In order to keep children safe, we may also have to share the information we have received with other organisations. 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. We will consider taking action against them where the investigation reveals that the offence was committed with their consent or connivance or was attributable to their neglect, and where it would be appropriate to do so in accordance with this policy. If you would like to send your feedback, please write to us on team@nurserystory.co.uk. They are both non-statutory and schools and settings can decide how to use them to best support their practice and provision. If the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. This will not result in disqualification. Suspension would apply to their non-domestic premises too. In refusing, we must be clear that the reason for refusal is because of the disqualification. 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. This is sometimes also referred to as voluntary cancellation or resignation. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. See further guidance on the provisions for rehabilitation of offenders. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. 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 may also ask the applicant to attend an interview with us. We must also agree with the other organisations what information we can share with the registered provider about the concern. We will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. They can only apply for a review if they believe there is an error of law in the decision. The decision to prosecute and the way in which we pursue a prosecution will vary, depending on the offence and any actions that we must take first. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. Cancellation usually disqualifies a person from providing, being directly concerned in the management of, or employed in connection with childminding and childcare that requires registration. The duty to promote the welfare of children and young people equally applies to non-statutory agencies. The enforcement action we take is set out in the legislation. It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. 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. how serious was the harm (whether actual harm or potential harm)? 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 may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. In this case, the person may make an objection to Ofsted. 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. 2. We may carry out checks on childminders so that we can establish whether they are disqualified. Early years providers must meet the requirements of the EYFS. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. We will not be involved directly in these investigations. A warning letter sets out the offence that we reasonably believe is being committed. This is sometimes also referred to as voluntary cancellation or resignation. This section sets out our powers of enforcement for providers on the Early Years Register. If the disqualification relates to a member of staff at a childminding or childcare setting, the registered person commits an offence if they continue to employ the disqualified person after our refusal. We will consider raising an action when both of the following apply: If actions are set at inspection, they will be listed in the inspection report and followed up at the next inspection. We will work closely with the local authority and the police when there is a section 47 investigation. It may also be possible to request a paper hearing of the appeal. An Ofsted caution is not disclosable as a part of any DBS check. If we are satisfied that a provider has met the actions, we will confirm this by responding to the email and updating the published outcome summary. 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. These are: If you are registered on both the Early Years Register and the Childcare Register, you should refer to the Early Years Register enforcement actions section in the first instance. Development Matters is non-statutory guidance for the Early Years Foundation Stage. We will share as much information about the concern as possible so that the registered person has enough information to be able to address the concern. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? At strategy meetings, we support robust and timely steps to protect children and promote their welfare. 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. 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. We may consider these further if a provider reapplies for registration. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. The registration requirements are outlined in our registration guidance for childminder agencies. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. An Ofsted caution should not be confused with a caution or a conditional caution from the police. The guidance outlines the foundations of good practice and offers information on how you can bring the principles of the EYFS to life in your setting. Web Design with by Digital Craft. It is not an offence for a provider registered on the voluntary part of the Childcare Register to continue to provide care for children while suspended, because registration is not compulsory. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. Change to the name or registered number of the company or charity providing care. The protection of children is paramount to our approach to enforcement. In certain cases, we may need to take both regulatory and criminal action. The NOD will include information about the right to appeal to the Tribunal. However, a provider may be able to guess their identity from the information provided. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. It is that the person may: Harm is not defined in the legislation. An enforcement notice takes immediate effect from the date it is served. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. Birth to 5 Matters is the new non-statutory guidance to implementing and understanding the new EYFS 2021 framework. 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. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. We may receive concerns that do not suggest a risk to the safety or well-being of children. The EYFS requires that at least one person who . We will do this by asking ourselves the questions at b) and c). The legal definition of harm is set out in section 31 of the Children Act 1989. We serve an NOI setting out the reasons for the action proposed. We will not impose, at this stage, a condition that replicates a legal requirement. Prosecution for some offences can only be brought after we have taken certain procedural steps. This will usually be an inspection but may be other regulatory activity. 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. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. Posted on . This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3. 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. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. We may also seek to impose conditions in an emergency. Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was, and is to be used until the new EYFS is finally implemented. 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. Well send you a link to a feedback form. 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. If the information suggests risk of harm, we may use our urgent enforcement powers. 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. During that time, childminders registered with the agency are still able to operate. Local authority childrens services arrange strategy discussions to assist them in deciding whether the information they hold about a child meets their threshold to investigate a child protection concern and, if so, the steps they need to take in response. