As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. An Ofsted caution is not disclosable as a part of any DBS check. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. Death or illness of, or serious accident or injury to, an adult on the premises. Teaching children safe methods for carrying equipment, such as scissors or chairs. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. Ofsted has the power to waive disqualification. A person who is disqualified must not provide early or later years childcare provision that requires registration or be directly concerned in the management of this provision. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. 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. 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. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. 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. 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. It also gives time for us or the provider to take steps to reduce or remove any risk to children. Health means physical or mental health. The provider may object. To ensure that the policies and procedures are followed effectively the school should: Ensure that all staff are aware of the policies and have a duty to co-operate with them. An Ofsted caution should not be confused with a caution or a conditional caution from the police. 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. We will always write and publish an outcome summary after any type of regulatory activity, if we or the provider have identified a breach of requirements, including if the provider has already taken action to address this. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. There are 4 aspects to Ofsteds regulation of childminder agencies. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. In this case, the person may make an objection to Ofsted. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. 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. We suspend registration if we reasonably believe that the continued provision of childcare by the registered person to any child may expose the child to a risk of harm. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. If we are satisfied that a provider has met the actions, we will confirm this by responding to the email and updating the published outcome summary. In some circumstances, we can impose, vary or remove conditions of registration. Children and Young People (Scotland) Act 2014 This Act concerns the provision of services and support for children and young people; it covers adoption, children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools. This can be announced or unannounced. We can suspend registration for all a providers settings or for particular premises. how did the offending come to an end? We can also use more than one type of enforcement action at the same time. We will not impose a condition that conflicts with the legal requirements, including the EYFS. is the offending likely to be continued, repeated or escalated? have the suspects actions negatively impacted on a third party? It was designed to protect employees in the workplace and applies to settings with 5 or more employees. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. Workplace Security Legislation - What You Need to Know. 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. May 2000 - Dec 20099 years 8 months. Where a person who is not listed on the registration form tries to collect a child, they . Irrespective of the nature of the concern, if we continue to receive multiple concerns (3 in a 2-year period) then we will always consider whether to bring forward an inspection or carry out regulatory activity. You can also find your print and save options in your browsers menu. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. When a young person is unable to take decisions regarding confidentiality, either because of lack of maturity or because of the seriousness of a mental illness or learning disability, then the child's parents or those with parental rights and responsibilities will need to be informed and consulted as necessary to help them to make any decisions The Code was updated January 2015. The registered person can appeal to the Tribunal against each period of suspension. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. 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. This will not result in disqualification. We can suspend their registration for the non-domestic premises or both premises. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. The childminder agency remains registered until 28 days after we have served the NOD to cancel. The legal definition of harm is as set out in section 31 of the Children Act 1989. If the information-giver gives us their name and contact details, but wishes to remain anonymous from the provider, we will respect their wishes if we can, but we cannot guarantee that their identity will not be deduced by the provider. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. The evacuation will be carried out in a planned and precise fashion. For these providers, in most cases, we will carry out a compliance inspection to make sure that the provider continues to meet requirements and remains suitable for registration. These actions are included in the compliance inspection letter. For example, some require a suspect to have had an opportunity to make representations. It means that an objective, impartial and reasonable bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge. The DBS is responsible for deciding whether to include a person on a barred list. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? Development means physical, intellectual, emotional, social or behavioural development. 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. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. to what extent has the suspect benefited, or intended to benefit, from the offence? It is an offence if they do so. Four guiding principles should shape practice in early years settings. 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. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? If you work in Early Years it is important you comply with safeguarding measures and understand fully what safeguarding is, understand the different types of abuse and your role in terms of safeguarding. Section 69B of the Childcare Act 2006 sets out grounds for cancellation as follows: We are likely to cancel registration where one or both of the following apply: The above list is not conclusive, however, and we may proceed to cancellation in other circumstances where grounds to cancel exist, and it is reasonable and proportionate to do so. To appeal, the registered person or applicant should email: [email protected]. This also applies to anyone connected with the application. 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 will not be involved directly in these investigations. If the evidence meets the test for prosecution, we may also instigate a prosecution. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. We cannot grant an application to register with Ofsted if the application indicates that any of the following individuals are disqualified from registration: We cannot consider the application to register unless: In these cases, we will inform the applicant of the reasons why we cannot grant the application to register. For childminders and providers of childcare on domestic premises, people may be disqualified by association. Working Together to Safeguard Children (2018) - sets out role, responsibilities and best practices for agencies and organisations that come into contact with children including early years settings, social services, care providers and police. Please see our guidance on how to object to an NOI. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. Unit 1: Legislation, Policy and Procedures for Working in Early Years Settings Level: 2 Unit type: Mandatory Credit value: 3 Guided learning hours: 25 Unit summary This knowledge unit is fundamental to practice. 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. In this context, harm means ill-treatment or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another. We serve an NOI setting out the reasons for the action proposed. If we have the power to waive that disqualification, we will follow our decision-making process. Applicants may not withdraw their application after that point unless we agree they can do this. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. 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. 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. A provider may be registered on both the Early Years Register and the Childcare Register. 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. The enforcement action we take is set out in the legislation. It will also include observations and . 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 course will ensure your practice is in line with the requirements of the Early Years Foundation Stage, The Early Years Framework and The Foundation Phase. Visitors must always be accompanied by a member of staff while in the premises. In refusing, we must be clear that the reason for refusal is because of the disqualification. 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. Ofsted may share information about registered providers and other individuals electronically with other agencies, such as the Department of Work and Pensions, His Majestys Revenue and Customs and the Student Loans Company. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. The Level 2 Diploma for the Early Years Practitioner (England) is an occupational qualification for candidates who work in Early Years Settings in England. All . This will set out the reasons for the refusal. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. However, we will only suspend where we believe there may be a risk of harm. The registered person can object to other issues raised in the NOI to cancel, if we have also included points relating to non-compliance with regulations or other factors concerning their suitability. If the applicant, provider or childminder agency tells us, in writing, that they do not intend to appeal against the decision, the decision takes immediate effect. 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. Some enforcement steps can only be taken through the NOI and NOD process. Tribunal hearings take place around the country or remotely. 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 notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. However, we will not impose at this stage a condition that replicates a legal requirement. Information in this section can be used by families, carers, providers and services. Health means physical or mental health. Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. The EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children's safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. We must also agree with the other organisations what information we can share with the registered provider about the concern. If we do not uphold the objection, we will set out the reasons in the outcome letter. This will be based on the evidential test and public interest factors set out above. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. 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. Cancellation will apply to all of the agencys registrations. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Powerful Essays Cypop 1.2 Each of the nations within the UK has a set of welfare requirements or standards that must be met by the provider of early years care. A failure to meet this requirement may lead us to consider taking enforcement action. Relevant offences under the Childcare Act 2006 apply to childminder agencies. This means that childminders registered with the agency are still able to operate. Emergency orders take effect immediately and apply to all settings under a single registration. If we intend to refuse an applicants registration, we will serve an NOI. Declaration of Independence - penned by Thomas Jefferson in 1776 during the beginning of the American Revolution - that reads "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the .