non statutory agencies in early years

They must apply in writing no later than 1 month after the First-tier Tribunal made the decision to refuse permission to appeal. We will write to the agency to let them know we have done this. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. This happens if they live on premises where a disqualified person lives or works. 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. Ofsted may share information about registered providers and other individuals electronically with other agencies, such as the Department of Work and Pensions, His Majestys Revenue and Customs and the Student Loans Company. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? 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. Information may not suggest a risk when viewed in isolation. Non-Statutory Guidance Documents There's a variety of non-statutory guidance documents available to all practitioners to help them implement the EYFS. 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. press Ctrl + P on a Windows keyboard or Command + P on a Mac This section sets out our powers of enforcement for providers on the Childcare Register only. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per section 35 and section 36 of the Childcare Act 2006. It is an offence if they do so. The applicant may make an objection to Ofsted. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. Development means physical, intellectual, emotional, social or behavioural development. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. If the provider fails to comply with the action, we will consider the appropriate enforcement action, in line with our enforcement thresholds and decision-making provisions. These are: If you are registered on both the Early Years Register and the Childcare Register, you should refer to the Early Years Register enforcement actions section in the first instance. Suspension would apply to their non-domestic premises too. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. We take into account: We may ask the applicant for more information or to get a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate, as appropriate, from the DBS. Employers should take into account, via their first aid needs assessment, the number of children, staff and layout of premises to ensure that a paediatric first aider is able to respond to emergencies quickly. We will only use clear, proportionate and reasonable conditions. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. However, a provider may be able to guess their identity from the information provided. This will not result in disqualification. In refusing, we must be clear that the reason for refusal is because of the disqualification. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. Health means physical or mental health. For childminders and providers of childcare on domestic premises, people may be disqualified by association. In this case, the provider 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. Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. 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 . If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. The document offers a top-level view of how children develop and learn. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. 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. 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 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. 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. You can also find your print and save options in your browsers menu. A court may only convict if it is sure that the defendant is guilty. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Relevant offences under the Childcare Act 2006 apply to childminder agencies. The provider may object. 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. . If we decide to lift the suspension, we will inform the registered person. We may monitor compliance with the notice. Statutory and Non-statutory agencies are there to provide the public help and assist them they are in a sate of emergency or distress. 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. You can also use these options and change the printer destination to save the content as a PDF. Does this include reference to you previous Ofsted actions? When an external agency investigates concerns and makes decisions about the welfare of children, we continually reassess whether the registered provider continues to meet the regulations and/or remains suitable for registration. They can only apply for a review if they believe there is an error of law in the decision. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. Change of name or address of the committee, partnership, unincorporated body or agency. We will write to the applicant to let them know we have done this. This section sets out our powers of enforcement for providers on the Early Years Register. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. Training is available from a wide range of providers including: Theregister of regulated qualificationsmay help providers to identify paediatric first aid providers. Inspectors will not include identifiable staff or children in any photographs they take. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. If a person applies to register as a childminder with us after we have served an enforcement notice, we will revoke the notice if we grant registration. Securities and Exchange Board of India. If we intend to refuse an applicants registration, we will serve an NOI. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. Neither party can apply for a review on the grounds that they do not agree with the decision. 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. We must write to the registered person and tell them that the law requires us to cancel their registration. 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. non statutory agencies in early years non statutory agencies in early years. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. Development Matters has been updated. Early years providers must meet the requirements of the EYFS. 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. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. The DBS is responsible for deciding whether to include a person on a barred list. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. An enforcement notice takes immediate effect from the date it is served. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? 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. 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. The document was developed and launched on 31 March 2021 by the Early Years Coalition. This also applies to anyone connected with the application. The framework applies to all early years providers in England. Change to the name or registered number of the company or charity providing care. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. 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. Tribunal hearings take place around the country or remotely. We can also use more than one type of enforcement action at the same time. develop strong relationships with parents. 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. 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. In addition to any statutory reporting requirements employers should keep a written record of accidents or injuries and first aid treatment. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. 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 the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. The letter sets out the actions that a provider must take by a certain date to meet the requirements. Providers may also appeal to the Tribunal against an emergency order made by a magistrate to: Please see our guidance on how to appeal. This document is a non-statutory guide to support practitioners. It does not give us any discretion not to do so. