Early years settings should ensure that parents are signposted to resources and support regarding online safety at home and they will be expected to show evidence of this. We will not impose a condition that conflicts with the legal requirements. For registered providers, the burden of proving the case rests with Ofsted. 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. They apply to the early years providers and agencies that we regulate. It was designed to protect employees in the workplace and applies to settings with 5 or more employees. All rooms and equipment used by children and young people should have regular checks to ensure . It is an offence to fail, without reasonable excuse, to comply with a condition of registration. Change to the name or registered number of the company or charity providing care. They must include a copy of the notice against which the appeal is brought, and an appeal application form. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. In considering whether or not a person is disqualified, we also consider the provisions in the Rehabilitation of Offenders Act 1974 and The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which set out when convictions and cautions become spent. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. We will not publish an outcome summary when: We publish outcome summaries on the same page as the provider reports on our reports website. At the same time, EYPs We will retain information about the concerns that led to suspension. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). Good practice is best achieved by embedding e-safety across all areas of the early years provision. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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). 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. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. If we have concerns about an applicant who withdraws their application, we will record our concerns and may consider them if the applicant applies to register in the future. They apply to the early years providers and agencies that we regulate. 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. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. The applicant may make an objection to Ofsted. 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). If a person has previously received a caution, we would not normally consider issuing a further caution. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Corporate Security Officer. Any setting should have clear policies and procedures about all aspects of health and safety. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. The protection of children is paramount to our approach to enforcement. 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. 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 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. The EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children's safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. Get quality help now writer-marian Verified writer Proficient in: Health 4.8 (309) We can suspend registration for all a providers settings or for particular premises. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. We cannot serve a WRN for failure to meet learning and development requirements. You can also use these options and change the printer destination to save the content as a PDF. Under The Data Protection Act 1998, if you use CCTV on your premises you have a legal requirement to provide adequate signage stating that it is in operation. 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. We consider information about unregistered services and provision on unapproved premises and take appropriate action. Age. If we have concerns about an applicant who withdraws their application before an NOI to refuse is served, we will record our concerns and may consider them further if the applicant applies to register in the future. has actual harm been caused or was there a risk of harm being caused? This will be based on the evidential test and public interest factors set out above. We will not impose a condition that conflicts with the legal requirements, including the EYFS. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. They are based on four overarching principles, including: Children learn and develop best in an enabling environment Children are unique, learn constantly and can become resilient, capable, confident and self-assured Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? 2. This policy is also applicable where staff or individuals have been provided with setting issued devices for use off-site, such as a work laptop or mobile phone. However, if there is a sufficient lapse of time to suggest that a previous caution was a significant deterrent (2 years or more), or the subsequent offence is unrelated, we may consider a further caution. It will also include observations and . However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Details of any order, determination, conviction or other ground for disqualification from registration that affects either: Details of any criminal convictions and cautions of the nominated individual or anyone applying to register to provide later years provision. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. 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. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. This is because it may jeopardise other agencies investigations. However, when viewed in the context of other recent events and information, it may suggest greater concern. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. Ofsted neither endorses nor prevents the use of CCTV. In refusing, we must be clear that the reason for refusal is because of the disqualification. A provider may be registered on both the Early Years Register and the Childcare Register. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children may be suffering or likely to suffer harm. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. 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. For childminders and providers of childcare on domestic premises, people may be disqualified by association. Dont include personal or financial information like your National Insurance number or credit card details. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. It is an offence to provide childcare on non-approved premises. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. We will do this by asking ourselves the questions at b) and c). requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. 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. 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. We may receive a concern about a registered provider on the Childcare Register. