For example, in an appeal against a cancellation decision, it is our responsibility to establish the grounds for cancellation and that our decision is reasonable and proportionate in the circumstances. If a provider refuses a caution, we will usually proceed to prosecution. This will not result in disqualification. This applies to those registered on Part A of the General Childcare Register only. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. 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 However, we will only suspend where we believe there may be a risk of harm. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. press Ctrl + P on a Windows keyboard or Command + P on a Mac The provider may object. 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. 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. This policy is also applicable where staff or individuals have been provided with setting issued devices for use off-site, such as a work laptop or mobile phone. 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. Change of member of the partnership, committee or corporate or unincorporated body. We serve an NOI setting out the reasons for the action proposed. If we only suspend the registration in relation to their non-domestic premises, they will still be able to continue to operate from their domestic premises. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. We will consider raising an action when both of the following apply: If actions are set at inspection, they will be listed in the inspection report and followed up at the next inspection. We include information about the right to appeal against our decision to the First-tier Tribunal. 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. A warning letter sets out the offence that we reasonably believe is being committed. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). We follow our safeguarding policy and statutory government guidance in Working together to safeguard children and will always carry out an assessment of risk on receiving any information. requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. 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. We would also expect providers to do the same with inspectors on visits/inspections. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. 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. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. Religion and belief. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. 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. With a week remaining before Crossover Day, activity hit a fever pitch in the Capitol on Monday. If we decide to refuse registration, the notice remains in effect. Children and Young People (Scotland) Act 2014 This Act concerns the provision of services and support for children and young people; it covers adoption, children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools. 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. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. 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. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. In these cases, we would always discuss this with the complainant before doing so. Cancellation usually disqualifies a person from providing, being directly concerned in the management of, or employed in connection with childminding and childcare that requires registration. These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 ("the 2007 Order") and the Early Years Foundation Stage (Welfare. In this case, the provider may make an objection to Ofsted. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. 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 learning and development requirements are given legal force by an Order 2 made under section 39(1)(a) of the Childcare Act 2006 . 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. how did the offending come to an end? Please see our guidance on how to object to an NOI. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. We encourage applicants to give us as much information as possible, including details of their job description if they are applying for a specific role. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? The law also disqualifies some people from registering as an early or later years childminder agency (section 76A and section 76B of the Childcare Act 2006). Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. Safeguarding procedures in early years' setting have been created to ensure that the children are being provided with effective and safe care, and all efforts are being made to ensure that they have the best possible future. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. what was the period, or extent, of the offending? Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. The provider may object. Failure to comply with the notice is an offence. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. Workplace Security Legislation - What You Need to Know. 9. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. Cruz has said that he is the son of "two mathematicians/computer programmers". We use some essential cookies to make this website work. We will carefully consider the application and the circumstances of the disqualification. 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.