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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: psi@nationalarchives.gov.uk. The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. The duty to promote the welfare of children and young people equally applies to non-statutory agencies. Therefore, although the history of the registration will remain relevant, the Tribunal can also take account of evidence that has come to light since the decision to cancel was made, including evidence gathered at monitoring visits. Cancellation will apply to all of the agencys registrations. what was the period, or extent, of the offending? how serious was the harm (whether actual harm or potential harm)? If information comes from an anonymous source, we encourage them to speak directly to the provider. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. We suspend registration if we reasonably believe that the continued provision of childcare by the registered person to any child may expose the child to a risk of harm. When we close a case, we must consider the information from others investigations in determining when to schedule our next inspection or whether we should carry out any further regulatory activity. Ofsted is the Office for Standards in Education, Childrens Services and Skills. We may consider these further if a provider reapplies for registration. If a registered person or other staff member employed at the setting refuses to cooperate, the inspector will explain our powers under the Childcare Act 2006 to enter the premises. 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. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. We can suspend registration for all of a providers settings or in relation to particular premises. Contact Nursery Story However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. They must include a copy of the notice against which the appeal is brought, and an appeal application form. If we cancel a childminder agencys registration with Ofsted, any childminders who are registered with the agency (unless they are disqualified or we think they may be disqualified) will have their registration transferred to Ofsted when the decision takes effect. We will not accept a request to remove the agency from the register after an NOD has been served. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. We exercise these powers to reduce the risk of harm to children who use regulated early years services, as well as to protect children from unregistered services, to enforce compliance with the law and to improve the quality of services. This would include telling us about a disqualification. However, we will not impose at this stage a condition that replicates a legal requirement. We will also consider referral to the DBS or other agencies if appropriate. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. See further guidance on the provisions for rehabilitation of offenders. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. 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. 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. We will work closely with the local authority and the police when there is a section 47 investigation. It is that the person may: Harm is not defined in the legislation. It is an offence for a provider registered on the Early Years Register and/or compulsory part of the Childcare Register to fail to comply with a suspension notice. Paediatric first aid training must be renewed every 3 years and should be relevant for workers caring for young children and where relevant, babies. Daily Story The law gives Ofsted a range of powers to regulate early years settings. We will review the response. 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. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We consider information about unregistered services and provision on unapproved premises and take appropriate action. The decision to prosecute and the way in which we pursue a prosecution will vary, depending on the offence and any actions that we must take first. An inspector will also consider whether further enforcement action is appropriate. Failure to comply with the notice is an offence. 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. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. Recommended Tablets These actions are included in the compliance inspection letter. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. It may be used in cases where we have sufficient evidence to bring a prosecution and the offender has admitted the offence but there are public interest factors that weigh against prosecution. 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 includes arrangements for off-site activities involving young children such as educational visits. This can be announced or unannounced. 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. This will set out the reasons for the refusal. 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 not be involved directly in these investigations. Unlike when Ofsted cancels the registration of a childminder agency, we will not automatically accept childminders that were registered with an agency if the agency gives notice for voluntary removal of their registration. 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. 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. 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. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served. Applicants may not withdraw their application after that point unless we agree that they can do this. 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 will notify the applicant in writing, usually by email, of our decision. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. 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. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. For providers registered on the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. Notification should be made as soon as is reasonably practicable, but in any event within 14 days of the incident occurring. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. 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. 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. Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. A warning letter sets out the offence that we reasonably believe is being committed. However, if there is a sufficient lapse of time to suggest that a previous caution was a significant deterrent (2 years or more), or the subsequent offence is unrelated, we may consider a further caution. Early Years Careers provides a supportive forum where Early Years professionals can value the sharing of best practice to help deliver outstanding practice in Early Years settings and enhance Continuous professional development. The Early Years Foundation Stage (EYFS) requires early years practitioners to review children's progress and share a summary with parents at two points: between the ages of 24 and 36 months via the progress check; and; at the end of reception via the EYFS profile. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. Health means physical or mental health. We would also expect providers to do the same with inspectors on visits/inspections. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. 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 provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. 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. 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.
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