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. The legal definition of harm is as set out in section 31 of the Children Act 1989. SAFEGUARDING CHILDREN IN THE EARLY YEARS 5 above that practitioners in early years settings have a particular role to play in ensuring that children are safeguarded from harm. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. When an external agency investigates concerns and makes decisions about the welfare of children, we continually reassess whether the registered provider continues to meet the regulations and/or remains suitable for registration. You have accepted additional cookies. There are 4 aspects to Ofsteds regulation of childminder agencies. We would expect to receive a waiver application from the registered person within 14 days. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. It does not give us any discretion not to do so. The initial period of suspension is 6 weeks. If a provider refuses a caution, we will usually proceed to prosecution. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. We will review the response. This will not result in disqualification. An Ofsted caution is not disclosable as a part of any DBS check. Some regulatory cases will remain open until we know the outcome of any legal action. The waiver process and registration process are different processes. 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. 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. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. 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. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. Although Ofsted will participate in all relevant discussion about the suitability of the registered provider, we are not the decision-maker and do not take part in the decision-making process. 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. Children are encouraged to maximise the benefits and opportunities These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. Over the years many local authorities have made changes to improve record keeping in children's services, including early years settings. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? We must write to the registered person and tell them that the law requires us to cancel their registration. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. 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. The registered person can appeal to the First-tier Tribunal against each period of suspension. The Tribunal must consent to the withdrawal. We may specify the extent to which we agree to waive a disqualification. An enforcement notice takes immediate effect from the date it is served. 9. The letter sets out the actions that a provider must take by a certain date to meet the requirements. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. Safeguarding procedures in early years' setting have been created to ensure that the children are being provided with effective and safe care, and all efforts are being made to ensure that they have the best possible future. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. After 28 days, the decision takes effect, unless the agency has appealed to the First-tier Tribunal, in which case they remain registered until the appeal is determined. 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. May 2000 - Dec 20099 years 8 months. This applies to those registered on Part A of the General Childcare Register only. When a registered childminder agency has failed to respond and/or we have lost confidence in their ability to make and sustain improvements to meet regulations, we may decide to cancel their registration. To ensure that the policies and procedures are followed effectively the school should: Ensure that all staff are aware of the policies and have a duty to co-operate with them. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. 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. This will usually be an inspection but may be other regulatory activity. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. Research has found that raising the retirement age to 70 would cut monthly Social Security payments for early retirees by about 15 percent. The childminder agency remains registered until 28 days after we have served the NOD to cancel. 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. what was the period, or extent, of the offending? We will also consider referral to the DBS or other agencies if appropriate. Ofsted will decide whether to discontinue a prosecution. We will review their response and may inspect again to check that they are meeting all the regulations. This qualification meets the needs of candidates who work or want to work in a wide range of early years set tings covering the age range 0-5 years for example in the roles of: In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. There are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a provider whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. We may choose to gather further information and evidence before we make a decision about what enforcement action, if any, we will take. In this case, the agency may make an objection to Ofsted and appeal to the First-tier Tribunal once the NOD has been served, either after the NOI has been served or after an unsuccessful appeal. The appeal must be made in writing within 28 days of the date of our decision letter. The children's act 1989 is a British act of parliament that changed the law concerning children; the law introduced the idea of 'Parental responsibility' i.e. press Ctrl + P on a Windows keyboard or Command + P on a Mac Legislations are important throughout any work environment and society as without them we are not protected from hazards and promoting safety in the workplace. However, we have no power to waive the disqualification if a person: If this is the case, we write to the individual to inform them that we cannot waive their disqualification. Key indicators of effective management include: ensuring e-safety is seen as a priority by managers and that a consistent approach is being adopted across the whole organisation. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. This section applies to providers registered as childminder agencies. We may also take this into account when determining any new application for registration. Security Policy Purpose of Policy . The Code was updated January 2015. For our regulatory activity, we will write and publish an outcome summary to report on any breaches of requirements that we find and any action taken. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. It is also likely to be in the public interest to prosecute where not holding the person to account is likely to undermine public confidence, or the confidence of registered providers, in the system of regulation. Ofsted requires all settings to have a set of policies and procedures. This can be announced or unannounced. 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.