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An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. The protected characteristics listed in the Act are: 1. We will do this when the conditions set out in legislation are satisfied. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? See forms and other information for the First-tier Tribunal. 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 may carry out checks on childminders so that we can establish whether they are disqualified. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. Other offences do not need any steps before bringing a prosecution. The applicant may make an objection to Ofsted. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. 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 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. 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 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. The purpose of this policy is to ensure the safety of children and colleagues within the nursery, in the event of an emergency which may result in evacuation. In most circumstances where notice is given, we will remove the provider from the register. They can apply to us to waive their disqualification. We will always write and publish an outcome summary after any type of regulatory activity, if we or the provider have identified a breach of requirements, including if the provider has already taken action to address this. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. If the evidence meets the test for prosecution, we may also instigate a prosecution. We challenge decisions that we believe will not do this. 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. 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. They must include a copy of the notice against which the appeal is brought, and an appeal application form. However, we may share the information relating to the caution with other agencies in appropriate circumstances. 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. When a registered childminder agency has failed to respond and/or we have lost confidence in their ability to make and sustain improvements to meet regulations, we may decide to cancel their registration. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. Development means physical, intellectual, emotional, social or behavioural development. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. If we consider that a provider is failing (or has failed) to meet one or more of the safeguarding and welfare requirements of the EYFS, we may serve a welfare requirements notice (WRN) under Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012. They can only apply for a review if they believe there is an error of law in the decision. 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). There are 4 aspects to Ofsteds regulation of childminder agencies. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. Therefore, we will check that the whole premises are suitable. Get quality help now writer-marian Verified writer Proficient in: Health 4.8 (309) We do this to allow the registered provider to take action before we do. We also use cookies set by other sites to help us deliver content from their services. 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. Health means physical or mental health. Dont include personal or financial information like your National Insurance number or credit card details. An Ofsted caution should not be confused with a caution or a conditional caution from the police. 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. Well send you a link to a feedback form. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. 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. - The child's requirements arising from race, culture, language and religion be taken into account. We will ensure that the evidence in support of the grounds for cancellation meets the required standard, which is the balance of probabilities; in other words, that it is more likely than not to be correct or true. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. They are based on four overarching principles, including: Children learn and develop best in an enabling environment Children are unique, learn constantly and can become resilient, capable, confident and self-assured If you fail to inform us you may commit an offence. This includes changes to the identity of the nominated individual, changes to the identity of those who make up the registering body and any changes to the statement of purpose. If the disqualification relates to a member of staff at a childminding or childcare setting, the registered person commits an offence if they continue to employ the disqualified person after our refusal. Ofsted has the power to waive disqualification. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. After 28 days, the decision takes effect, unless the agency has appealed to the First-tier Tribunal, in which case they remain registered until the appeal is determined. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. 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. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. The waiver process and registration process are different processes. We will write to the applicant to let them know we have done this. 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. 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. We will write to the agency to let them know we have done this. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Policies and procedures help and guide all staff working in the setting. We will also review all information to see if it is appropriate to pass on to the provider to help them take the action they need to. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . If we receive any concerns about safeguarding or allegations of abuse, we will refer them to the relevant local authority childrens services and/or the police. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. Any setting should have clear policies and procedures about all aspects of health and safety. The letter sets out the actions that a provider must take by a certain date to meet the requirements. 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. 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. We must also agree with the other organisations what information we can share with the registered provider about the concern. In some cases, we will have taken other enforcement action before taking steps to cancel. 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. Details of any order, determination, conviction or other ground for disqualification from registration that affects either: Details of any criminal convictions and cautions of the nominated individual or anyone applying to register to provide later years provision. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. ensures that they meet the requirements so that childrens safety and welfare are maintained. Learning outcome: 1. 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. It is that the person may: Harm is not defined in the legislation. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. 2. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. 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. 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. 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. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. The Ofsted caution is non-statutory and not recorded on the Police National Computer. This can be announced or unannounced. Parents, students, or visitors are reminded not to allow entry to any . This means that childminders registered with the agency are still able to operate. 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. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 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. 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. This is sometimes also referred to as voluntary cancellation or resignation. We may receive concerns that do not suggest a risk to the safety or well-being of children. 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.