harm or being harmed. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. If we decide to refuse registration, the notice remains in effect. 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. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. We will only use clear, proportionate and reasonable conditions. Instant messaging In this case, the person may make an objection to Ofsted. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. If you fail to inform us you may commit an offence. If we decide to lift the suspension, we will inform the registered person. If we do not uphold the objection, we will set out the reasons in the outcome letter. We may consider these further if a provider reapplies for registration. The person can appeal to the Tribunal. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. Allegations of serious harm or abuse by any person living, working or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere) and any relevant actions taken. Reports, Book a DEMO We will not impose a condition that conflicts with the legal requirements. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. 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. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. 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. Please see our guidance on how to object to an NOI. Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3. These events are hosted by the Children and Young Peoples mental health team at Transformation Partners in Health and Care, formerly known as Healthy London Partnership, Sessions for Professionals to support parents/ caregivers on the toilet training journey, Copyright 2021 Lilla Huset | Terms & Conditions | Privacy Policy | Website by isev, Specialist Dyslexia, Literacy & Numeracy Support Services, School Health, Safety & Business Continuity, Human resources (HR) Advisory, Administration & Occupational Health Services, HSEs guidance about choosing a first aid training provider, voluntary aid societies (St John Ambulance, the British Red Cross and St Andrews First Aid, who together are acknowledged byHSEas one of the standard-setters for currently accepted first aid practice for first aid at work training courses), those who operate under voluntary accreditation schemes, one that is a member of a trade body with an approval and monitoring scheme, those who operate independently of any such accreditation scheme. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. Nursery Software Failure to comply with the notice is an offence. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. 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. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. Change of member of the partnership, committee or corporate or unincorporated body. Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. They must apply in writing no later than 1 month after the First-tier Tribunal made the decision to refuse permission to appeal. Providers should ensure there is always a first aid box accessible with appropriate content for use with children. 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. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served. 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. The types of enforcement actions we can take against providers breaching the requirements of the Childcare Register include: We will consider enforcement action where appropriate, including for those providers that are registered only on the voluntary part of the Childcare Register (and whose activities do not require registration). We can suspend a providers registration under section 69 of the Childcare Act 2006 and the The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. We may consider these further if a provider reapplies for registration. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? If a registered person or other staff member employed at the setting refuses to cooperate, the inspector will explain our powers under the Childcare Act 2006 to enter the premises.
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