Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. It will not be retained by the inspector personally. 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. 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. has actual harm been caused or was there a risk of harm being caused? In this case, the provider may make an objection to Ofsted. The children's Act 1989. This document is to help managers of early years settings (including wrap around care for the early years age group) ensure their online safeguarding practice is in line with statutory. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. 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. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. However, we will only suspend where we believe there may be a risk of harm. If a provider is not meeting these requirements, but the inspector judges that the leadership has the capacity to remedy this quickly, we will set actions. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. 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. 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. 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. 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 will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. 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. The Code was updated January 2015. 7919. We can also use more than one type of enforcement action at the same time. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. If an objection is made and not upheld, the NOD will include the reasons why we have decided to take the step, including any matters we considered during the objection. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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. If the provider fails to comply with the action, we will consider the appropriate enforcement action, in line with our enforcement thresholds and decision-making provisions. We include information about the right to appeal against our decision to the First-tier Tribunal. We have the power to impose conditions at the point of registration. an early years setting. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we will not register them as suitable to operate a childminder agency. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. Thank you for visiting Nursery World and making use of our archive of more than 35,000 expert features, subject guides, case studies and policy updates. We may, however, cancel a providers registration without taking any previous enforcement action if a concern is sufficiently serious and/or when children are at risk of harm. 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. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. . 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 will notify the applicant in writing, usually by email, of our decision. We can only consider extending a suspension beyond 12 weeks if one or both of the following apply: We will monitor a providers compliance with the suspension, usually by carrying out an unannounced visit to the suspended premises at least once within each 6-week period of suspension. There are a number of offences linked to providing unregistered childcare. We do this to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as our notices of suspension can contain personal or sensitive information. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. 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. The registered person can appeal to the Tribunal against each period of suspension. 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. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. 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 the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. There is no obligation on a provider to accept a caution. Well send you a link to a feedback form. 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. We may specify the extent to which we agree to waive a disqualification. Every early years settings must to keep a record of all accidents, incidents and emergence and any serious accidents, incidents and emergences must to be reported to Ofsted. Staff and parents will feel secure knowing that policies are regularly reviewed to ensure that they meet all the needs of those working in the setting, and take into account the possible changes that could have happened in the Early Years Sector and law. 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. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? The NOD will include information about the right to appeal to the Tribunal. 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 registration requirements are outlined in our registration guidance for childminder agencies. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? Good practice is best achieved by embedding e-safety across all areas of the early years provision. 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. Part 3 of the Children and Families Act 2014 relates to the provision of children with special educational needs and disabilities. Otherwise, the application will be refused. In this case, the person may make an objection to Ofsted. If the inspector believes the registered person is obstructing them, this is a criminal offence and so the inspector will consider whether it is appropriate to caution the person about their rights under the Police and Criminal Evidence Act 1984 (see the Prosecution section) before asking them further questions. For registered providers, the burden of proving the case rests with Ofsted. 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. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. 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. CCTV is a popular way of assisting in the security of workplaces. Legislation at all levels can serve several purposes. The applicant may make an objection to Ofsted. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). 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. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. Therefore, we will check that the whole premises are suitable. 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. All investigations of criminal offences should be carried out having regard to any relevant principles contained in the Police and Criminal Evidence Act 1984 (PACE Act) and codes of practice. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. However, 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. 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. We may consider these further if a provider reapplies for registration. If the evidence meets the test for prosecution, we may also instigate a prosecution. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? Serious Case Reviews (SCRs) continue to highlight failings in how and what information is recorded when there are concerns about a child, as well as how, when and with whom it's shared. 6. This is in addition to the body corporate being guilty. 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. When in a childcare setting it is vital to maintain confidentiality in different areas not just for the Child's welfare but the families as well! 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. In most circumstances where notice is given, we will remove the provider from the register. The protection of children is paramount to our approach to enforcement. Legislation is valuable to setting societal standards and norms at all levels of government, including the local, state and national level. It means that an objective, impartial and reasonable bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge. This is to make parents and the public aware of any concerns and action taken at the childcare setting. Health means physical or mental health. 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. For providers registered on the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. 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. It may also be possible to request a paper hearing of the appeal. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. It may be used in cases where we have sufficient evidence to bring a prosecution and the offender has admitted the offence but there are public interest factors that weigh against prosecution. 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. 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. 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. 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. Any setting should have clear policies and procedures about all aspects of health and safety. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. This happens if they live on premises where a disqualified person lives or works. These actions are included in the compliance inspection letter. Section 70 of the Childcare Act 2006 also sets out that if we have already served the childminder agency with an NOI to cancel registration, we will not agree to the request for removal unless we have decided not to take that step. The childminder agency remains registered until 28 days after we have served the NOD to cancel. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. 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. All . 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. This is sometimes also referred to as voluntary cancellation or resignation. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. 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. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. It will also include observations and . We serve an NOI setting out the reasons for the action proposed. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. We will also inform parents and carers when the suspension has been lifted. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. These people must be over the age of 16 years. 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. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered.
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