We will write to the applicant to let them know we have done this. Childminder agency applicants may withdraw their application for registration at any stage. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). The protection of children is paramount to our approach to enforcement. The circumstances that cause disqualification are set out fully in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. 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. Development Matters has been updated. 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. Support adults and provide a service to adults at risk who are experiencing abuse, neglect and exploitation. A registered provider, who, without reasonable excuse, fails to comply with this requirement, commits an offence. Failure to comply with the notice is an offence. Failure to notify us of these events, without reasonable excuse, is an offence. We love hearing from you! If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. Information may not suggest a risk when viewed in isolation. Change to the name or registered number of the company or charity providing care. We will also consider referral to the DBS or other agencies if appropriate. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. The suspension is lifted as soon as we inform them. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. There are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a provider whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. 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. The duty to promote the welfare of children and young people equally applies to non-statutory agencies. We may carry out checks on childminders so that we can establish whether they are disqualified. This may result in Ofsted initiating and completing its enquiries before the child protection investigation is completed, ask that we receive minutes from future meetings (if we intend to take no further action) to enable us to reassess whether there is further information that needs us to become involved again, noting low-level concerns to consider at the next visit or inspection, carrying out an inspection without notice, carrying out regulatory activity by telephone or video call, carrying out a regulatory visit, with or without notice, inspect, and take copies (either by photocopying or taking a photo with an Ofsted mobile telephone or tablet computer) of any records kept by the person providing the childcare and any other documents containing information relating to that provision, seize and remove any document or other material that the inspector has reasonable grounds to believe may be evidence of a failure to comply with any relevant condition or requirement (however, we would usually take photos as explained above), observe any children being cared for there, and the arrangements made for their welfare, interview in private the childcare provider, interview in private any person caring for children or living or working on the premises who consents to be interviewed, is complying with the relevant legislation, is meeting statutory requirements and remains suitable for registration, has committed an offence under the Childcare Act 2006 or associated regulations, we carry out any type of inspection, because the inspection report will set out any breaches of requirements that we find and any action taken, we suspend a providers registration, because we use other ways to let parents and carers know about the suspension. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. It will not be retained by the inspector personally. If we proceed to serve an NOD refusing registration, it means a person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. We can suspend registration for all a providers settings or for particular premises. From September 2021 onwards, when the reforms will apply nationally, early years providers and schools in England will need to use the new version of the EYFS Framework. Posted on . While some areas of the premises might not be used for childcare or might be out of bounds to children, the whole premises are registered and these areas may still be accessible to children. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. 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. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. ensures that they meet the requirements so that childrens safety and welfare are maintained. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. We also use cookies set by other sites to help us deliver content from their services. The principles of the EYFS emphasise that each child is unique and develops in different ways. Early years education providers, including schools, must meet the paediatric first aid requirements set out in the statutory framework for the early years foundation stage (EYFS). FAQ, Parents App Apple We must consider what the defence case may be and how it is likely to affect the prospects of conviction. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. [footnote 1]. We may prosecute a person who knowingly employs a disqualified person. Does this include reference to you previous Ofsted actions? If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. Cancellation will apply to all of the agencys registrations. See forms and other information for the First-tier Tribunal. When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. The EYFS requires that at least one person who . We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. This will not result in disqualification. 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. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. Section 70 of the Childcare Act 2006 also sets out that if we have already served the childminder agency with an NOI to cancel registration, we will not agree to the request for removal unless we have decided not to take that step. It informs the person that if they are committing the offence, they should stop immediately. We serve an NOI setting out the reasons for the action proposed. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. We may also notify and/or share information with other relevant agencies that we have served a warning letter. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. You can change your cookie settings at any time. We will not impose, at this stage, a condition that replicates a legal requirement. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. Securities and Exchange Board of India. One of the many things we loved most about Birth to 5 Matters was the decision not to include the word teaching in the Characteristics of Effective Learning. We may monitor compliance with the notice. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. It is for providers to decide whether these arrangements are appropriate and operated in line with the GDPR, the Data Protection Act 2018 and the Human Rights Act 1998. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. A court may only convict if it is sure that the defendant is guilty. We use some essential cookies to make this website work. The guidance outlines the foundations of good practice and offers information on how you can bring the principles of the EYFS to life in your setting. