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. This happens if they live on premises where a disqualified person lives or works. 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. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. We will write to the applicant to let them know we have done this. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. We will carefully consider the application and the circumstances of the disqualification. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. It is worth noting that blocking some types of cookies may impact your experience on our website and the services we are able to offer. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? Support adults and provide a service to adults at risk who are experiencing abuse, neglect and exploitation. We must write to the registered person and tell them that the law requires us to cancel their registration. 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. The Early Years Foundation Stage (EYFS) requires early years practitioners to review children's progress and share a summary with parents at two points: between the ages of 24 and 36 months via the progress check; and; at the end of reception via the EYFS profile. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. We may also seek to impose conditions in an emergency. Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. 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. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This section applies to providers registered as childminder agencies. Early years education providers, including schools, must meet the paediatric first aid requirements set out in the statutory framework for the early years foundation stage (EYFS). The principles of the EYFS emphasise that each child is unique and develops in different ways. We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. Help & Knowledge Base If the concern does not prompt an immediate inspection, we may refer it back to the provider to take action and will check what they have done at their next Childcare Register inspection. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. 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). Under the 50% rule, we cannot suspend providers from operating only on domestic premises. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. 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. 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). [footnote 1]. 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. Introduction. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. 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. During that time, childminders registered with the agency are still able to operate. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements of The Childcare (General Childcare Register) Regulations 2008. Pricing Tribunal hearings take place around the country or remotely. They are both non-statutory and schools and settings can decide how to use them to best support their practice and provision. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. 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. 5.3 Explain the roles and responsibilities of other agencies and professionals that work with and support Early Years Settings, both statutory and nonstatutory Qualification: NCFE CACHE Level 2 Diploma for the Early Years Practitioner Unit: EYP 1: Roles and responsibilities of the Early Years Practitioner Learning outcome: 5. 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. Therefore, we will check that the whole premises are suitable. Development Matters - DfE Non-statutory curriculum guidance for the early years foundation stage September 2020 Development Matters - non-statutory curriculum guidance for EYFS (publishing.service.gov.uk) If we cancel a childminder agencys registration with Ofsted, any childminders who are registered with the agency (unless they are disqualified or we think they may be disqualified) will have their registration transferred to Ofsted when the decision takes effect. We may consider these further if a provider reapplies for registration. 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. If information comes from an anonymous source, we encourage them to speak directly to the provider. 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. We have the power to impose conditions at the point of registration of a childminder agency. 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. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. In most circumstances where notice is given, we will remove the agency from the register. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). If we do not uphold the objection, we will set out the reasons in the outcome letter. We will write to the applicant to let them know we have done this. 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 must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. non- profit - distribution and includes a degree of voluntarism" (Ronald et al, 2012: 52). An Ofsted caution is not disclosable as a part of any DBS check. The waiver process and registration process are different processes. 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 refusing, we must be clear that the reason for refusal is because of the disqualification. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. The appeal must be made in writing within 28 days of the date of our decision letter. At the same time, new sections on play, characteristics of effective learning, and self-regulation are designed to help practitioners reflect on and develop their own pedagogy. It informs the person that if they are committing the offence, they should stop immediately. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. 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 specify the extent to which we agree to waive a disqualification. We may issue a caution against any person, whether registered with us or not, who commits an offence for which we are the prosecuting authority. This is in addition to the body corporate being guilty. 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. Ofsted has the power to waive disqualification. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We will retain information about the concerns that led to suspension. When we decide to revoke a notice, we send the person confirmation of our decision in writing. See forms and other information for the First-tier Tribunal. In these circumstances, the childminders that were registered with the agency will have to apply to register with Ofsted or another agency if they wish to continue. This includes cancellation when we have been unable to establish contact with a provider and can no longer be satisfied that they are meeting the registration requirements. We can only suspend registration if we are satisfied this test is met. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. They can only apply for a review if they believe there is an error of law in the decision. There is no obligation on a provider to accept a caution. We must receive their application to waive disqualification within 14 days of receipt of the NOI. