If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. The early years setting are bound by safeguarding legislation, so it is important that the EYP understand and implement safeguarding policies and procedures If there is any concern with regards to a child's well-being, safeguarding or any behavioural issues, the early years practitioners will be responsible for taking the necessary action. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. 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. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. This applies to those registered on Part A of the General Childcare Register only. This happens if they live on premises where a disqualified person lives or works. An Ofsted caution is not disclosable as a part of any DBS check. 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. 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. 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. The use of CCTV is not covered by the EYFS. We will use the information we have gathered in our inspection or regulatory activity to determine whether the registered provider: We will write and publish a report following an inspection. 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 consider a waiver application before, and separately from, any application to register. Please see our guidance on how to object to an NOI. 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. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. If you are a new setting or an existing one that would like any assistance with your HR . 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. Development means physical, intellectual, emotional, social or behavioural development. Legislators also dug in on their . 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. We have the power to impose conditions at the point of registration. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. Older toddlers (2years to 3 years) Pre-school (3 years to 5 years) Staff should always monitor and maintain health and safety and encourage safe working. In this case, the person may make an objection to Ofsted. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. 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. At this point, the decision takes effect, unless the provider has appealed to the First-tier Tribunal, in which case the provider remains registered until the appeal is determined. Development means physical, intellectual, emotional, social or behavioural development. Failure to notify us of these events, without reasonable excuse, is an offence. Operated . 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. Change of member of the partnership, committee or corporate or unincorporated body. The enforcement action we take is set out in the legislation. 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. If a provider refuses a caution, we will usually proceed to prosecution. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. For example, we may limit it to a particular setting or role. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. If a person has previously received a caution, we would not normally consider issuing a further caution. Legislation is valuable to setting societal standards and norms at all levels of government, including the local, state and national level. We must receive their application to waive disqualification within 14 days of receipt of the NOI. The agency may object. When we receive concerns from parents or other members of the public, we always try to keep their identities private, if that is their wish. 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. This includes notifying us of any other significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises on which childcare is provided to look after children. 2. This will include all settings within the registration. 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. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. We may specify the extent to which we agree to waive a disqualification. Confidential information must not be shared outside of the setting E. G family or friends. See our directed surveillance policy for more information. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. You can also find your print and save options in your browsers menu. what was the period, or extent, of the offending? Dont worry we wont send you spam or share your email address with anyone. to what extent was the offending premeditated and/or planned? The greater the suspects level of culpability, the more likely it is that a prosecution is required. You have rejected additional cookies. All . If the annual fee is not paid, we will cancel the registration unless we are given notice that the provider wants to be removed from the register. 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. 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. It lasts until we revoke it. If we waive disqualification, a person may then apply for registration. In these cases, we may carry out regulatory activity or an inspection. 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. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. When actions are set following regulatory activity, then 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. We may receive concerns that do not suggest a risk to the safety or well-being of children. what was the role of the suspect in the offence (particularly where there are multiple suspects)? When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. We will also inform parents and carers when the suspension has been lifted. 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. 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. 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. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. Some regulatory cases will remain open until we know the outcome of any legal action. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. This section sets out our powers of enforcement for providers on the Childcare Register only. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. is the offending likely to be continued, repeated or escalated? We may consider these further if a provider reapplies for registration. 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. However, 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. 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. We will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. 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. It is also likely to be in the public interest to prosecute where not holding the person to account is likely to undermine public confidence, or the confidence of registered providers, in the system of regulation. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. Gender reassignment. The provider commits an offence if they fail to carry out the WRN actions within the specified time. Cancellation will apply to all of the agencys registrations. 2. 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. Parents, students, or visitors are reminded not to allow entry to any . 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. We may also ask the applicant to attend an interview with us. 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 have the power to impose conditions at the point of registration. 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.