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. If information comes from an anonymous source, we encourage them to speak directly to the provider. This section applies to providers registered as 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. Neither party can apply for a review on the grounds that they do not agree with the decision. Its guidance goes on to state that harm is considered in its widest context and may include: In some cases, we may decide to refer an individual to the DBS before we have gathered all the evidence relating to misconduct, but when the limited information that we have satisfies the relevant tests for referral. We may receive a concern about a registered provider on the Childcare Register. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. 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 may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. If the evidence meets the test for prosecution, we may also instigate a prosecution. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. 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. Here you can change your Privacy preferences. Some enforcement steps can only be taken through the NOI and NOD process. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. It is important that media enquiries are directed to our press office. If the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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 we have concerns about the childminder agency, we will keep the information on record as we may wish to consider this should they seek future registration with Ofsted. In some circumstances, we can impose, vary or remove conditions of registration. The evidential test is a different test from the one that the criminal courts must apply. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. This is in addition to the body corporate being guilty. If necessary, we can impose a further 6-week period of suspension on the same grounds, and in exceptional circumstances we can suspend beyond this. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. We can do this when a provider is first registered or at any time afterwards. We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. The framework applies to all early years providers in England. The waiver process and registration process are different processes. how did the offending come to an end? However, they need to understand the constraints that this can place on our actions. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. 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). Employers should notify local child protection agencies of any serious accident or injury to, or the death of, any child while in their care, and should act on any advice from those agencies, Details about upcoming virtual events and webinars on Disordered Eating in children and young people (CYP), and the launch of the CYP Mental Health Equalities Listening project report. 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. Occasionally, we may have to reveal the identity of a complainant to allow a thorough review of the concern, or when action has resulted in a court or tribunal hearing. Example of a statutory body is SEBI i.e. It can help to design an effective early years curriculum, building on the strengths and meeting the needs of the children you work with. 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). However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. a family's life non-statutory agencies would reduce the time spent on the "revolving door" that many families find themselves stuck in. We will consider taking action against them where the investigation reveals that the offence was committed with their consent or connivance or was attributable to their neglect, and where it would be appropriate to do so in accordance with this policy. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. 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. non statutory agencies in early years non statutory agencies in early years. Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. about Celebrations in the town of Halstead, about New 24hr nursery opens in Edgbaston, about More attention needed for the benefits of Music, about The importance of language development, More attention needed for the benefits of Music. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. The Tribunal must consent to the withdrawal. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. In some circumstances, we can impose, vary or remove conditions of registration. We would expect to receive a waiver application from the registered person within 14 days. Private and voluntary. Suspension would apply to their non-domestic premises too. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. This does not automatically mean we will grant registration. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. They should also demonstrate how the action taken 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. 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. 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. develop strong relationships with parents. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. We will write to the agency to let them know we have done this. We do this when we or the other agency have identified concerns that suggest possible fraud, regulatory breaches or issues around the suitability of a provider to provide childcare. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. As a practitioners in an early years setting you may at some point work with multi agencies. We may consider these further if a provider reapplies for registration. Please see our guidance on how to object to an NOI. However, if a provider does not agree to this, the inspector will highlight Ofsteds legal power under section 77(d) of the Childcare Act 2006 to take measurements and photographs or make recordings. 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. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). Development means physical, intellectual, emotional, social or behavioural development. All staff who obtained a level 2 or level 3 qualification on or after 30 June 2016 must also have either a fullPFAor an emergencyPFAcertificate within 3 months of starting work in order to be included in the required staff to child ratios at level 2 or level 3 in an early years setting. Early years providers must meet the requirements of the EYFS. Registered persons, therefore, must understand and act on their obligations to refer an individual to the DBS in the appropriate circumstances. 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. Development Matters is non-statutory guidance for the Early Years Foundation Stage. Ofsted has the power to waive disqualification. 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 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 letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. Statutory Public Services Police - household security advice, post coding bicycles, liaison for neighborhood watch, school visits For registered providers, the burden of proving the case rests with Ofsted. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. This includes arrangements for off-site activities involving young children such as educational visits. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? In this case, the person may make an objection to Ofsted. If an offence is committed by a registered provider, we will consider whether we should take regulatory enforcement action (such as cancellation of registration) instead of a criminal investigation. The agency may object. For example, some require a suspect to have had an opportunity to make representations. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. The childminder agency remains registered until 28 days after we have served the NOD to cancel.
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