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. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. They can apply to us to waive their disqualification. For childminders and providers of childcare on domestic premises, people may be disqualified by association. We may also notify and/or share information with other relevant agencies that we have served a warning letter. If a person has previously received a caution, we would not normally consider issuing a further caution. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . These are: every child is a unique child, who is constantly learning and can be . It is an offence to fail, without reasonable excuse, to comply with a condition of registration. Good practice. This will set out the reasons for the refusal. 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. 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. Information in this section can be used by families, carers, providers and services. It takes effect as soon as the notice is served. If we have the power to waive that disqualification, we will follow our decision-making process. However, when viewed in the context of other recent events and information, it may suggest greater concern. We will retain information about the concerns that led to suspension. 4. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. Security Policy Purpose of Policy . The evidential test is a different test from the one that the criminal courts must apply. 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. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. We may consider these further if a provider reapplies for registration. If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. Parents, students, or visitors are reminded not to allow entry to any . We will confirm our objection decision in writing. Early years providers must meet the requirements of the EYFS. It also provides guidance on good practice. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. This is to make parents and the public aware of any concerns and action taken at the childcare setting. Confidential information must not be shared outside of the setting E. G family or friends. Professionals and regular visitors must have submitted their DBS number and the date validity must be checked. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. We can suspend their registration for the non-domestic premises or both premises. Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. We will only use clear, proportionate and reasonable conditions. If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply for registration. When deciding whether there is sufficient evidence to prosecute, we may consider: In every case in which there is sufficient evidence to justify a prosecution, we will go on to consider whether a prosecution is required in the public interest. The relevant criminal offences are listed in Annex B. The Level 2 Diploma for the Early Years Practitioner (England) is an occupational qualification for candidates who work in Early Years Settings in England. Four guiding principles should shape practice in early years settings. We do this to allow the registered provider to take action before we do. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. Age. 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. If appropriate, we encourage the person to apply for registration. Legislations are important throughout any work environment and society as without them we are not protected from hazards and promoting safety in the workplace. There are a number of offences linked to providing unregistered childcare. Limiting the decision to waive disqualification in this way means that the individual has to reapply if their circumstances change or the risk to children changes. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. The sudden serious illness of any child for whom later years provision is provided. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. This applies to those registered on Part A of the General Childcare Register only. The protection of children is paramount to our approach to enforcement. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. Outline, Pages 7 (1670 words) Views. We may consider these further if a provider reapplies for registration. Some enforcement actions allow periods for written representations and appeals before the action takes effect. Legislation at all levels can serve several purposes. The provider commits an offence if they fail to carry out the WRN actions within the specified time. It informs the person that if they are committing the offence, they should stop immediately. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. 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. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. Warning letters are non-statutory actions. The police or local authority have to decide how much information they are willing to place in the public domain, without it having a negative impact on their investigation. We will also carry out our own assessment of whether the provider meets the requirements for continued registration and decide on the appropriate action to take. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). If the information suggests risk of harm, we may use our urgent enforcement powers. staff and parents/carers being aware of e-safety issues. This will be based on the evidential test and public interest factors set out above. When invited, we attend strategy discussions when the investigation concerns a: Ofsted does not hold a statutory responsibility for child protection matters, but we work together with other statutory agencies by sharing information we hold to protect the welfare of children and young people. Safety rules. Where possible, we send the NOD at the same time as the outcome letter. Section 68 of the Childcare Act 2006 sets out grounds for cancellation as follows: If a registered person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. We serve an NOI setting out the reasons for the action proposed. It will not be retained by the inspector personally. In this case, the provider may make an objection to Ofsted. The DBS can decide whether to include the individual on its lists of people who are barred from working with children and/or vulnerable adults (known as barred lists). We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. If we decide to lift the suspension, we will inform the registered person. Some enforcement steps can only be taken through the NOI and NOD process. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. Early years providers must meet the requirements of the EYFS. 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. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. In England, the Early Years Foundation Stage (EYFS) accordingly places clear duties on providers to keep children safe and promote their welfare. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. 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. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? Please click on the button below to view the full . Applicants may not withdraw their application after that point unless we agree they can do this. 2. 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. Where a provider has more than one setting on their registration, we may choose to suspend individual settings or the whole registration, depending on the nature of the concerns. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. We will write to the provider to let them know we have done this. In relation to escalating concerns, a notification from the provider is not the same as a concern that comes from another person about the provision. 