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? have the suspects actions negatively impacted on a third party? Your email address will not be published. to what extent was the offending premeditated and/or planned? schools will be registered and inspected by ofsted. The applicant may make an objection to Ofsted. Some examples of Statutory bodies in India are: National Commission For Women In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. Otherwise, the application will be refused. 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. Registers NEW! 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. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. 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. Nursery Software Employers are responsible for identifying and selecting a competent training provider to deliver theirPFAtraining. The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. We do not serve an NOD until at least 14 days from the service of the NOI. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. Where possible, we send the NOD at the same time as the outcome letter. 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. The evidential test is a different test from the one that the criminal courts must apply. The childminder agency remains registered until 28 days after we have served the NOD to cancel. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. It is also an offence to knowingly employ a disqualified person in connection with this provision. Non-statutory bodies are organisations or institutions that are not regulated by law. When we decide to revoke a notice, we send the person confirmation of our decision in writing. If a person applies to register as a childminder with us after we have served an enforcement notice, we will revoke the notice if we grant registration. 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. Weve created an article with all you need to know to get your childcare setting ready for EYFS 2021. Help & Knowledge Base The document was developed and launched on 31 March 2021 by the Early Years Coalition. All staff who obtained a level 2 or level 3 qualification on or after 30 June 2016 must also have either a fullPFAor an emergencyPFAcertificate within 3 months of starting work in order to be included in the required staff to child ratios at level 2 or level 3 in an early years setting. This section applies to providers registered as childminder agencies. 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. From September 2021 onwards, when the reforms will apply nationally, early years providers and schools in England will need to use the new version of the EYFS Framework. 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. Inspectors will not include identifiable staff or children in any photographs they take. The Department for Education published the final new EYFS version on 31 March 2021, and it is mandatory for all early years providers in England from 1 September 2021. Applicants may not withdraw their application after that point unless we agree that they can do this. From September 2021 onwards, when the reforms will apply nationally, early years providers and schools in England will need to use the new version of the EYFS Framework. Name: See our directed surveillance policy for more information. 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. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. 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. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. 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. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. If we waive disqualification, a person may then apply for registration. The Tribunal will consider whether cancellation remains appropriate at the point when the appeal is determined. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. 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. Dont worry we wont send you spam or share your email address with anyone. We will only consider this stage if the evidential test is met. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. We will also inform parents and carers when the suspension has been lifted. 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. For childminders and providers of childcare on domestic premises, people may be disqualified by association. 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. 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. From September 2021 onwards, when the reforms will apply nationally, early years providers and schools in England will need to use the, is the new non-statutory guidance to implementing and understanding the new EYFS 2021 framework. Offences under the Childcare Act 2006 are: The 2 offences marked with an asterisk (*) in this list apply equally to provision run by schools, which are otherwise exempt from regulation under sections 34(2) and 53(2). It also gives time for us or the provider to take steps to reduce or remove any risk to children. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. Providers should ensure there is always a first aid box accessible with appropriate content for use with children. We will send an NOI to cancel at the same time. We cannot serve a WRN for failure to meet learning and development requirements. 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. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per section 35 and section 36 of the Childcare Act 2006. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. An inspector will also consider whether further enforcement action is appropriate. Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. FAQ, Parents App Apple If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. 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. Change to the registered person, nominated individual or manager. The person is therefore liable to be proceeded against and punished accordingly. This may result in Ofsted initiating and completing its enquiries before the child protection investigation is completed, ask that we receive minutes from future meetings (if we intend to take no further action) to enable us to reassess whether there is further information that needs us to become involved again, noting low-level concerns to consider at the next visit or inspection, carrying out an inspection without notice, carrying out regulatory activity by telephone or video call, carrying out a regulatory visit, with or without notice, inspect, and take copies (either by photocopying or taking a photo with an Ofsted mobile telephone or tablet computer) of any records kept by the person providing the childcare and any other documents containing information relating to that provision, seize and remove any document or other material that the inspector has reasonable grounds to believe may be evidence of a failure to comply with any relevant condition or requirement (however, we would usually take photos as explained above), observe any children being cared for there, and the arrangements made for their welfare, interview in private the childcare provider, interview in private any person caring for children or living or working on the premises who consents to be interviewed, is complying with the relevant legislation, is meeting statutory requirements and remains suitable for registration, has committed an offence under the Childcare Act 2006 or associated regulations, we carry out any type of inspection, because the inspection report will set out any breaches of requirements that we find and any action taken, we suspend a providers registration, because we use other ways to let parents and carers know about the suspension. This is because it may jeopardise other agencies investigations. We will only use clear, proportionate and reasonable conditions. Early Years Careers provides a supportive forum where Early Years professionals can value the sharing of best practice to help deliver outstanding practice in Early Years settings and enhance Continuous professional development. 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. 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. 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