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 inspector will also consider whether further enforcement action is appropriate. If we have concerns about the provider, we will keep the information on record because we may wish to consider this should the provider seek future registration with Ofsted. 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. For example, we may do this when a registered early years provider applies for voluntary cancellation before we complete our assessment and we have not served a notice of our decision to cancel but we have concerns about that person. We exercise these powers to reduce the risk of harm to children who use regulated early years services, as well as to protect children from unregistered services, to enforce compliance with the law and to improve the quality of services. The applicant may make an objection to Ofsted. 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. However, they need to understand the constraints that this can place on our actions. 2. This will set out the reasons for the refusal. This document is to help managers of early years settings (including wrap around care for the early years age group) ensure their online safeguarding practice is in line with statutory. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. 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. We must write to the registered person and tell them that the law requires us to cancel their registration. This module will explore the changing features of different Early Years settings, working with other professional and the skills and the core skills of those workers. 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. It is an offence if they do so. In this article we are going to talk about: What is safeguarding? It will also include observations and . The suspension is lifted as soon as we inform them. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. 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 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. Staff have registers which include all of your child's details. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. We can suspend a providers registration under section 69 of the Childcare Act 2006 and the The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. We can do this when a provider is first registered or at any time afterwards. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. Legislation at all levels can serve several purposes. It is an offence for a provider registered on the Early Years Register and/or compulsory part of the Childcare Register to fail to comply with a suspension notice. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. If using CCTV means that the provider fails to meet any other requirements of the EYFS, we would take action. We will write to the applicant to let them know we have done this. This will determine whether any safeguarding or enforcement action is required. This includes any person who was not previously disqualified but is now disqualified under any new or amended regulations, or through any new offences or disqualifying events that happen after the registration is granted since the person was employed. 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. Failure to comply with the notice is an offence. They can then provide additional information. The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. 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. Understand legislation and guidelines for health and safety in Early Years Settings Assessment criteria: 1.1 Outline the legal requirements and guidance for: health and safety, security Health & Safety at Work Act 1974 (HASAWA) 6. Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. Well send you a link to a feedback form. 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. We can suspend their registration for the non-domestic premises or both premises. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. We will do this when the conditions set out in legislation are satisfied. There are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a provider whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. It is also an offence for a disqualified person to be directly involved in the management of the provision. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. 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. This applies to those registered on Part A of the General Childcare Register only. Some enforcement actions allow periods for written representations and appeals before the action takes effect. The House and Senate floors were both active with debate of weighty measures like Governor Kemp's "Safe Schools Act" (HB 147) and legislation amending Georgia's certificate of need law (SB 99) to allow an additional exemption for rural acute care hospitals. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. If we cancel a childminder agencys registration with Ofsted, any childminders who are registered with the agency (unless they are disqualified or we think they may be disqualified) will have their registration transferred to Ofsted when the decision takes effect. ensures that they meet the requirements so that childrens safety and welfare are maintained. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Please click on the button below to view the full . 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. 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. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. The Ofsted caution is non-statutory and not recorded on the Police National Computer. 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. The children's act 1989 is a British act of parliament that changed the law concerning children; the law introduced the idea of 'Parental responsibility' i.e. When a registered provider has failed to respond and/or we have lost confidence in their ability to make and sustain improvements to meet regulations, we may decide to cancel their registration. We would also expect providers to do the same with inspectors on visits/inspections. In this case, the provider may make an objection to Ofsted. in early years settings 6.4 Describe legislation, regulations and guidance that apply to infection prevention and control in early years settings 6.5 Explain the immunization programme for children and its role in infection control. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. We may receive concerns that do not suggest a risk to the safety or well-being of children. We expect the registered person to demonstrate how the action taken is improving the standards of the agency, as well as the standards of the agencys employees and childminders registered. We will also consider referral to the DBS or other agencies if appropriate. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. We cannot serve a WRN for failure to meet learning and development requirements. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. The requirements are that the registered person does not give corporal punishment, and ensures that no person who cares for the child, or who lives or works on the premises, gives corporal punishment to the child (Regulation 9). In this case, the person may make an objection to Ofsted. Good practice is best achieved by embedding e-safety across all areas of the early years provision. It will also support your continuous professional development in line with the Early Years Teachers Standards. We may choose to gather further information and evidence before we make a decision about what enforcement action, if any, we will take. 