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. We may take an Ofsted caution into account when making any judgements about the registration of a person or body, including their suitability to be registered. 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. Legislators also dug in on their . An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. 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. The Tribunal must consent to the withdrawal. They should also demonstrate how the action taken If the childcare is provided by a partnership, body corporate or unincorporated association whose sole purpose is the provision of childcare, any change to the individuals who are partners in it, or any change in a director, secretary or other officer or members of its governing body. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. 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. These events must be notified in advance where practicable, and otherwise as soon as reasonably practicable, but in any event within 14 days of when the event occurred. The legal definition of harm is as set out in section 31 of the Children Act 1989. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. 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). 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. 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. The provider may object. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. We have the power to impose conditions at the point of registration. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. The DBS is responsible for deciding whether to include a person on a barred list. For offences committed by bodies corporate, if the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager or similar (or anyone acting in these capacities), that person is also guilty of the offence. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. These are: We have a range of enforcement powers to use in regulating childminder agencies, including: We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. The EYFS, 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. In refusing, we must be clear that the reason for refusal is because of the disqualification. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). Ofsted requires all settings to have a set of policies and procedures. We will do this by asking ourselves the questions at b) and c). If the concern does not prompt an immediate inspection, we may refer it back to the provider to take action and will check what they have done at their next Childcare Register inspection. The following examples are to be kept confidential; enrolment forms, family's health insurance . These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. We may consider these further if a provider reapplies for registration. In this article we are going to talk about: What is safeguarding? Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. has there been a failure to comply with a formal notice imposed by Ofsted to address a risk of harm, such as a notice of restriction, suspension or emergency condition? Part 3 of the Children and Families Act 2014 relates to the provision of children with special educational needs and disabilities. Policies and procedures should outline . Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. The NOD will include information about the right to appeal to the Tribunal. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). 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. We must also agree with the other organisations what information we can share with the registered provider about the concern. A warning letter sets out the offence that we reasonably believe is being committed. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. At Appletree we provide a diverse, balanced and relevant approach to the use of technology. 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. 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. 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. When actions are set following regulatory activity, then 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. We will not be involved directly in these investigations. 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. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. In most circumstances where notice is given, we will remove the agency from the register. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. 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. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. We will carefully consider the application and the circumstances of the disqualification. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. This section applies to providers registered as childminder agencies. The use of CCTV is not covered by the EYFS. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we will not register them as suitable to operate a childminder agency. If we do not uphold the objection, we will set out the reasons in the outcome letter. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements of The Childcare (General Childcare Register) Regulations 2008. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. An enforcement notice takes immediate effect from the date it is served. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. 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. The same applies if the person lives or normally works on childcare premises. Why not register today and enjoy the following great benefits: Free access to 4 subscriber-only articles per month. There must to be a staff member Most childcare providers looking after children under the age of 8 must register with Ofsted or with a childminder agency, apart from in certain exemptions. 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 do this when the conditions set out in legislation are satisfied. Memphis, TN. An enforcement notice is a legal letter that we send to a person telling them that they cannot provide childminding without being registered with us. 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. For those registered on the Early Years Register and the Childcare Register, the law requires us to cancel the registration of a registered person who becomes disqualified. 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. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. If we only suspend the registration in relation to their non-domestic premises, they will still be able to continue to operate from their domestic premises. 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. This can be announced or unannounced. 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. 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. There are 4 aspects to Ofsteds regulation of childminder agencies. Days and hours during which later years childcare is to be provided. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. We will not impose a condition that conflicts with the legal requirements. If we have concerns about the provider, we will keep the information on record because we may wish to consider this should the provider seek future registration with Ofsted. It is that the person may: Harm is not defined in the legislation. requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. 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. In considering whether or not a person is disqualified, we also consider the provisions in the Rehabilitation of Offenders Act 1974 and The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which set out when convictions and cautions become spent.
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