For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. Health and Safety management systems work . 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. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. In these cases, we may carry out regulatory activity or an inspection. We will not impose, at this stage, a condition that replicates a legal requirement. 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. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. staff and parents/carers being aware of e-safety issues. 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: cst@hmcts.gsi.gov.uk. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. We will write to the applicant to let them know we have done this. The letter sets out the actions that a provider must take by a certain date to meet the requirements. Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. 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. 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. If a registered person or other staff member employed at the setting refuses to cooperate, the inspector will explain our powers under the Childcare Act 2006 to enter the premises. This would include telling us about a disqualification. In 1974, Cruz's father left the family and moved to Texas. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. Ofsted is the Office for Standards in Education, Childrens Services and Skills. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. 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. Early years setting are required by law to implement the above legislations and guidelines. Where the question of whether harm suffered by a child is significant depends on the childs health or development, their health or development shall be compared with that which could reasonably be expected of a similar child. This will determine whether any safeguarding or enforcement action is required. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. 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. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. The Equality Act 2010 The law requires providers registered on both the Early Years Register and Childcare Register to display a notice of suspension if we suspend their registration on the Childcare Register, regardless of whether we also suspend their registration on the Early Years Register. Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. There must to be a staff member In most circumstances where notice is given, we will remove the provider from the register. 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. Why not register today and enjoy the following great benefits: Free access to 4 subscriber-only articles per month. 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. Operated . Applicants may not withdraw their application after that point unless we agree that they can do this. 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. We have the power to impose conditions at the point of registration of a childminder agency. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. 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. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom later years provision is being or may be provided, is suffering or is likely to suffer significant harm, we may apply to the family proceedings court for an order to: A registered provider may give notice to Ofsted for removal from the register under section 70 of the Childcare Act 2006. Ofsted neither endorses nor prevents the use of CCTV. The report or letter sets out the actions that a provider must take to meet the particular EYFS requirements, and the timeframe to do so. what was the role of the suspect in the offence (particularly where there are multiple suspects)? 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. 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. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom early years provision is being or may be provided, is suffering or is likely to suffer significant harm, we may apply to the family proceedings court for an emergency order to: The legal definition of harm is as set out in section 31 of the Children Act 1989. It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. 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. 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. It may be used in cases where we have sufficient evidence to bring a prosecution and the offender has admitted the offence but there are public interest factors that weigh against prosecution. It does not give us any discretion not to do so. These are: Early Years. We have working arrangements for childcare protocols between Ofsted and other organisations to ensure that working practices are consistent with the role and responsibilities of the appropriate organisations. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). If you are a new setting or an existing one that would like any assistance with your HR . 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 may also take this into account when determining any new application for registration. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. Where possible, we send the NOD at the same time as the outcome letter. Although Ofsted will participate in all relevant discussion about the suitability of the registered provider, we are not the decision-maker and do not take part in the decision-making process. See more. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. The list is not exhaustive, but some of the factors we may take into account are as follows. We have the power to impose conditions at the point of registration. 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. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. Any setting should have clear policies and procedures about all aspects of health and safety. 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. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. This is sometimes also referred to as voluntary cancellation or resignation. 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. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. We may also seek to impose conditions in an emergency. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? The Code was updated January 2015. The registered person can appeal to the First-tier Tribunal against each period of suspension. You can also use these options and change the printer destination to save the content as a PDF. However, we have no power to waive the disqualification if a person: If this is the case, we write to the individual to inform them that we cannot waive their disqualification. 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. Ofsted will decide whether to discontinue a prosecution. 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. The person is therefore liable to be proceeded against and punished accordingly. We can suspend their registration for the non-domestic premises or both premises. Change to the registered person, nominated individual or manager. 8. If you fail to inform us you may commit an offence. We include information about the right to appeal against our decision to the First-tier Tribunal. 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. 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. Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. 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 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 we intend to refuse an applicants registration, we will serve an NOI. The registration requirements are outlined in our registration guidance for childminder agencies. We may consider these further if a provider reapplies for registration. The law gives Ofsted a range of powers to deal with: This policy sets out the principles and approach we will follow when exercising our enforcement powers. We will use the information we have gathered in our inspection or regulatory activity to determine whether the registered provider: We will write and publish a report following an inspection. The protection of children is paramount to our approach to enforcement. 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. If the inspector makes a visit or contacts the provider before some actions are due to be completed, they will review and record evidence about the progress the provider is making. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. In some cases, we may take steps to cancel a registration while a suspension is in place. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. We challenge decisions that we believe will not do this. Our relevant regional team will decide on the next step. If we do not uphold the objection, we will set out the reasons in the outcome letter. In these circumstances, the childminders that were registered with the agency will have to apply to register with Ofsted or another agency if they wish to continue. If the objection is unsuccessful, we will serve the NOD and the applicant can then appeal to the First-tier Tribunal against any NOD served. We will do this when the conditions set out in legislation are satisfied. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. They can only apply for a review if they believe there is an error of law in the decision. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. In England, the Early Years Foundation Stage (EYFS) accordingly places clear duties on providers to keep children safe and promote their welfare. The protection of children is paramount to our approach to enforcement. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. In all instances, if a registered person operates more than one setting, cancellation will apply to all their settings. An Ofsted caution should not be confused with a caution or a conditional caution from the police. This helps us to determine the waiver application. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? 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. They apply to the early years providers and agencies that we regulate. Visitors to the setting must be signed in and recorded in the visitor's book. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. We do this to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as our notices of suspension can contain personal or sensitive information. It is an offence to provide childcare on non-approved premises. SAFEGUARDING CHILDREN IN THE EARLY YEARS 5 above that practitioners in early years settings have a particular role to play in ensuring that children are safeguarded from harm. Yes (no qualification to any person, and not required to notify Ofsted of action taken), Serious accident (including food poisoning affecting 2 or more children) or injury to, or death or illness of, any child while in their care, and the action taken (see, Yes (not required to notify Ofsted of action taken). The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. The following examples are to be kept confidential; enrolment forms, family's health insurance . in early years settings 6.4 Describe legislation, regulations and guidance that apply to infection prevention and control in early years settings 6.5 Explain the immunization programme for children and its role in infection control. For our regulatory activity, we will write and publish an outcome summary to report on any breaches of requirements that we find and any action taken. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. Development means physical, intellectual, emotional, social or behavioural development. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. All rooms and equipment used by children and young people should have regular checks to ensure . will 2 numbers win anything in powerball; caster semenya baby father; The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. We would also expect providers to do the same with inspectors on visits/inspections. However, a provider may be able to guess their identity from the information provided. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. We are likely to cancel registration where: 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. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. press Ctrl + P on a Windows keyboard or Command + P on a Mac There are a number of offences linked to providing unregistered childcare. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. This will usually be an inspection but may be other regulatory activity. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. is the offending likely to be continued, repeated or escalated? If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. 5. Early years providers must meet the requirements of the EYFS. What legislation does this framework refer to? The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. We will write to the agency to let them know we have done this. The latest Arizona headlines, breaking news, in-depth investigations, politics, and local community stories that matter to you. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. 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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