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We will write to the provider to let them know we have done this. Early years setting are required by law to implement the above legislations and guidelines. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. Applicants may not withdraw their application after that point unless we agree that they can do this. 3. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. It is also an offence for a disqualified person to be directly involved in the management of the provision. CCTV is a popular way of assisting in the security of workplaces. We will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. Outline, Pages 7 (1670 words) Views. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. 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. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. 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. It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. We will not impose, at this stage, a condition that replicates a legal requirement. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Health and Safety management systems work . We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. We may consider these further if a provider reapplies for registration. Cancellation will apply to all of the agencys registrations. Good practice. Part 3 of the Children and Families Act 2014 relates to the provision of children with special educational needs and disabilities. Children and Young People (Scotland) Act 2014 This Act concerns the provision of services and support for children and young people; it covers adoption, children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools. 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. We must also agree with the other organisations what information we can share with the registered provider about the concern. 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 also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. Although enforcement action such as suspension or cancellation does not necessarily stop the provision of childcare for which registration is not required, it will impact on the providers registration. Therefore, we will check that the whole premises are suitable. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. An Ofsted caution is not disclosable as a part of any DBS check. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. We may impose, vary or remove conditions of registration on a providers registration under section 38 of the Childcare Act 2006 by issuing an NOI setting out the reasons for the action proposed. In certain cases, we may need to take both regulatory and criminal action. what was the suspects level of involvement? There are a number of offences linked to providing unregistered childcare. 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. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. 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 consider information about unregistered services and provision on unapproved premises and take appropriate action. Why do early years settings need to consider this? When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. 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. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. Please click on the button below to view the full . This will not result in disqualification. For offences committed by bodies corporate, if the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager or similar (or anyone acting in these capacities), that person is also guilty of the offence. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. This will be based on the evidential test and public interest factors set out above. The setting has a room plan showing the designated fire exit routes and evacuation point. The setting displays the names of the designated fire officer and assistants. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. 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. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. While some areas of the premises might not be used for childcare or might be out of bounds to children, the whole premises are registered and these areas may still be accessible to children. 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. To ensure that the policies and procedures are followed effectively the school should: Ensure that all staff are aware of the policies and have a duty to co-operate with them. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. The report or letter sets out the actions that a provider must take to meet the particular EYFS requirements, and the timeframe to do so. The law gives Ofsted a range of powers to regulate early years settings. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. 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. 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. Figure 14.1 has been used by a number of commentators to illustrate the difference between preventive services, designed to reduce the likelihood of 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. Ofsted will decide whether to discontinue a prosecution. 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. If the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. 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 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. In some cases, we may take steps to cancel a registration while a suspension is in place. We would also expect providers to do the same with inspectors on visits/inspections. Cruz has said that he is the son of "two mathematicians/computer programmers". As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Religion and belief. 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. has actual harm been caused or was there a risk of harm being caused? We will do this by asking ourselves the questions at b) and c). At this point, the decision takes effect, unless the provider has appealed to the First-tier Tribunal, in which case the provider remains registered until the appeal is determined. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. The waiver process and registration process are different processes. 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. It also gives time for us or the provider to take steps to reduce or remove any risk to children. 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. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. The list is not exhaustive, but some of the factors we may take into account are as follows. This will determine whether any safeguarding or enforcement action is required. Culpability is likely to be determined by answering questions such as: The greater the harm caused by the offence, or the risk of harm created by the offence, the more likely it is that a prosecution is required. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. . An essential component of Health and Safety is Monitoring and Review, allowing us to accurately assess existing controls alongside risks to develop an effective plan of action. 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. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. In this case, the person may make an objection to Ofsted. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those 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. We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. 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. Our relevant regional team will decide on the next step. We can suspend registration for all of a providers settings or in relation to particular premises. You can also use these options and change the printer destination to save the content as a PDF. The Tribunal must consent to the withdrawal. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. 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. The applicant may make an objection to Ofsted. Well send you a link to a feedback form. Powerful Essays Cypop 1.2 Each of the nations within the UK has a set of welfare requirements or standards that must be met by the provider of early years care. 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. We assess all the information we receive against the details we already hold about the registered provider or setting to decide on the appropriate action to take. 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. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. This is to make parents and the public aware of any concerns and action taken at the childcare setting. And people in low-income or blue collar jobs would see their retirements cut the most, as those populations have a lower life expectancy, meaning that they would enjoy even fewer years of retirement . how did the offending come to an end? 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. We may prosecute a person who knowingly employs a disqualified person. However, if there is a sufficient lapse of time to suggest that a previous caution was a significant deterrent (2 years or more), or the subsequent offence is unrelated, we may consider a further caution. If the information suggests risk of harm, we may use our urgent enforcement powers. 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. 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. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. In this case, the person may make an objection to Ofsted. 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. 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? In some cases, we will have taken other enforcement action before taking steps to cancel. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. The applicant may make an objection to Ofsted. 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. 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). We do this to allow the registered provider to take action before we do. 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. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. 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 also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. 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. They can then provide additional information. At the same time, EYPs As the Queensland Early Childhood Regulatory Authority, the department regulates early childhood education and care services to reduce risk to children's safety, drive voluntary compliance and promote continuous improvement. For childminders and providers of childcare on domestic premises, people may be disqualified by association. 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. 5. Boggo Road Gaol in Brisbane, Australia, was Queensland's main jail from the 1880s to the 1980s, by which time it had become notorious for poor conditions and rioting. 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. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. 5. 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. See more. Some enforcement actions allow periods for written representations and appeals before the action takes effect. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. This happens if they live on premises where a disqualified person lives or works. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. This will set out the reasons for the refusal. 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. 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. If we intend to refuse an applicants registration, we will serve an NOI. The person can appeal to the Tribunal. We make clear to parents and the public who look at the Ofsted reports website that there are concerns and/or that Ofsted does not consider this provider suitable to provide childcare. 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. staff and parents/carers being aware of e-safety issues. Ofsted neither endorses nor prevents the use of CCTV. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. For our regulatory activity, we will write and publish an outcome summary to report on any breaches of requirements that we find and any action taken. The enforcement action we take is set out in the legislation. Emergency orders take effect immediately and apply to all settings under a single registration. Change of member of the partnership, committee or corporate or unincorporated body. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. We can suspend registration for all a providers settings or for particular premises. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . 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. 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. See Page 1. We may also take this into account when determining any new application for registration. In this case, and when the providers inspection history does not give us cause for concern, we note the information so that it can inform the next visit or inspection. 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. 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. This will depend on the nature and seriousness of the offence. Tribunal hearings take place around the country or remotely. We may specify the extent to which we agree to waive a disqualification. If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. During that time, childminders registered with the agency are still able to operate. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. We may also seek to impose conditions in an emergency. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. We may consider these further if a provider reapplies for registration. 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.