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. In some cases, we will have taken other enforcement action before taking steps to cancel. Outline, Pages 7 (1670 words) Views. This will report on any breaches or requirements that we find and any action taken. Why do early years settings need to consider this? The children's Act 1989. Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. We may respond to concerns in one of the following ways: We inform the registered provider (or its nominated individual) that we are looking at a concern and of any information we have that suggests non-compliance. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. The National Cyber Security Centre (NCSC) has published its bespoke guidance for early years education and childcare settings, offering practitioners top tips on how to protect their devices and data from cyber incidents. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. 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. Our relevant regional team will decide on the next step. It takes effect as soon as the notice is served. Other offences do not need any steps before bringing a prosecution. 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. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. You have accepted additional cookies. . Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. Over the years many local authorities have made changes to improve record keeping in children's services, including early years settings. Pregnancy and maternity. 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 disqualification takes effect when an NOD is served. 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. It also provides guidance on good practice. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. 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. 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. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. The same applies if the person lives or normally works on childcare premises. 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. 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). When invited, we attend strategy discussions when the investigation concerns a: Ofsted does not hold a statutory responsibility for child protection matters, but we work together with other statutory agencies by sharing information we hold to protect the welfare of children and young people. Four guiding principles should shape practice in early years settings. 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. With a week remaining before Crossover Day, activity hit a fever pitch in the Capitol on Monday. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. This means that childminders registered with the agency are still able to operate. Safeguarding is the term used to describe the protection of children from any abuse, maltreatment or impairment. After 28 days, the decision takes effect, unless the agency has appealed to the First-tier Tribunal, in which case they remain registered until the appeal is determined. 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. Children are encouraged to maximise the benefits and opportunities 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. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. 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. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). 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. This will usually be an inspection but may be other regulatory activity. We have working arrangements for childcare protocols between Ofsted and other organisations to ensure that working practices are consistent with the role and responsibilities of the appropriate organisations. The registered provider must demonstrate that the requirements will be satisfied, and are likely to continue to be satisfied, in relation to the proposed provision. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. This policy is also applicable where staff or individuals have been provided with setting issued devices for use off-site, such as a work laptop or mobile phone. 7919. 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. 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. 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. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. We have the power to impose conditions at the point of registration. This will include all settings within the registration. 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. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. See guidance on how to tell if you might be disqualified. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. 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. The following examples are to be kept confidential; enrolment forms, family's health insurance . In 2015, the U.K. government passed the Prevent duty as a legal requirement for all registered early years providers and schools throughout Great Britain. In some cases, the suspension may be lifted without any further action as the enquiries confirm that the provider continues to meet the requirements of registration. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. If we decide to refuse registration, the notice remains in effect. See more. We may prosecute a person who knowingly employs a disqualified person. The use of CCTV is not covered by the EYFS. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. It may, therefore, be appropriate in some circumstances to also take urgent enforcement steps, for example suspension, at the same time as taking longer-term action. Inspectors will not include identifiable staff or children in any photographs they take. We must receive their application to waive disqualification within 14 days of receipt of the NOI. Instructions may vary depending on which internet browser you use, such as Internet Explorer or Google Chrome, and the type of device you use, such as a phone or laptop. Not allowing children to use equipment/apparatus without adult supervision. 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. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. However, a provider may be able to guess their identity from the information provided. It could save time, money and. 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. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. Otherwise, the application will be refused. We will confirm our objection decision in writing. 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. For registered providers, the burden of proving the case rests with Ofsted. Get quality help now writer-marian Verified writer Proficient in: Health 4.8 (309) This will depend on the nature and seriousness of the offence. 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. 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. The DBS is responsible for deciding whether to include a person on a barred list. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. Neither party can apply for a review on the grounds that they do not agree with the decision. 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. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. The registered person can appeal to the First-tier Tribunal against each period of suspension.