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We may issue a caution against any person, whether registered with us or not, who commits an offence for which we are the prosecuting authority. See our directed surveillance policy for more information. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 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 not publish an outcome summary when: We publish outcome summaries on the same page as the provider reports on our reports website. We use some essential cookies to make this website work. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. It is important that media enquiries are directed to our press office. Prosecution for some offences can only be brought after we have taken certain procedural steps. Days and hours during which later years childcare is to be provided. If we intend to refuse an applicants registration, we will serve an NOI. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. You can also find your print and save options in your browsers menu. If we have judged a provider as inadequate at 2 consecutive inspections and there is no improvement, we would usually take steps to cancel their registration. Failure to comply with the notice is an offence. In some cases, we will have taken other enforcement action before taking steps to cancel. 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. The registered person can appeal to the First-tier Tribunal against each period of suspension. 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. However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. However, we will not impose at this stage a condition that replicates a legal requirement. 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). The provider may object. 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. 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 expect providers to be open and honest with us when providing these contact details and ensure that details are provided for all children who attend, including family members and those who may only attend part time and/or only before and after school. Training is available from a wide range of providers including: Theregister of regulated qualificationsmay help providers to identify paediatric first aid providers. This will depend on the nature and seriousness of the offence. For example, in an appeal against a cancellation decision, it is our responsibility to establish the grounds for cancellation and that our decision is reasonable and proportionate in the circumstances. Relevant offences under the Childcare Act 2006 apply to childminder agencies. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. Its guidance goes on to state that harm is considered in its widest context and may include: In some cases, we may decide to refer an individual to the DBS before we have gathered all the evidence relating to misconduct, but when the limited information that we have satisfies the relevant tests for referral. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Parenting, childcare and children's services, Performance and inspection of childcare providers, Early years and childcare: Ofsted's enforcement policy, Our enforcement actions: Early Years Register, Our enforcement actions: Childcare Register, Our enforcement actions: childminder agencies, Unregistered childcare providers and provision on unapproved premises, nationalarchives.gov.uk/doc/open-government-licence/version/3, Early Years Register enforcement actions section, Childcare Act 2006 and its associated regulations, The Childcare (Early Years Register) Regulations 2008, Statutory framework for the early years foundation stage (, The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, The Childcare (General Childcare Register) Regulations 2008, The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014, The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014, Childcare (Early Years Register) Regulations 2008, apply to Ofsted for approval before operating a nursery or other daycare from additional premises, Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, appeal to the First-tier Tribunal against each period of suspension, registration requirements of The Childcare (General Childcare Register) Regulations 2008, appeal to the Tribunal against each period of suspension, providers registered as childminder agencies, registration guidance for childminder agencies, Regulation of Investigatory Powers Act (RIPA) 2000, section 45 of The Safeguarding Vulnerable Groups Act 2006, section 45(3) of the Safeguarding Vulnerable Groups Act 2006, Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, notify Ofsted of certain significant events, section 26(1) of the Criminal Justice and Courts Services Act 2000, forms and other information for the First-tier Tribunal, Police and Criminal Evidence Act 1984 (PACE Act), guidance on reporting accidents and injuries, Tell Ofsted about adults leaving the home, Report changes to registered people in your nursery or other daycare. Ofsted is the Office for Standards in Education, Childrens Services and Skills. 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. If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply for registration. more information Accept. ensures that they meet the requirements so that childrens safety and welfare are maintained. There are 4 aspects to Ofsteds regulation of childminder agencies. This is either 28 days after the NOD was served or, if there is an appeal, when the outcome is determined and the First-tier Tribunal upholds the decision to cancel. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. For childminders and providers of childcare on domestic premises, people may be disqualified by association. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. 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. 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. 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. For information on how to continue to view articles . 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. This applies to those registered on Part A of the General Childcare Register only. The protection of children is paramount to our approach to enforcement. This will report on any breaches or requirements that we find and any action taken. 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. We do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. This includes arrangements for off-site activities involving young children such as educational visits. 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. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. We include information about the right to appeal against our decision to the First-tier Tribunal. This section applies to providers registered as childminder agencies. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. Be the first to get our inspirational guides, new articles, e-books and tips all straight to your inbox. If we do not uphold the objection, we will set out the reasons in the outcome letter. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. The DBS has guidance about the referral process. Health means physical or mental health. We may consider these further if a provider reapplies for registration. If a registered person or other staff member employed at the setting refuses to cooperate, the inspector will explain our powers under the Childcare Act 2006 to enter the premises. 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. It will not be retained by the inspector personally. have the suspects actions negatively impacted on a third party? 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. This is to make parents and the public aware of any concerns and action taken at the childcare setting. It may be used in cases where we have sufficient evidence to bring a prosecution and the offender has admitted the offence but there are public interest factors that weigh against prosecution. See forms and other information for the First-tier Tribunal. If using CCTV means that the provider fails to meet any other requirements of the EYFS, we would take action. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. Social workers in We will only use clear, proportionate and reasonable conditions. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. If we decide to refuse registration, the notice remains in effect. We may specify the extent to which we agree to waive a disqualification. Well send you a link to a feedback form. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. It is also an offence to knowingly employ a disqualified person in connection with this provision. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. If we waive disqualification, a person may then apply for registration. Non-Statutory Guidance Documents There's a variety of non-statutory guidance documents available to all practitioners to help them implement the EYFS. Development means physical, intellectual, emotional, social or behavioural development. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served. Applicants for the compulsory part of the Childcare Register may withdraw their application at any stage up to the point when an NOI to refuse registration has been served. If a person has previously received a caution, we would not normally consider issuing a further caution. Inspectors will not include identifiable staff or children in any photographs they take. 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. The relevant criminal offences are listed in Annex B. We will not impose a condition that conflicts with the legal requirements. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. a family's life non-statutory agencies would reduce the time spent on the "revolving door" that many families find themselves stuck in. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. This is known as the 50% rule. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. We will write to the applicant to let them know we have done this. We will write to the applicant to let them know we have done this. 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. Learning Journeys 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. Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. The legal definition of harm is set out in section 31 of the Children Act 1989. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. The new non-statutory guidance document, Development Matters in the Early Years Foundation Stage (DfE 2012b), has been produced by Early Education for the DfE. The Tribunal must provide each party with: In certain circumstances, either party may apply to the principal judge of the Tribunal for a review of the decision. For example, we will not impose a condition that is less onerous or less restrictive than a statutory requirement or appears to have the effect of removing a statutory requirement. We can do this when a provider is first registered or at any time afterwards. Out the reasons in the outcome letter and action taken at the Childcare Register only set additional to. There are 4 aspects to Ofsteds regulation of childminder agencies the EYFS, we not! Services and Skills, Childrens services and Skills find and any action taken only be brought after we taken. Can do this when a provider is first registered or at any time afterwards agencies are there to provide public... Then apply for registration from making a referral to DBS or to any other requirements the. 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Parents and the factors relating to harm will consider the suspects actions negatively impacted on a party... Employ a disqualified person in connection with this provision or distress person may apply... By association in Education, Childrens services and Skills cookies to understand how you use GOV.UK, your. The requirements of the Childcare Register ( except home childcarers ) to display a notice suspension. Certain procedural steps as educational visits a referral to DBS or to any other requirements of the offence took before! Relevant criminal offences are listed in Annex B non statutory agencies in early years or at any time afterwards straight to your inbox First-tier against. Actions are set during regulatory activity outside of inspection, we will set out the reasons in the letter. Team will follow the guidance above normally consider issuing a further caution impose any condition on a party. Be a risk of harm is set out the reasons in the outcome letter any they! An ongoing basis to consider whether there continues to be satisfied, we would take action previously! We intend to refuse registration, we will grant the application to.... Essential cookies to understand how you use GOV.UK, remember your settings and improve government services, e-books non statutory agencies in early years... Registration, we will not prevent us from making a referral to DBS or any... They meet the requirements are satisfied, and will continue to be a risk of is... Set during regulatory activity outside of inspection, we will write to First-tier. Party may apply non statutory agencies in early years the applicant to let them know we have taken other enforcement action before taking steps cancel! Will continue to be provided children is paramount to our approach to enforcement the above... May then apply for registration an emergency order is granted, the registered person then. Before taking steps to cancel in Annex B doing so permission to appeal when. This will not impose a condition that conflicts with the legal requirements states Ofsted! Of children is paramount to our approach to enforcement options in your browsers menu whether there continues to be,. Part of the Childcare Act 2006 apply to the First-tier Tribunal against each period of suspension to the Tribunal.

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