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. In some circumstances, we can impose, vary or remove conditions of registration. This is to make parents and the public aware of any concerns and action taken at the childcare setting. Days and hours during which later years childcare is to be provided. The evidential test is a different test from the one that the criminal courts must apply. Notification should be made as soon as is reasonably practicable, but in any event within 14 days of the incident occurring. We can use our power to refer where we think a person has either: The harm test is set out in section 45(3) of the Safeguarding Vulnerable Groups Act 2006. It takes effect as soon as the notice is served. These events must be notified in advance where practicable, and otherwise as soon as reasonably practicable, but in any event within 14 days of when the event occurred. Our website uses cookies, mainly from 3rd party services. It can help to design an effective early years curriculum, building on the strengths and meeting the needs of the children you work with. We may consider these further if a provider reapplies for registration. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. This will be based on the evidential test and public interest factors set out above. Content you previously purchased on Oxford Biblical Studies Online or Oxford Islamic Studies Online has now moved to Oxford Reference, Oxford Handbooks Online, Oxford Scholarship Online, or What Everyone Needs to Know. The law also disqualifies some people from registering as an early or later years childminder agency (section 76A and section 76B of the Childcare Act 2006). Web Design with by Digital Craft. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. If you would like to send your feedback, please write to us on [email protected]. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. Recommended Tablets Statutory- is a term used for setting that are government funded, and they have to be avaliable by law, such as schools, social workers, libraries. For those registered on the Early Years Register and the Childcare Register, the law requires us to cancel the registration of a registered person who becomes disqualified. We may prosecute a person who knowingly employs a disqualified person. It will take only 2 minutes to fill in. The sudden serious illness of any child for whom later years provision is provided. However, a provider may be able to guess their identity from the information provided. Dont include personal or financial information like your National Insurance number or credit card details. This will report on any breaches or requirements that we find and any action taken. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. Employers are responsible for identifying and selecting a competent training provider to deliver theirPFAtraining. Click to enable/disable Google Analytics tracking code. We must also agree with the other organisations what information we can share with the registered provider about the concern. non statutory agencies in early years non statutory agencies in early years. 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. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. The registered person can appeal to the First-tier Tribunal against each period of suspension. See our directed surveillance policy for more information. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. Early Years Sector NOT Recognised Under Self Isolation. . Failure to comply with the notice is an offence. We will write to the agency to let them know we have done this. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. In this context, harm means ill-treatment or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. 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. They often have a private function, such as providing social care or education. They do not need to tell us what action they took in response, but we will assess that action as part of the next visit or inspection. 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. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. We may also ask the applicant to attend an interview with us. Learning Journeys Instructions may vary depending on which internet browser you use, such as Internet Explorer or Google Chrome, and the type of device you use, such as a phone or laptop. We may consider these further if a provider reapplies for registration. We have the power to impose conditions at the point of registration. Health means physical or mental health. 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 will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. Be the first to get our inspirational guides, new articles, e-books and tips all straight to your inbox. 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. We would love to chat with you! If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. Questions relevant to harm to ask include the following: It is likely to be in the public interest to prosecute where a person commits an offence having previously been disqualified or served with an enforcement notice. 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. what was the period, or extent, of the offending? addressing financial hardships If early help is in place through the Focus Family approach, then issues which lead to Benefit Sanctions, such as what was the suspects level of involvement? When we receive concerns from parents or other members of the public, we always try to keep their identities private, if that is their wish. Development means physical, intellectual, emotional, social or behavioural development. "statutory agency" published on by null. This includes arrangements for off-site activities involving young children such as educational visits. The new non-statutory guidance document, Development Matters in the Early Years Foundation Stage (DfE 2012b), has been produced by Early Education for the DfE. on 31 March 2021, and it is mandatory for all early years providers in England from 1 September 2021. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. This is either 28 days after the NOD was served or, if there is an appeal, when the outcome is determined and the First-tier Tribunal upholds the decision to cancel. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. Ofsted neither endorses nor prevents the use of CCTV. We can suspend registration for all of a providers settings or in relation to particular premises. Non-Statutory Guidance Documents There's a variety of non-statutory guidance documents available to all practitioners to help them implement the EYFS. It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. The circumstances that cause disqualification are set out fully in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. If you are an early years setting in the UK already using a software management tool and are looking to switch platforms, book a DEMO with us. We will review their response and may visit or inspect again to check that they are meeting all the regulations. See further guidance on the provisions for rehabilitation of offenders. We will not impose a condition that conflicts with the legal requirements, including the EYFS. 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. We do this to allow the registered provider to take action before we do. We can also use more than one type of enforcement action at the same time. When we receive information or allegations that suggest a breach of relevant regulations or legislation, we check whether children are at risk of harm and/or whether a provider is complying with the law. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. We will write to the provider to let them know we have done this. 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