The provider may object. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. 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. The EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children's safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. Other offences do not need any steps before bringing a prosecution. The Tribunal must consent to the withdrawal. The NOD will include information about the right to appeal to the Tribunal. 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. We will write to the applicant to let them know we have done this. This guidance from the NCSC has been produced to help practitioners working in Early Years settings to protect the data and devices you probably use every day. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. The registered person can appeal to the Tribunal against each period of suspension. These people must be over the age of 16 years. 1.4: explain how health and safety is monitored and maintained in an early years setting The health and safety of the children in my setting is monitored through what we call tracking forms. We will do this when the conditions set out in legislation are satisfied. We serve an NOI setting out the reasons for the action proposed. The quotation "all men are created equal" is part of the sentence in the U.S. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Development means physical, intellectual, emotional, social or behavioural development. This helps us to determine the waiver application. The law requires providers registered on both the Early Years Register and Childcare Register to display a notice of suspension if we suspend their registration on the Childcare Register, regardless of whether we also suspend their registration on the Early Years Register. We will not impose, at this stage, a condition that replicates a legal requirement. We will only consider this stage if the evidential test is met. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. The protection of children is paramount to our approach to enforcement. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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. The disqualification takes effect when an NOD is served. If we decide to refuse registration, the notice remains in effect. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. ensures that they meet the requirements so that childrens safety and welfare are maintained. an early years setting. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). When we decide to revoke a notice, we send the person confirmation of our decision in writing. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. We will carefully consider the application and the circumstances of the disqualification. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. We will retain information about the concerns that led to suspension. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. We will work closely with the local authority and the police when there is a section 47 investigation. 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. The person can appeal to the Tribunal. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We must make clear that, to do this, we may carry out our own enquiries to determine that the registered setting continues to be fit to provide a service. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. In order to keep children safe, we may also have to share the information we have received with other organisations. If a provider refuses a caution, we will usually proceed to prosecution. We may receive a concern about a registered provider on the Childcare Register. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. For example, we may limit it to a particular setting or role. 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. This happens if they live on premises where a disqualified person lives or works. Health means physical or mental health. For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. has there been a failure to comply with a formal notice imposed by Ofsted to address a risk of harm, such as a notice of restriction, suspension or emergency condition? Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. They can apply to us to waive their disqualification. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. I was setting out to critique the civil liberties assaults being waged under the banner of the War on Terror, and I was approaching it mostly as a constitutional lawyer. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. - The child's requirements arising from race, culture, language and religion be taken into account. Relevant offences under the Childcare Act 2006 apply to childminder agencies. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. We must record this decision on our internal system. The children's act 1989 is a British act of parliament that changed the law concerning children; the law introduced the idea of 'Parental responsibility' i.e. It is used to regulate activities, authorize certain actions, supply resources such as funding, implement sanctions and permit or deny certain activities. We will do this by asking ourselves the questions at b) and c). An Ofsted caution should not be confused with a caution or a conditional caution from the police. 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. You have rejected additional cookies. This is because it may jeopardise other agencies investigations. We have one form per day of which we track each staff member who is in the room and child by signing them in when they arrive and out when they . For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. 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. Emergency orders take effect immediately and apply to all settings under a single registration. Declaration of Independence - penned by Thomas Jefferson in 1776 during the beginning of the American Revolution - that reads "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the . 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. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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 Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. Health and Safety management systems work . 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. Tribunal hearings take place around the country or remotely. This is sometimes also referred to as voluntary cancellation or resignation. You have accepted additional cookies. It is also an offence to knowingly employ a disqualified person in connection with this provision. See further guidance on the provisions for rehabilitation of offenders. 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. It lasts until we revoke it. If the information-giver gives us their name and contact details, but wishes to remain anonymous from the provider, we will respect their wishes if we can, but we cannot guarantee that their identity will not be deduced by the provider. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. Parents, students, or visitors are reminded not to allow entry to any . 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. 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. is the offending likely to be continued, repeated or escalated? An essential component of Health and Safety is Monitoring and Review, allowing us to accurately assess existing controls alongside risks to develop an effective plan of action. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. SAFEGUARDING CHILDREN IN THE EARLY YEARS 5 above that practitioners in early years settings have a particular role to play in ensuring that children are safeguarded from harm. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. Early years setting are required by law to implement the above legislations and guidelines. In relation to escalating concerns, a notification from the provider is not the same as a concern that comes from another person about the provision. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. We must receive their application to waive disqualification within 14 days of receipt of the NOI. This includes cancellation when we have been unable to establish contact with a provider and can no longer be satisfied that they are meeting the registration requirements. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . 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. It will also support your continuous professional development in line with the Early Years Teachers Standards. Applicants may not withdraw their application after that point unless we agree they can do this. Gender reassignment. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. how did the offending come to an end? Sexual orientation. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. This will determine whether any safeguarding or enforcement action is required. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. For example, some require a suspect to have had an opportunity to make representations. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. [footnote 1]. A failure to meet this requirement may lead us to consider taking enforcement action. This includes any person who was not previously disqualified but is now disqualified under any new or amended regulations, or through any new offences or disqualifying events that happen after the registration is granted since the person was employed. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this.