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If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. 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. An enforcement notice is a legal letter that we send to a person telling them that they cannot provide childminding without being registered with us. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. Our view that there is a realistic prospect of conviction must be based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or that they might rely on. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. 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. We will not impose, at this stage, a condition that replicates a legal requirement. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. The disqualification takes effect when an NOD is served. Prosecution for some offences can only be brought after we have taken certain procedural steps. We have the power to impose conditions at the point of registration. We will retain information about the concerns that led to suspension. 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 protection of children is paramount to our approach to enforcement. The Ofsted caution is non-statutory and not recorded on the Police National Computer. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Good practice is best achieved by embedding e-safety across all areas of the early years provision. In these instances, we also write to the provider giving them the information and asking them to take appropriate action. The use of CCTV is not covered by the EYFS. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. The list is not exhaustive, but some of the factors we may take into account are as follows. We serve an NOI setting out the reasons for the action proposed. Outline, Pages 7 (1670 words) Views. Other offences do not need any steps before bringing a prosecution. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Why do early years settings need to consider this? 1.4: explain how health and safety is monitored and maintained in an early years setting The health and safety of the children in my setting is monitored through what we call tracking forms. The provider may object. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. 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. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. 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). Where the question of whether harm suffered by a child is significant depends on the childs health or development, their health or development shall be compared with that which could reasonably be expected of a similar child. Where a person who is not listed on the registration form tries to collect a child, they . 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 we do not uphold the objection, we will set out the reasons in the outcome letter. A failure to meet this requirement may lead us to consider taking enforcement action. For registered providers, the burden of proving the case rests with Ofsted. 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. For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. We serve an NOI setting out the reasons for the action proposed. 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. 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. The factors that you would need to take into account include Individual needs depending on their age or abilities, for example a child of two years may not be able to do the physical things of a child who id five years old. Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. Not allowing children to use equipment/apparatus without adult supervision. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? 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. 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. 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. The waiver process and registration process are different processes. Well send you a link to a feedback form. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. This includes changes to the identity of the nominated individual, changes to the identity of those who make up the registering body and any changes to the statement of purpose. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. If such a registration covers more than one setting, cancellation will apply to all settings in that registration. We suspend registration if we reasonably believe that the continued provision of childcare by the registered person to any child may expose the child to a risk of harm. 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. Inform and keep staff up-to-date with health and safety guidelines for early childhood centres, such as: Implementing a no running policy indoors. It is an offence if they do so. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. Working Together to Safeguard Children (2018) - sets out role, responsibilities and best practices for agencies and organisations that come into contact with children including early years settings, social services, care providers and police. The Level 2 Diploma for the Early Years Practitioner (England) is an occupational qualification for candidates who work in Early Years Settings in England. We suspend a providers registration under section 69 of the Childcare Act 2006 and the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. Good practice. Health means physical or mental health. Tribunal hearings take place around the country or remotely. 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. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. 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. . They should also demonstrate how the action taken Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. Its guidance goes on to state that harm is considered in its widest context and may include: In some cases, we may decide to refer an individual to the DBS before we have gathered all the evidence relating to misconduct, but when the limited information that we have satisfies the relevant tests for referral. All . However, a provider may be able to guess their identity from the information provided. what was the period, or extent, of the offending? 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. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. what was the role of the suspect in the offence (particularly where there are multiple suspects)? The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. 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. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. Change to the registered person, nominated individual or manager. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. 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. 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. When considering cases in which there have been 3 or more notifications from the provider, the risk assessment team will consider the information received and the providers history in deciding whether the matter should be escalated for further action. This will depend on the nature and seriousness of the offence. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. Days and hours during which later years childcare is to be provided. We would expect to receive a waiver application from the registered person within 14 days. has the suspect displayed genuine remorse and shown insight into the offending? The provider must notify us by email (or by letter if email is not possible), within the specified timescale, about the action that they have taken to meet the requirements. They apply to the early years providers and agencies that we regulate. 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? 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. We will send an NOI to cancel at the same time. It is also an offence to knowingly employ a disqualified person in connection with this provision. If we take action to suspend or cancel the registration of a childminder or childcare provider, we tell the local authority where the provider is located. Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. In relation to escalating concerns, a notification from the provider is not the same as a concern that comes from another person about the provision. Where a provider has more than one setting on their registration, we may choose to suspend individual settings or the whole registration, depending on the nature of the concerns. Ofsted has the power to waive disqualification. See more. If appropriate, we encourage the person to apply for registration. Four guiding principles should shape practice in early years settings. In this case, the provider may make an objection to Ofsted. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. The applicant may make an objection to Ofsted. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. See our directed surveillance policy for more information. 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 is to make parents and the public aware of any concerns and action taken at the childcare setting. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. Visitors must always be accompanied by a member of staff while in the premises. The police or local authority have to decide how much information they are willing to place in the public domain, without it having a negative impact on their investigation. What legislation does this framework refer to? A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. In certain cases, we may need to take both regulatory and criminal action. 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. 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. In refusing, we must be clear that the reason for refusal is because of the disqualification. 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). 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! We will only use clear, proportionate and reasonable conditions. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. This means that it must not be usual practice for an early years provider to administer medicines without permission to do so and not that all medicines, both prescription and non-prescription have to have been prescribed for a child by a doctor, dentist, nurse of pharmacist. 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. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Parenting, childcare and children's services, Performance and inspection of childcare providers, Early years and childcare: Ofsted's enforcement policy, Our enforcement actions: Early Years Register, Our enforcement actions: Childcare Register, Our enforcement actions: childminder agencies, Unregistered childcare providers and provision on unapproved premises, nationalarchives.gov.uk/doc/open-government-licence/version/3, Early Years Register enforcement actions section, Childcare Act 2006 and its associated regulations, The Childcare (Early Years Register) Regulations 2008, Statutory framework for the early years foundation stage (, The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, The Childcare (General Childcare Register) Regulations 2008, The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014, The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014, Childcare (Early Years Register) Regulations 2008, apply to Ofsted for approval before operating a nursery or other daycare from additional premises, Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, appeal to the First-tier Tribunal against each period of suspension, registration requirements of The Childcare (General Childcare Register) Regulations 2008, appeal to the Tribunal against each period of suspension, providers registered as childminder agencies, registration guidance for childminder agencies, Regulation of Investigatory Powers Act (RIPA) 2000, section 45 of The Safeguarding Vulnerable Groups Act 2006, section 45(3) of the Safeguarding Vulnerable Groups Act 2006, Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, notify Ofsted of certain significant events, section 26(1) of the Criminal Justice and Courts Services Act 2000, forms and other information for the First-tier Tribunal, Police and Criminal Evidence Act 1984 (PACE Act), guidance on reporting accidents and injuries, Tell Ofsted about adults leaving the home, Report changes to registered people in your nursery or other daycare. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. 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. 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. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. If we decide to refuse registration, the notice remains in effect. This guidance from the NCSC has been produced to help practitioners working in Early Years settings to protect the data and devices you probably use every day. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. 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, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. We may carry out checks on childminders so that we can establish whether they are disqualified. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this.