We follow our safeguarding policy and statutory government guidance in Working together to safeguard children and will always carry out an assessment of risk on receiving any information. Instant messaging Your Local Education Authority Training Courses, Female Genital Mutilation online training course, National Childrens Food Festival Week 2016, Celebrating National Childrens Food Festival 2016, Early Years Mock Ofsted Inspection Booklet. is the offending likely to be continued, repeated or escalated? We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. The document offers a top-level view of how children develop and learn. Help & Knowledge Base . Click to enable/disable Google Analytics tracking code. 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. Birth to 5 Matters is a guide for Early Years practitioners. 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. The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. We exercise these powers to reduce the risk of harm to children who use regulated early years services, to enforce compliance with the law and to improve the quality of services. Our privacy notice for childcare sets out what personal information we collect, what we do with it, how long we keep it and individuals rights under data protection legislation. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. 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. We do not routinely prepare press releases in advance of any prosecution, but we will respond to media enquiries through our press office about a prosecution or other matters. We must write to the registered person and tell them that the law requires us to cancel their registration. The person can appeal to the Tribunal. We may monitor compliance with the notice. 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. The framework applies to all early years providers in England. 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 serve an NOI setting out the reasons for the action proposed. When an external agency investigates concerns and makes decisions about the welfare of children, we continually reassess whether the registered provider continues to meet the regulations and/or remains suitable for registration. 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. The EYFS requires that at least one person who . However, if these objections are not upheld, an NOD will be served against which an agency may appeal. 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 also notify them that it is an offence to operate until they are registered, including while an application is in progress. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. We consider each request on its own merits. If the concern is about the nominated individual or another person who is part of the registered organisation providing the childcare, we communicate with someone else who represents that organisation, such as another director. 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. 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. 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). When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. 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. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. Providers may also appeal to the Tribunal against an emergency order made by a magistrate to: Please see our guidance on how to appeal. In this case, the person may make an objection to Ofsted. These actions are included in the compliance inspection letter. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. They can then provide additional information. 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. We will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. 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. 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. We do this when we or the other agency have identified concerns that suggest possible fraud, regulatory breaches or issues around the suitability of a provider to provide childcare. The Ofsted caution is non-statutory and not recorded on the Police National Computer. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was, and is to be used until the new EYFS is finally implemented. The childminder agency remains registered until 28 days after we have served the NOD to cancel. 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. The registered person can appeal to the First-tier Tribunal against each period of suspension. Statutory Public Services- required by law and funded by Governments. 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We may consider these further if a provider reapplies for registration. 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. 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 what was the suspects level of involvement? However, they need to understand the constraints that this can place on our actions. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. Even if we uphold the providers objection to these other issues, we must still serve a notice of our decision to cancel the registration on the grounds that the registered person is disqualified, unless they provide evidence that the information we have about the disqualification is inaccurate and they are not disqualified. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. They will also update the published outcome summary to show whether the WRN actions have been met. Be the first to get our inspirational guides, new articles, e-books and tips all straight to your inbox. The document was developed and launched on 31 March 2021 by the, Each child is unique and experiences the world differently, Children need positive relationships with their parents and the entire community to develop healthily, Settings and Early Years practitioners should be ready and prepared to enable environments that offer children security, comfort, engagement and opportunity, as this is essential to helping with the childrens development, The entire community should work together to support childrens future development and promote and value diversity, How To Improve Your Setting Community Engagement. The good news towards developing your own pedagogy is that settings now have the freedom to determine what, when, and how to offer experiences and support to help children progress in their learning and development from birth onward. FREE Parent App The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. However, we will not consider the convictions and cautions to be spent in relation to the suitability of a person if they are directly providing, involved in the management of, or employed in connection with childcare. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. As a practitioners in an early years setting you may at some point work with multi agencies. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. The challenge is for the childs community (parents, settings and practitioners) to provide opportunities for positive relationships, enabling environments that encourage their engagement and recognise their strengths. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. If we intend to refuse an applicants registration, we will serve an NOI. To your inbox providing education and skills for learners of all ages applies to all years. A providers registration that it is an offence, we will also them. Individuals listed as directors 28 days after service of the Childcare Act 2006 articles. To get our inspirational guides, new articles, e-books and tips all straight to inbox... Our actions cancel their registration while suspended, we will not serve an setting... To your inbox can impose any condition on a providers registration that it thinks fit years.. 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