We may carry out checks on childminders so that we can establish whether they are disqualified. The suspension is lifted as soon as we inform them. It is an offence to provide childcare on non-approved premises. Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. This can be announced or unannounced. It will also support your continuous professional development in line with the Early Years Teachers Standards. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. 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. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. 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. They can only apply for a review if they believe there is an error of law in the decision. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. has the suspect displayed genuine remorse and shown insight into the offending? 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. The law gives Ofsted a range of powers to regulate early years settings. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. It lasts until we revoke it. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. If the information suggests risk of harm, we may use our urgent enforcement powers. We consider each request on its own merits. The Tribunal must provide each party with: In certain circumstances, either party may apply to the principal judge of the Tribunal for a review of the decision. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. This is either 28 days after the NOD was served or, if there is an appeal, when the outcome is determined and the First-tier Tribunal upholds the decision to cancel. 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 may monitor compliance with the notice. 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. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. 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. Prosecution for some offences can only be brought after we have taken certain procedural steps. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. If an inspector carries out a monitoring visit and the registered person is operating in breach of the suspension notice, the inspector must caution them, as it is an offence to fail to comply with the suspension notice, and record any response in their evidence. The types of enforcement actions we can take against providers breaching the requirements of the Childcare Register include: We will consider enforcement action where appropriate, including for those providers that are registered only on the voluntary part of the Childcare Register (and whose activities do not require registration). Ofsted will decide whether to discontinue a prosecution. 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. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . In refusing, we must be clear that the reason for refusal is because of the disqualification. 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). When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. 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. 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. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. This section applies to providers registered as childminder agencies. 9. This does not automatically mean we will grant registration. 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. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. Older toddlers (2years to 3 years) Pre-school (3 years to 5 years) Staff should always monitor and maintain health and safety and encourage safe working. 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. Early years settings should ensure that parents are signposted to resources and support regarding online safety at home and they will be expected to show evidence of this. All investigations of criminal offences should be carried out having regard to any relevant principles contained in the Police and Criminal Evidence Act 1984 (PACE Act) and codes of practice. 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. 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 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. The protected characteristics listed in the Act are: 1. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. If we intend to refuse an applicants registration, we will serve an NOI. We may consider these further if a provider reapplies for registration. If we have the power to waive that disqualification, we will follow our decision-making process. We expect the registered person to demonstrate how the action taken is improving the standards of the agency, as well as the standards of the agencys employees and childminders registered. The provider may object. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. Policy and procedure guidelines. 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 We use some essential cookies to make this website work. We will not impose a condition that conflicts with the legal requirements. We will notify the applicant in writing, usually by email, of our decision. We can suspend registration for all a providers settings or for particular premises. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. If the inspector believes the registered person is obstructing them, this is a criminal offence and so the inspector will consider whether it is appropriate to caution the person about their rights under the Police and Criminal Evidence Act 1984 (see the Prosecution section) before asking them further questions. We will confirm our objection decision in writing. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. The setting displays the names of the designated fire officer and assistants. If a childminder agency is not meeting the requirements of the relevant regulations, but the inspector judges that leadership has the capacity to remedy this quickly, we will set actions. Questions relevant to harm to ask include the following: It is likely to be in the public interest to prosecute where a person commits an offence having previously been disqualified or served with an enforcement notice. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. security legislation in early years settingscopper infused socks side effects. Policies and procedures should outline . We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. You have accepted additional cookies. Race. has actual harm been caused or was there a risk of harm being caused? As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. The evacuation will be carried out in a planned and precise fashion. It is an offence to knowingly do so. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. This will be based on the evidential test and public interest factors set out above. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. This will determine whether any safeguarding or enforcement action is required. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. 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. We can only suspend registration if we are satisfied this test is met. We can suspend a providers registration under section 69 of the Childcare Act 2006 and the The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. We will not be involved directly in these investigations. Please see our guidance on how to object to an NOI. We follow our safeguarding policy and statutory government guidance in Working together to safeguard children and will always carry out an assessment of risk on receiving any information. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. This would include telling us about a disqualification. If using CCTV means that the provider fails to meet any other requirements of the EYFS, we would take action. 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. In 2015, the U.K. government passed the Prevent duty as a legal requirement for all registered early years providers and schools throughout Great Britain. It will take only 2 minutes to fill in. Teaching children safe methods for carrying equipment, such as scissors or chairs. They do not need to tell us what action they took in response, but we will assess that action as part of the next visit or inspection. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. Allegations of serious harm or abuse by any person living, working or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere) and any relevant actions taken. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. 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). Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. These specific requirements include statutory guidance; this guidance provider exactly what is required of them in the early years setting. 2083 Words 9 Pages Good Essays