The circumstances that cause disqualification are set out fully in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. This means that their existence and powers are not set out in legislation. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. We gather parents and carers details from the provider or childminder when we issue the suspension, and we will write to them to inform them if we suspend a childminder or childcare providers registration. Non-statutory mental health services If you receive Child and Adolescent Mental Health Services (CAMHS), it is not always likely that you will have an adult mental health worker when you. 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. Where a registered person or body is convicted of an offence that we have prosecuted, we will consider any conviction in determining their ongoing suitability for registration. We will also inform parents and carers when the suspension has been lifted. Otherwise, the application will be refused. We make clear to parents and the public who look at the Ofsted reports website that there are concerns and/or that Ofsted does not consider this provider suitable to provide childcare. 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. We will review the response. 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. 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. Development means physical, intellectual, emotional, social or behavioural development. You can also use these options and change the printer destination to save the content as a PDF. This is sometimes also referred to as voluntary cancellation or resignation. 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. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. Private- are settings run as businesses to make profit. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. For Nurseries GooglePlay, Disclaimer | Privacy Policy | Security | Terms & Conditions | Testimonials, 2022 Nursery Story Nursery Management Software As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. 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. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. The protection of children is paramount to our approach to enforcement. Days and hours during which later years childcare is to be provided. Help & Knowledge Base When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. We can also use more than one type of enforcement action at the same time. has actual harm been caused or was there a risk of harm being caused? If we have concerns about an applicant who withdraws their application, we will record our concerns and may consider them if the applicant applies to register in the future. Offences under the Childcare Act 2006 are: The 2 offences marked with an asterisk (*) in this list apply equally to provision run by schools, which are otherwise exempt from regulation under sections 34(2) and 53(2). When we are notified of an event, we may ask the provider notifying us to provide us with more information about what it has done in relation to the event. Early Years Careers provides a supportive forum where Early Years professionals can value the sharing of best practice to help deliver outstanding practice in Early Years settings and enhance Continuous professional development. If the First-tier Tribunal decides not to review the decision, or reviews it and decides to take no action, the party can apply for permission to appeal. For childminders and providers of childcare on domestic premises, people may be disqualified by association. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. The provider commits an offence if they fail to carry out the WRN actions within the specified time. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. This is because it may jeopardise other agencies investigations. The enforcement action we take is set out in the legislation. We assess all the information we receive against the details we already hold about the registered provider or setting to decide on the appropriate action to take. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. 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. 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). For information on how to continue to view articles . addressing financial hardships If early help is in place through the Focus Family approach, then issues which lead to Benefit Sanctions, such as We may carry out checks on childminders so that we can establish whether they are disqualified. This will determine whether any safeguarding or enforcement action is required. Childminder agency applicants may withdraw their application for registration at any stage. This is known as the 50% rule. An Ofsted caution is not disclosable as a part of any DBS check. If you fail to inform us you may commit an offence. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. Warning letters are non-statutory actions. See further guidance on the provisions for rehabilitation of offenders. This helps us to determine the waiver application. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met is transparent is accountable and complies with the Regulators' Code Ofsted's powers of. Child Profiles 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. 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. 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. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. They can then provide additional information. 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. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. Early years providers must meet the requirements of the EYFS. For example, some require a suspect to have had an opportunity to make representations. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. It may also be possible to request a paper hearing of the appeal. 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. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. Some regulatory cases will remain open until we know the outcome of any legal action. In certain cases, we may need to take both regulatory and criminal action. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu. Non statutory requirements Do you have a copy of, or online access to the Statutory Framework for Early Years Foundation Stage 2014 Have you completed your Ofsted Self Evaluation Form or any other method of Self Evaluation? We do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. See guidance on how to tell if you might be disqualified. The use of CCTV is not covered by the EYFS. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. Health means physical or mental health. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. non- profit - distribution and includes a degree of voluntarism" (Ronald et al, 2012: 52). The applicant will need to keep the letter in case it is needed to show an inspector or new employer. 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. If the information suggests risk of harm, we may use our urgent enforcement powers. In some circumstances, we can impose, vary or remove conditions of registration. A court may only convict if it is sure that the defendant is guilty. 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) It is also an offence for a disqualified person to be directly involved in the management of the provision. We may, however, cancel a providers registration without taking any previous enforcement action if a concern is sufficiently serious and/or when children are at risk of harm. Ofsted neither endorses nor prevents the use of CCTV. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. 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. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. We have the power to impose conditions at the point of registration. 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 must include a copy of the notice against which the appeal is brought, and an appeal application form. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. The DBS is responsible for deciding whether to include a person on a barred list. We may also seek to impose conditions in an emergency. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. We consider information about unregistered services and provision on unapproved premises and take appropriate action. 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. Early Years Observations The registered person can appeal to the Tribunal against each period of suspension. This policy should be read alongside other guidance documents: The legal basis of our enforcement work is set out in the Childcare Act 2006 and its associated regulations. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. Employers are responsible for identifying and selecting a competent training provider to deliver theirPFAtraining. Failure to notify us of these events, without reasonable excuse, is an offence. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. 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. They represent the commitment of organisations to: Work together to prevent and protect adults at risk from abuse Empower and support people to make their own choices Investigate actual or suspected abuse and neglect. This will not result in disqualification. to what extent was the offending premeditated and/or planned? It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. 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. The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. 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. One of the many things we loved most about Birth to 5 Matters was the decision not to include the word teaching in the Characteristics of Effective Learning. This can be announced or unannounced. 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. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. to what extent has the suspect benefited, or intended to benefit, from the offence? 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. 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. Change to the name or registered number of the company or charity providing care. 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.
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