It is an offence if they do so. If the annual fee is not paid, we will cancel the registration unless we are given notice that the agency wants to be removed from the register. 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. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. The registered person can appeal to the First-tier Tribunal against each period of suspension. has the suspects registration been cancelled previously or have they been refused registration with Ofsted, and what were the reasons for the cancellation or refusal; for example, did they relate to safeguarding concerns? We will send an NOI to cancel at the same time. This means that childminders registered with the agency are still able to operate. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. If we intend to refuse an applicants registration for additional or different premises, we will serve an NOI setting out the reasons for the refusal. . We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. The same applies if the person lives or normally works on childcare premises. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. The person is therefore liable to be proceeded against and punished accordingly. 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. The duty to promote the welfare of children and young people equally applies to non-statutory agencies. Early years providers must meet the requirements of the EYFS. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. In these cases, we may carry out regulatory activity or an inspection. We will do this by asking ourselves the questions at b) and c). This will not result in disqualification. The initial period of suspension is 6 weeks. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. When we are notified of an event, we may ask the provider notifying us to provide us with more information about what it has done in relation to the event. However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. See guidance on how to tell if you might be disqualified. Read More. 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. It may also be possible to request a paper hearing of the appeal. The types of enforcement action we can take against providers breaching the requirements of the Early Years Register include: The enforcement powers available to us do not have to be used consecutively or in any order. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. We will review the response. 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. Does this include reference to you previous Ofsted actions? In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. This will report on any breaches or requirements that we find and any action taken. 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. 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. . This would include telling us about a disqualification. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. In addition to any statutory reporting requirements employers should keep a written record of accidents or injuries and first aid treatment. We will also inform parents and carers when the suspension has been lifted. develop strong relationships with parents. 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. This will include all settings within the registration. A provider may be registered on both the Early Years Register and the Childcare Register. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. The registered person can appeal to the Tribunal against each period of suspension. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. 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. 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. In this case, the provider may make an objection to Ofsted. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. 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. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. We will do this only after considering factors such as the seriousness of the non-compliance, the impact on children, the history of the registered persons compliance, and other actions available to us. The DBS can decide whether to include the individual on its lists of people who are barred from working with children and/or vulnerable adults (known as barred lists). However, they need to understand the constraints that this can place on our actions. 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. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? We include information about the right to appeal against our decision to the First-tier Tribunal. As a practitioners in an early years setting you may at some point work with multi agencies. We consider information about unregistered services and provision on unapproved premises and take appropriate action. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. 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. Once registration has been granted, if we are concerned that a requirement is not being met, we may use a condition as a means of enforcing that requirement. The law gives Ofsted a range of powers to regulate early years settings. Health means physical or mental health. In some cases, the suspension may be lifted without any further action as the enquiries confirm that the provider continues to meet the requirements of registration. 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. Parents App GooglePlay 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 . For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? 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 provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. Dont include personal or financial information like your National Insurance number or credit card details. 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. Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Web Design with by Digital Craft. Relevant offences under the Childcare Act 2006 apply to childminder agencies. In this case, the person may make an objection to Ofsted. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. FREE Parent App It informs the person that if they are committing the offence, they should stop immediately. The protection of children is paramount to our approach to enforcement. For example, some require a suspect to have had an opportunity to make representations. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. We may receive a concern about a registered provider on the Childcare Register. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. It facilitates the implementation of the statutory responsibilities within the EYFS areas of learning and development and educational programmes and supports childrens progress toward all Early Learning Goals (ELGs). If we have concerns about the childminder agency, we will keep the information on record as we may wish to consider this should they seek future registration with Ofsted. Change to the registered person, nominated individual or manager. 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. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. Suspension would apply to their non-domestic premises too. 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. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. 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. We do this when we or the other agency have identified concerns that suggest possible fraud, regulatory breaches or issues around the suitability of a provider to provide childcare. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. The EYFS requires that at least one person who . If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. to what extent has the suspect benefited, or intended to benefit, from the offence? We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. Pricing We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. Applicants for the compulsory part of the Childcare Register may withdraw their application at any stage up to the point when an NOI to refuse registration has been served. If such a registration covers more than one setting, cancellation will apply to all settings in that registration. Under the Education (Non-Maintained Special Schools) (England) Regulations 2011. . We will not accept a request to remove the agency from the register after an NOD has been served. Section 69B of the Childcare Act 2006 sets out grounds for cancellation as follows: We are likely to cancel registration where one or both of the following apply: The above list is not conclusive, however, and we may proceed to cancellation in other circumstances where grounds to cancel exist, and it is reasonable and proportionate to do so. 