The DBS has guidance about the referral process. At the same time, EYPs The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? 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 must write to the registered person and tell them that the law requires us 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. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. In refusing, we must be clear that the reason for refusal is because of the disqualification. 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. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? Please see our guidance on how to object to an NOI. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. 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 will write to the provider to let them know we have done this. what was the role of the suspect in the offence (particularly where there are multiple suspects)? Ofsted requires all settings to have a set of policies and procedures. Development means physical, intellectual, emotional, social or behavioural development. For example, some require a suspect to have had an opportunity to make representations. 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. You can change your cookie settings at any time. We may specify the extent to which we agree to waive a disqualification. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. For registered providers, decisions do not come into effect until either: For applicants for registration, the decision to refuse registration takes effect on service of the NOD. Sexual orientation. The NOD will include information about the right to appeal to the Tribunal. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. Any significant event, or change to health, that is likely to affect the suitability of the registered person or any person who cares for, or is in regular contact with, children on the premises to look after children. Figure 14.1 has been used by a number of commentators to illustrate the difference between preventive services, designed to reduce the likelihood of If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. If we have the power to waive that disqualification, we will follow our decision-making process. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. 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. Childminder agency applicants may withdraw their application for registration at any stage. We may take an Ofsted caution into account when making any judgements about the registration of a person or body, including their suitability to be registered. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. Race. We are likely to cancel registration where: 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. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. They can apply to us to waive their disqualification. The person can appeal to the Tribunal. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. The registration requirements are outlined in our registration guidance for childminder agencies. 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. 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. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. 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. We must receive their application to waive disqualification within 14 days of receipt of the NOI. Policies and procedures help and guide all staff working in the setting. We would also expect providers to do the same with inspectors on visits/inspections. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. 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, we may proceed to cancellation if we judge a childminder agency to be ineffective. We do not routinely prepare press releases in advance of any prosecution, but we will respond to media enquiries through our press office about a prosecution or other matters. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. Applicants may not withdraw their application after that point unless we agree they can do this. 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. It means that an objective, impartial and reasonable bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. 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. The provider may object. 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. It may, therefore, be appropriate in some circumstances to also take urgent enforcement steps, for example suspension, at the same time as taking longer-term action. Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. When we receive an application to register, Ofsted will consider whether the childminder agency meets, and is likely to continue to meet, the requirements of The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014. If the inspector believes the registered person is obstructing them, this is a criminal offence and so the inspector will consider whether it is appropriate to caution the person about their rights under the Police and Criminal Evidence Act 1984 (see the Prosecution section) before asking them further questions. Allegations of serious harm or abuse by any person living, working or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere) and any relevant actions taken. 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. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. 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. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. The legal definition of harm is as set out in section 31 of the Children Act 1989. What legislation does this framework refer to? These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. In England, the Early Years Foundation Stage (EYFS) accordingly places clear duties on providers to keep children safe and promote their welfare. 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. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. A court may only convict if it is sure that the defendant is guilty. This happens if they live on premises where a disqualified person lives or works. When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . Therefore, we will check that the whole premises are suitable. This will set out the reasons for the refusal. They apply to the early years providers and agencies that we regulate. Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. Tribunal hearings take place around the country or remotely. Irrespective of the nature of the concern, if we continue to receive multiple concerns (3 in a 2-year period) then we will always consider whether to bring forward an inspection or carry out regulatory activity. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. Corporate Security Officer. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. 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. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. This section sets out our powers of enforcement for providers on the Early Years Register. 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. 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. A provider may be registered on both the Early Years Register and the Childcare Register. Professionals and regular visitors must have submitted their DBS number and the date validity must be checked. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. It will take only 2 minutes to fill in. The registered person remains registered until 28 days after we have served the NOD to cancel. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. They can then provide additional information. At the time of his birth, Ted Cruz's parents had lived in Calgary for three years and were working in the oil business as owners of a seismic-data processing firm for oil drilling. Where the question of whether harm suffered by a child is significant depends on the childs health or development, their health or development shall be compared with that which could reasonably be expected of a similar child. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. Religion and belief. 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. 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. has the suspect misled anyone as to their registration status? If we are no longer concerned that a person may be providing childminding, we will revoke the notice. 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. 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. We may consider these further if a provider reapplies for registration. to what extent was the offending premeditated and/or planned? 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 will not impose a condition that conflicts with the legal requirements. 8. If the First-tier Tribunal decides not to review the decision, or reviews it and decides to take no action, the party can apply for permission to appeal. However, we will not consider the convictions and cautions to be spent in relation to the suitability of a person if they are directly providing, involved in the management of, or employed in connection with childcare. 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. If we intend to refuse an applicants registration, we will serve an NOI. Section 70 of the Childcare Act 2006 sets out that a childminder agency may give notice to Ofsted of their wish to be removed from the register. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? If we have concerns about the childminder agency, we will keep the information on record as we may wish to consider this should they seek future registration with Ofsted. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. 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 do this to allow the registered provider to take action before we do. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. 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? We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. We may receive concerns that do not suggest a risk to the safety or well-being of children. The protection of children is paramount to our approach to enforcement. Other offences do not need any steps before bringing a prosecution. If we refuse registration, the person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare.

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