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. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. Change of name or address of the committee, partnership, unincorporated body or agency. The applicant may make an objection to Ofsted. Development Matters - DfE Non-statutory curriculum guidance for the early years foundation stage September 2020 Development Matters - non-statutory curriculum guidance for EYFS (publishing.service.gov.uk) 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. what was the suspects level of involvement? The evidential test is a different test from the one that the criminal courts must apply. 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. 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. Read More. how serious was the harm (whether actual harm or potential harm)? This does not automatically mean we will grant registration. more information Accept. Birth to 5 Matters Birth to 5 Matters is the new non-statutory guidance to implementing and understanding the new EYFS 2021 framework. This will not result in disqualification. Applicants may not withdraw their application after that point unless we agree they can do this. 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. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. Register for services easily with our online system, Information for reporting covid case in your school, Click to see all recent covid updates and how to report covid cases in your school Read More. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If we intend to refuse an applicants registration for additional or different premises, we will serve an NOI setting out the reasons for the refusal. Child Profiles The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. If a childminder agency is not meeting the requirements of the relevant regulations, but the inspector judges that leadership has the capacity to remedy this quickly, we will set actions. Our relevant regional team will decide on the next step. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. Cancellation will apply to all of the agencys registrations. 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We may monitor compliance with the notice. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. Statutory organisation Statutory services are provided by the National Health Service and social care, education and early years services mainly through local authorities. We will only consider this stage if the evidential test is met. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Using the Early Years Coalitions own words: because these refer to behaviours and dispositions of the child, not the adult. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. Under the same Act, providers have a legal duty to refer to the DBS when the conditions are met, and it is an offence to fail to provide relevant information to the DBS without a reasonable excuse. We will only use clear, proportionate and reasonable conditions. We will retain information about the concerns that led to suspension. We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. to what extent has the suspect benefited, or intended to benefit, from the offence? Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. 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. The childminder agency remains registered until 28 days after we have served the NOD to cancel. We will write to the provider to let them know we have done this. Inspectors will not include identifiable staff or children in any photographs they take. There is no obligation on a provider to accept a caution. 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. Act 1974 (HASAWA) The Management of Health and Safety at Work Regulations 1999. In this case, the person may make an objection to Ofsted. This will report on any breaches or requirements that we find and any action taken. See Disqualification and waivers section for further information. 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. An Ofsted caution should not be confused with a caution or a conditional caution from the police. Failure to comply with the notice is an offence. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. Early years providers must meet the requirements of the EYFS. The same applies if the person lives or normally works on childcare premises. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. Notification should be made as soon as is reasonably practicable, but in any event within 14 days of the incident occurring. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. There are 4 aspects to Ofsteds regulation of childminder agencies. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements under the Childcare (Early Years Register) Regulations 2008. We will carefully consider the application and the circumstances 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. The party that requested the withdrawal can apply to have its case reinstated. 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. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. If we intend to refuse an applicants registration, we will serve an NOI. 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 also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. Failure to notify us of these events, without reasonable excuse, is an offence. 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. When we receive information or allegations that suggest a breach of relevant regulations or legislation, we check whether children are at risk of harm and/or whether a provider is complying with the law. 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. We consider each request on its own merits. 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. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. 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. Development Matters is non-statutory guidance for the Early Years Foundation Stage. 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. However, we will not impose at this stage a condition that replicates a legal requirement. 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. Reports, Book a DEMO on 31 March 2021, and it is mandatory for all early years providers in England from 1 September 2021. Does this include reference to you previous Ofsted actions? Birth to 5 Matters is a guide for Early Years practitioners. We will write to the applicant to let them know we have done this. 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 will do this by asking ourselves the questions at b) and c). 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. We can only consider extending a suspension beyond 12 weeks if one or both of the following apply: 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. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. The Department's Inclusion and Early Intervention (IEI) section also works in partnership with parents, schools and . In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. We must also agree with the other organisations what information we can share with the registered provider about the concern. They can then provide additional information. 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. 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. 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. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. It may also be possible to request a paper hearing of the appeal. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. "statutory agency" published on by null. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. 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. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). We may consider these further if a provider reapplies for registration. 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. We may also seek to impose conditions in an emergency. 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. 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. However, there are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. Here you can change your Privacy preferences. 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. 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. It is an offence to provide childcare on non-approved premises. FAQ, Parents App Apple 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. 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