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. Employers should inform parents or carers of any accident or injury sustained by the child on the same day, or as soon as reasonably practicable, of any first aid treatment given. Under the same Act, providers have a legal duty to refer to the DBS when the conditions are met, and it is an offence to fail to provide relevant information to the DBS without a reasonable excuse. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. 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. We will only use clear, proportionate and reasonable conditions. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. In most circumstances where notice is given, we will remove the provider from the register. This is known as the 50% rule. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. We must make clear that, to do this, we may carry out our own enquiries to determine that the registered setting continues to be fit to provide a service. Nursery Administration However, if these objections are not upheld, an NOD will be served against which a provider may appeal. how serious was the harm (whether actual harm or potential harm)? A court may only convict if it is sure that the defendant is guilty. Days and hours during which later years childcare is to be provided. 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 may consider these further if a provider reapplies for registration. 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. When a registered provider 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. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. The principles of the EYFS emphasise that each child is unique and develops in different ways. In certain cases, we may need to take both regulatory and criminal action. They must apply in writing no later than 1 month after the First-tier Tribunal made the decision to refuse permission to appeal. The childminder agency remains registered until 28 days after we have served the NOD to cancel. The provider may object. Example of a statutory body is SEBI i.e. The requirements are that the registered person does not give corporal punishment, and ensures that no person who cares for the child, or who lives or works on the premises, gives corporal punishment to the child (Regulation 9). Development Matters has been updated. However, there are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. If we intend to refuse an applicants registration, we will serve an NOI. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom later 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 order to: A registered provider may give notice to Ofsted for removal from the register under section 70 of the Childcare Act 2006. When we close a case, we must consider the information from others investigations in determining when to schedule our next inspection or whether we should carry out any further regulatory activity. Support adults and provide a service to adults at risk who are experiencing abuse, neglect and exploitation. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. We serve an NOI setting out the reasons for the action proposed. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. We may consider these further if a provider reapplies for registration. The registration requirements are outlined in our registration guidance for childminder agencies. 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. non statutory agencies in early years non statutory agencies in early years. Statutory bodies are authorized to pass the law and take the decision on the behalf of state or country. We will write to the applicant to let them know we have done this. Well send you a link to a feedback form. Ofsted will decide whether to discontinue a prosecution. We will also review all information to see if it is appropriate to pass on to the provider to help them take the action they need to. 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. We may also take this into account when determining any new application for registration. 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. 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. If information comes from an anonymous source, we encourage them to speak directly to the provider. 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. Early Years Sector NOT Recognised Under Self Isolation. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? They can only apply for a review if they believe there is an error of law in the decision. We do this to allow the registered provider to take action before we do. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If we receive any concerns about safeguarding or allegations of abuse, we will refer them to the relevant local authority childrens services and/or the police. For example, we will not impose a condition that is less onerous or less restrictive than a statutory requirement, or appears to have the effect of removing a statutory requirement. 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. We will write to the applicant to let them know we have done this. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. CAB, for example, spend a lot of time advising . We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. The document was developed and launched on 31 March 2021 by the Early Years Coalition. The disqualification takes effect when an NOD is served. Help & Knowledge Base 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. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. 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. We have the power to impose conditions at the point of registration. We gather parents and carers details from the provider or childminder when we issue the suspension, and we will write to them to inform them if we suspend a childminder or childcare providers registration. Please see our guidance on how to object to an NOI. The Tribunal must provide each party with: In certain circumstances, either party may apply to the principal judge of the Tribunal for a review of the decision. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. We can only suspend registration if we are satisfied this test is met. Therefore, we will check that the whole premises are suitable. Name: It may also be helpful to refer toHSEs guidance about choosing a first aid training provider. In refusing, we must be clear that the reason for refusal is because of the disqualification. what was the suspects level of involvement? 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. One of the many things we loved most about Birth to 5 Matters was the decision not to include the word teaching in the Characteristics of Effective Learning. Introduction. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. This includes arrangements for off-site activities involving young children such as educational visits. Warning letters are non-statutory actions. A registered provider, who, without reasonable excuse, fails to comply with this requirement, commits an offence. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? 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. The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. An inspector will also consider whether further enforcement action is appropriate. Non statutory include two types. If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply for registration. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. 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. Development means physical, intellectual, emotional, social or behavioural development. This does not automatically mean we will grant registration. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. We do not serve an NOD until at least 14 days from the service of the NOI. Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. has there been a failure to comply with a formal notice imposed by Ofsted to address a risk of harm, such as a notice of restriction, suspension or emergency condition?

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