Legislators also dug in on their . In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. 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. 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. There is no obligation on a provider to accept a caution. Ofsted will decide whether to discontinue a prosecution. It lasts until we revoke it. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. The DBS has guidance about the referral process. We will only consider this stage if the evidential test is met. We can also use more than one type of enforcement action at the same time. 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. 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. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. If an offence is committed by a registered provider, we will consider whether we should take regulatory enforcement action (such as cancellation of registration) instead of a criminal investigation. When we decide to revoke a notice, we send the person confirmation of our decision in writing. We include information about the right to appeal against our decision to the First-tier Tribunal. You have accepted additional cookies. Pregnancy and maternity. Change of name or address of the committee, partnership, unincorporated body or agency. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. Development means physical, intellectual, emotional, social or behavioural development. See guidance on how to tell if you might be disqualified. The initial period of suspension is 6 weeks. 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. Every early years settings must to keep a record of all accidents, incidents and emergence and any serious accidents, incidents and emergences must to be reported to Ofsted. Staff and parents will feel secure knowing that policies are regularly reviewed to ensure that they meet all the needs of those working in the setting, and take into account the possible changes that could have happened in the Early Years Sector and law. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. Key indicators of effective management include: ensuring e-safety is seen as a priority by managers and that a consistent approach is being adopted across the whole organisation. These are: Early Years. However, a provider may be able to guess their identity from the information provided. 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. has actual harm been caused or was there a risk of harm being caused? While 3 or more notifications from a provider may indicate that there are serious weaknesses within the setting, they could also indicate that the provider is dealing proactively with issues that arise and complying with their legal responsibility to notify us appropriately. We will do this when the conditions set out in legislation are satisfied. These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 ("the 2007 Order") and the Early Years Foundation Stage (Welfare. In some circumstances, we can impose, vary or remove conditions of registration. 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. 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 use our power to refer where we think a person has either: The harm test is set out in section 45(3) of the Safeguarding Vulnerable Groups Act 2006. They are based on four overarching principles, including: Children learn and develop best in an enabling environment Children are unique, learn constantly and can become resilient, capable, confident and self-assured In this case, the person may make an objection to Ofsted. This helps us to determine the waiver application. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. 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. If we intend to refuse an applicants registration, we will serve an NOI. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. The registered person can appeal to the First-tier Tribunal against each period of suspension. 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. An Ofsted caution should not be confused with a caution or a conditional caution from the police. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. what was the suspects level of involvement? We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. This is known as the 50% rule. This happens if they live on premises where a disqualified person lives or works. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. However, when viewed in the context of other recent events and information, it may suggest greater concern. We have the power to impose conditions at the point of registration. 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. Research has found that raising the retirement age to 70 would cut monthly Social Security payments for early retirees by about 15 percent. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. This includes notifying us of any other significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises on which childcare is provided to look after children. 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. It will also include observations and . It is an offence if they do so. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. If the information suggests risk of harm, we may use our urgent enforcement powers. We may also take this into account when determining any new application for registration. 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. This means that it must not be usual practice for an early years provider to administer medicines without permission to do so and not that all medicines, both prescription and non-prescription have to have been prescribed for a child by a doctor, dentist, nurse of pharmacist. 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. Staff have registers which include all of your child's details. 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). 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. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. What legislation does this framework refer to? If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. 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. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. We serve an enforcement notice under section 33 of the Childcare Act 2006. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. has the suspects registration been cancelled previously or have they been refused registration with Ofsted, and what were the reasons for the cancellation or refusal; for example, did they relate to safeguarding concerns? We encourage applicants to give us as much information as possible, including details of their job description if they are applying for a specific role. Safety rules. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. For childminders and providers of childcare on domestic premises, people may be disqualified by association. 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. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. is the offending likely to be continued, repeated or escalated? These signs should be clearly visible and readable and, if not obvious, contain the details of the organisation . Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Applicants may not withdraw their application after that point unless we agree they can do this. 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. 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 you are a new setting or an existing one that would like any assistance with your HR . If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. Good practice is best achieved by embedding e-safety across all areas of the early years provision. 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. To help us improve GOV.UK, wed like to know more about your visit today. Where a person who is not listed on the registration form tries to collect a child, they . In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. 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. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. Inform and keep staff up-to-date with health and safety guidelines for early childhood centres, such as: Implementing a no running policy indoors. 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. Details of any order, determination, conviction or other ground for disqualification from registration that affects either: Details of any criminal convictions and cautions of the nominated individual or anyone applying to register to provide later years provision. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children may be suffering or likely to suffer harm. The person is therefore liable to be proceeded against and punished accordingly. Unit 310 - Support organisational requirements for recording, storing and disclosing information and providing reports in an early years setting 1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports Two essential parts of professional practice in early years are sharing information and maintaining records. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. Death or illness of, or serious accident or injury to, an adult on the premises. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. It is an offence for a person who is so disqualified to: A childminder agency must not employ a person disqualified from registering as a childminder agency in any capacity that involves being directly concerned in the management of a childminder agency or where they may enter premises on which early or later years childcare is being provided. 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. This will not result in disqualification. 5. The use of CCTV is not covered by the EYFS. Under The Data Protection Act 1998, if you use CCTV on your premises you have a legal requirement to provide adequate signage stating that it is in operation. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. 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. For providers registered on the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. Change to the name or registered number of the company or charity providing care. 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. If we decide to lift the suspension, we will inform the registered person. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. We may also seek to impose conditions in an emergency. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. All childminders still registered with the agency at the point of cancellation will be transferred to Ofsted, unless they are disqualified or we think they may be disqualified. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. The party that requested the withdrawal can apply to have its case reinstated. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 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. A court may only convict if it is sure that the defendant is guilty. The act specifies duties that employers and employees must fulfil. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. If we waive disqualification, a person may then apply for registration. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. If we take action to suspend or cancel the registration of a childminder or childcare provider, we tell the local authority where the provider is located. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. Why do early years settings need to consider this? 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. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. They can only apply for a review if they believe there is an error of law in the decision. 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. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. to what extent was the offending premeditated and/or planned? The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. 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. We do this to allow the registered provider to take action before we do. We may receive a concern about a registered provider on the Childcare Register. Sexual orientation. You have rejected additional cookies. The protection of children is paramount to our approach to enforcement. They apply to the early years providers and agencies that we regulate. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. Good practice. When a registered childminder agency 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. It will also support your continuous professional development in line with the Early Years Teachers Standards. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. This will depend on the nature and seriousness of the offence. In some cases, we will have taken other enforcement action before taking steps to cancel. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. 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 protected characteristics listed in the Act are: 1. For example, we may limit it to a particular setting or role. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. Serious Case Reviews (SCRs) continue to highlight failings in how and what information is recorded when there are concerns about a child, as well as how, when and with whom it's shared.
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