We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. See forms and other information for the First-tier Tribunal. Private- are settings run as businesses to make profit. We will not impose, at this stage, a condition that replicates a legal requirement. If we become aware that the registered person has not taken this step, we will: The law disqualifies some people from registering as a childminder or childcare provider. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. Ofsted neither endorses nor prevents the use of CCTV. We may consider these further if a provider reapplies for registration. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). If we intend to refuse an applicants registration, we will serve an NOI. 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). Early years providers must meet the requirements of the EYFS. . Instant messaging This will not prevent us from making a referral to DBS or to any other agencies if appropriate. If we have the power to waive that disqualification, we will follow our decision-making process. Your email address will not be published. We can suspend registration for all of a providers settings or in relation to particular premises. For these providers, in most cases, we will carry out a compliance inspection to make sure that the provider continues to meet requirements and remains suitable for registration. If necessary, we can impose a further 6-week period of suspension on the same grounds, and in exceptional circumstances we can suspend beyond this. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. The protection of children is paramount to our approach to enforcement. Yes (no qualification to any person, and not required to notify Ofsted of action taken), Serious accident (including food poisoning affecting 2 or more children) or injury to, or death or illness of, any child while in their care, and the action taken (see, Yes (not required to notify Ofsted of action taken). In these instances, we also write to the provider giving them the information and asking them to take appropriate action. 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. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. Section 68 of the Childcare Act 2006 sets out grounds for cancellation as follows: If a registered person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. We must also agree with the other organisations what information we can share with the registered provider about the concern. The person is therefore liable to be proceeded against and punished accordingly. 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 write to the applicant to let them know we have done this. The EYFS requires that at least one person who . 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. non statutory agencies in early years non statutory agencies in early years. It informs the person that if they are committing the offence, they should stop immediately. See guidance on how to tell if you might be disqualified. 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. In this case, the provider may make an objection to Ofsted. During that time, childminders registered with the agency are still able to operate. Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. to what extent has the suspect benefited, or intended to benefit, from the offence? 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. Registered providers should notify Ofsted or the childminder agency with which they are registered of any serious accident, illness or injury to, or death of, any child while in their care, and of the action taken. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. Where possible, we send the NOD at the same time as the outcome letter. The document was developed and launched on 31 March 2021 by the Early Years Coalition. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. This document is a non-statutory guide to support practitioners. 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. The same applies if the person lives or normally works on childcare premises. This section sets out our powers of enforcement for providers on the Early Years Register. They can then provide additional information. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. 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. We may also notify and/or share information with other relevant agencies that we have served a warning letter. Example of a statutory body is SEBI i.e. Irrespective of the nature of the concern, if we continue to receive multiple concerns (3 in a 2-year period) then we will always consider whether to bring forward an inspection or carry out regulatory activity. Securities and Exchange Board of India. If you are an early years setting in the UK already using a software management tool and are looking to switch platforms, book a DEMO with us. Section 70 of the Childcare Act 2006 sets out that a childminder agency may give notice to Ofsted of their wish to be removed from the register. 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. In these cases, we would always discuss this with the complainant before doing so. It may also be helpful to refer toHSEs guidance about choosing a first aid training provider. We would also expect providers to do the same with inspectors on visits/inspections. Web Design with by Digital Craft. 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. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. Does this include reference to you previous Ofsted actions? Occasionally, we may have to reveal the identity of a complainant to allow a thorough review of the concern, or when action has resulted in a court or tribunal hearing. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. 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. addressing financial hardships If early help is in place through the Focus Family approach, then issues which lead to Benefit Sanctions, such as This applies to those registered on Part A of the General Childcare Register only. 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. Statutory body or authority means a non-constitutional body which is set up by a parliament. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, if we have already served the provider with an NOI to cancel registration, we will not remove the provider from the register unless we have decided not to pursue cancellation. Any significant event, or change to health, that is likely to affect the suitability of the registered person or any person who cares for, or is in regular contact with, children on the premises to look after children. The initial period of suspension is 6 weeks. 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. 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. We may also ask the applicant to attend an interview with us. We can suspend their registration for the non-domestic premises or both premises. However, we have no power to waive the disqualification if a person: If this is the case, we write to the individual to inform them that we cannot waive their disqualification. This helps us to determine the waiver application. The Oxford Biblical Studies Online and Oxford Islamic Studies Online have retired. 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. Statutory- is a term used for setting that are government funded, and they have to be avaliable by law, such as schools, social workers, libraries. Here you can change your Privacy preferences. Find out more about what we do. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. 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. 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. 5.3 Explain the roles and responsibilities of other agencies and professionals that work with and support Early Years Settings, both statutory and nonstatutory Qualification: NCFE CACHE Level 2 Diploma for the Early Years Practitioner Unit: EYP 1: Roles and responsibilities of the Early Years Practitioner Learning outcome: 5. 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. This would include telling us about a disqualification. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. Birth to 5 Matters is a guide for Early Years practitioners. