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. If you have any concerns around safeguarding or SEND then you may find that support is needed for the child and their family. 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. 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. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. 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. Securities and Exchange Board of India. 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. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. At the same time, new sections on play, characteristics of effective learning, and self-regulation are designed to help practitioners reflect on and develop their own pedagogy. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. It is for providers to decide whether these arrangements are appropriate and operated in line with the GDPR, the Data Protection Act 2018 and the Human Rights Act 1998. Change to the name or registered number of the company or charity providing care. has the suspect misled anyone as to their registration status? Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This will not result in disqualification. However, we will only suspend where we believe there may be a risk of harm. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. gift economy advantages and disadvantages; santa cruz redwood wedding venues. We will write to the provider to let them know we have done this. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Training is available from a wide range of providers including: Theregister of regulated qualificationsmay help providers to identify paediatric first aid providers. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. This will not result in disqualification. We will not impose a condition that conflicts with the legal requirements, including the EYFS. 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. 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. 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. To help us improve GOV.UK, wed like to know more about your visit today. If information comes from an anonymous source, we encourage them to speak directly to the provider. The same applies if the person lives or normally works on childcare premises. This will depend on the nature and seriousness of the offence. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. We will write to the applicant to let them know we have done this. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. The provider may object. They can then provide additional information. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. 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. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. In some circumstances, we can impose, vary or remove conditions of registration. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. Learning Journeys 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. 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. Once registration has been granted, if we are concerned that a requirement is not being met, we may use a condition as a means of enforcing that requirement. 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. 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. has actual harm been caused or was there a risk of harm being caused? 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. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. 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. Failure to notify us of these events, without reasonable excuse, is an offence. 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. have the suspects actions negatively impacted on a third party? FAQ, Parents App Apple We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. However, we will not impose at this stage a condition that replicates a legal requirement. We will work closely with the local authority and the police when there is a section 47 investigation. This will be based on the evidential test and public interest factors set out above. 2. 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. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. 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. 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. If we intend to refuse an applicants registration, we will serve an NOI. Be the first to get our inspirational guides, new articles, e-books and tips all straight to your inbox. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). is the offending likely to be continued, repeated or escalated? Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. 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. 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 do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. 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. 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). This section sets out our powers of enforcement for providers on the Early Years Register. We serve an enforcement notice under section 33 of the Childcare Act 2006. 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. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. We will ensure that the evidence in support of the grounds for cancellation meets the required standard, which is the balance of probabilities; in other words, that it is more likely than not to be correct or true. We may prosecute a person who knowingly employs a disqualified person. 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 refuse registration, the person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. 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. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. 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). Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. Some examples of Statutory bodies in India are: National Commission For Women Some enforcement actions allow periods for written representations and appeals before the action takes effect. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. Birth to 5 Matters is the new non-statutory guidance to implementing and understanding the new EYFS 2021 framework. 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. Prosecution for some offences can only be brought after we have taken certain procedural steps. Early Years Sector NOT Recognised Under Self Isolation. If the evidence meets the test for prosecution, we may also instigate a prosecution. We cannot serve a WRN for failure to meet learning and development requirements. We can suspend their registration for the non-domestic premises or both premises. We can do this when a provider is first registered or at any time afterwards. We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. All investigations of criminal offences should be carried out having regard to any relevant principles contained in the Police and Criminal Evidence Act 1984 (PACE Act) and codes of practice. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this. If the objection is unsuccessful, we will serve the NOD and the applicant can then appeal to the First-tier Tribunal against any NOD served. In some cases, we will have taken other enforcement action before taking steps to cancel. 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. Providers should ensure there is always a first aid box accessible with appropriate content for use with children. 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. 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. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. 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. 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. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 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. CAB, for example, spend a lot of time advising . Well send you a link to a feedback form. Find out more about what we do. In addition to any statutory reporting requirements employers should keep a written record of accidents or injuries and first aid treatment. Applicants may not withdraw their application after that point unless we agree that they can do this. We will do this only after considering factors such as the seriousness of the non-compliance, the impact on children, the history of the registered persons compliance, and other actions available to us. Providers may choose to use webcams and closed-circuit television (CCTV) to allow parents to see children and to allow managers to monitor staff and children. They can apply to us to waive their disqualification. We may consider these further if a provider reapplies for registration. If using CCTV means that the provider fails to meet any other requirements of the EYFS, we would take action. 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. The original four-column structure Development matters; Look, listen and note; Effective practice; Planning and resourcing has been replaced by three columns entitled: A Unique 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. 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. We may receive a concern about a registered provider on the Childcare Register. Click to enable/disable Google Analytics tracking code. In this case, the provider may make an objection to Ofsted. See forms and other information for the First-tier Tribunal. about Celebrations in the town of Halstead, about New 24hr nursery opens in Edgbaston, about More attention needed for the benefits of Music, about The importance of language development, More attention needed for the benefits of Music. This includes arrangements for off-site activities involving young children such as educational visits. Name: The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. Daily Story If we have concerns about an applicant who withdraws their application before an NOI to refuse is served, we will record our concerns and may consider them further if the applicant applies to register in the future. When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. to what extent was the offending premeditated and/or planned? Define your Privacy Preferences and/or agree to our use of cookies. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. develop strong relationships with parents. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. We must receive their application to waive disqualification within 14 days of receipt of the NOI. Where possible, we send the NOD at the same time as the outcome letter. It will take only 2 minutes to fill in. 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. Assessment criteria: 1.2 Describe the roles and responsibilities of other agencies and professionals that work with and support your setting, both statutory and non-statutory, when supporting children with SEND Some of the other agencies and professionals that work with and support Early Years Settings can be found here 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). If a provider refuses a caution, we will usually proceed to prosecution. The legal requirements, including the EYFS receive their application to Register any agencies. 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