If we take action to suspend or cancel the registration of a childminder or childcare provider, we tell the local authority where the provider is located. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. 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. It is worth noting that blocking some types of cookies may impact your experience on our website and the services we are able to offer. Change of name or address of the committee, partnership, unincorporated body or agency. It does not give us any discretion not to do so. 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. 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. Daily Story 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. 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: [email protected]. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. In some circumstances, we can impose, vary or remove conditions of registration. Some will be delivering statutory services and may be run by volunteers, such as library . We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. In most circumstances where notice is given, we will remove the agency from the register. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. The principles of the EYFS emphasise that each child is unique and develops in different ways. It is a fundamental principle of administrative law that a public body may only do what it is empowered or required to do by statute, whether expressly or by necessary implication, and must also act in accordance with its statutory functions and duties. It may also be possible to request a paper hearing of the appeal. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. The agency may object. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Employers are responsible for identifying and selecting a competent training provider to deliver theirPFAtraining. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. 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 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. Parents App GooglePlay We will work closely with the local authority and the police when there is a section 47 investigation. 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. We cannot grant an application to register with Ofsted if the application indicates that any of the following individuals are disqualified from registration: We cannot consider the application to register unless: In these cases, we will inform the applicant of the reasons why we cannot grant the application to register. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. The document offers a top-level view of how children develop and learn. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. We may, however, cancel a providers registration without taking any previous enforcement action if a concern is sufficiently serious and/or when children are at risk of harm. The provider may object. 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. Early Years Sector NOT Recognised Under Self Isolation. The party that requested the withdrawal can apply to have its case reinstated. These actions are included in the compliance inspection letter. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. It takes effect as soon as the notice is served. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. Common features of the early years framework depends on the nation as they may have a different approach to the care and education of young children but they do all have some common . Change of member of the partnership, committee or corporate or unincorporated body. See forms and other information for the First-tier Tribunal. 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. 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. If we become aware that the registered person has not taken this step, we will: The law disqualifies some people from registering as a childminder or childcare provider. 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. 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. is the offending likely to be continued, repeated or escalated? It is an offence to fail, without reasonable excuse, to comply with a condition of registration. It will take only 2 minutes to fill in. Acknowledging the different ways children can perceive the world around them is fundamental to understanding the essence of each child and how best to support their development. paul haggis daughters; install blind spot monitor honda civic; mayfair diagnostics calgary book appointment online We do not carry out child protection investigations with, or on behalf of, childrens services or the police. We cannot serve a WRN for failure to meet learning and development requirements. Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was, and is to be used until the new EYFS is finally implemented. We may respond to concerns in one of the following ways: We inform the registered provider (or its nominated individual) that we are looking at a concern and of any information we have that suggests non-compliance. Staff Profiles is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? The applicant will need to keep the letter in case it is needed to show an inspector or new employer. For registered providers, the burden of proving the case rests with Ofsted. We have the power to impose conditions at the point of registration. When we decide to revoke a notice, we send the person confirmation of our decision in writing. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. The use of CCTV is not covered by the EYFS. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. In this case, the person may make an objection to Ofsted. 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. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements under the Childcare (Early Years Register) Regulations 2008. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. Under the Education (Non-Maintained Special Schools) (England) Regulations 2011. . Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). See Disqualification and waivers section for further information. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. 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. Applicants may not withdraw their application after that point unless we agree they can do this. If appropriate, we encourage the person to apply for registration. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children may be suffering or likely to suffer harm. We suspend a providers registration under section 69 of the Childcare Act 2006 and the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. We have rephrased Creating and thinking critically to Thinking creatively and critically to place a stronger emphasis on the thinking skills that are central to the creative process.. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? 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). If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. Failure to notify us of these events, without reasonable excuse, is an offence. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. 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 issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. Please see our guidance on how to object to an NOI. We will retain information about the concerns that led to suspension. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. The waiver process and registration process are different processes. If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. Do you have a person with specific responsibility for CLL? Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. The childminder agency remains registered until 28 days after we have served the NOD to cancel. Suspension would apply to their non-domestic premises too. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. In this context, harm means ill-treatment or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another. We gather parents and carers details from the provider or childminder when we issue the suspension, and we will write to them to inform them if we suspend a childminder or childcare providers registration. The initial period of suspension is 6 weeks. If we do not uphold the objection, we will set out the reasons in the outcome letter. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. However, we will not impose at this stage a condition that replicates a legal requirement. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. We will monitor a providers compliance with the suspension, usually by carrying out an unannounced visit to the suspended premises at least once within each 6-week period of suspension. This will report on any breaches or requirements that we find and any action taken. We will write to the applicant to let them know we have done this. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. Our view that there is a realistic prospect of conviction must be based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or that they might rely on. Providers should ensure there is always a first aid box accessible with appropriate content for use with children. has the suspect misled anyone as to their registration status? If we decide to lift the suspension, we will inform the registered person. Death or illness of, or serious accident or injury to, an adult on the premises. 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. 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