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. We do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. The law also disqualifies some people from registering as an early or later years childminder agency (section 76A and section 76B of the Childcare Act 2006). What is meant by statutory agencies? We will carefully consider the application and the circumstances of the disqualification. It will not be retained by the inspector personally. Non statutory include two types. Registered persons, therefore, must understand and act on their obligations to refer an individual to the DBS in the appropriate circumstances. Weve created an article with all you need to know to get your childcare setting ready for EYFS 2021. We may carry out checks on childminders so that we can establish whether they are disqualified. 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. 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. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. This will determine whether any safeguarding or enforcement action is required. 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. what was the period, or extent, of the offending? When deciding whether there is sufficient evidence to prosecute, we may consider: In every case in which there is sufficient evidence to justify a prosecution, we will go on to consider whether a prosecution is required in the public interest. Acknowledging the different ways children can perceive the world around them is fundamental to understanding the essence of each child and how best to support their development. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. They often have a private function, such as providing social care or education. Opening Times and Search Function Release, Boogie Mites Making Music in the Early Years, Supporting children and families Post-COVID and Self-Regulation, How To Improve Your Settings Community Engagement, Get Your Childcare Setting Ready for EYFS 2021. We will work closely with the local authority and the police when there is a section 47 investigation. They represent the commitment of organisations to: Work together to prevent and protect adults at risk from abuse Empower and support people to make their own choices Investigate actual or suspected abuse and neglect. 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. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. We cannot serve a WRN for failure to meet learning and development requirements. If such a registration covers more than one setting, cancellation will apply to all settings in that registration. We will send an NOI to cancel at the same time. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. This will set out the reasons for the refusal. 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. If we intend to refuse an applicants registration, we will serve an NOI. If using CCTV means that the provider fails to meet any other requirements of the EYFS, we would take action. 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 you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. 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. a family's life non-statutory agencies would reduce the time spent on the "revolving door" that many families find themselves stuck in. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. Early years education providers, including schools, must meet the paediatric first aid requirements set out in the statutory framework for the early years foundation stage (EYFS). They will also update the published outcome summary to show whether the WRN actions have been met. This will depend on the nature and seriousness of the offence. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. Applicants may not withdraw their application after that point unless we agree that they can do this. The Ofsted caution is non-statutory and not recorded on the Police National Computer. If the information-giver gives us their name and contact details, but wishes to remain anonymous from the provider, we will respect their wishes if we can, but we cannot guarantee that their identity will not be deduced by the provider. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. 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. Childminders, and any assistant who might be in sole charge of the children for any period, should hold a current paediatric first aid certificate. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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. This means that childminders registered with the agency are still able to operate. Otherwise, the application will be refused. 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. Most childcare providers looking after children under the age of 8 must register with Ofsted or with a childminder agency, apart from in certain exemptions. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). The enforcement action we take is set out in the legislation. Applicants may not withdraw their application after that point unless we agree they can do this. 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. 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. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. The types of enforcement action we can take against providers breaching the requirements of the Early Years Register include: The enforcement powers available to us do not have to be used consecutively or in any order. The types of enforcement actions we can take against providers breaching the requirements of the Childcare Register include: We will consider enforcement action where appropriate, including for those providers that are registered only on the voluntary part of the Childcare Register (and whose activities do not require registration). We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. have the suspects actions negatively impacted on a third party? Some regulatory cases will remain open until we know the outcome of any legal action. In some cases, we may take steps to cancel a registration while a suspension is in place. If the annual fee is not paid, we will cancel the registration unless we are given notice that the provider wants to be removed from the register. In some circumstances, we can impose, vary or remove conditions of registration. has the suspect misled anyone as to their registration status? For registered providers, the burden of proving the case rests with Ofsted. Development Matters has been updated. There are a number of offences linked to providing unregistered childcare. Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was revised and published in September 2020 and is to be used until the new EYFS is finally implemented. It lasts until we revoke it. We will not be involved directly in these investigations. 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. 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. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. Development means physical, intellectual, emotional, social or behavioural development. 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? Any photos taken with an Ofsted mobile phone, computer or tablet will be deleted from these devices once they have been transferred to our systems. The sudden serious illness of any child for whom later years provision is provided. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. Click to enable/disable Google Analytics tracking code. A warning letter sets out the offence that we reasonably believe is being committed. This framework will remain in force until further notice. See further guidance on the provisions for rehabilitation of offenders. Dont include personal or financial information like your National Insurance number or credit card details. Reports, Book a DEMO Employers should notify local child protection agencies of any serious accident or injury to, or the death of, any child while in their care, and should act on any advice from those agencies, Details about upcoming virtual events and webinars on Disordered Eating in children and young people (CYP), and the launch of the CYP Mental Health Equalities Listening project report. 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