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to what extent has the suspect benefited, or intended to benefit, from the offence? If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. 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. It makes clear that to protect children in their care, providers must be alert to any safeguarding and child protection issues in the child's life at home or elsewhere (paragraph 3.4 EYFS). Ofsted requires all settings to have a set of policies and procedures. This is in addition to the body corporate being guilty. Not allowing children to use equipment/apparatus without adult supervision. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. A court may only convict if it is sure that the defendant is guilty. 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. 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. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. 4. This is either 28 days after the NOD was served or, if there is an appeal, when the outcome is determined and the First-tier Tribunal upholds the decision to cancel. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. It is not an offence for a provider registered on the voluntary part of the Childcare Register to continue to provide care for children while suspended, because registration is not compulsory. Ofsted is the Office for Standards in Education, Childrens Services and Skills. 9. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. All . Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. What legislation does this framework refer to? We may carry out checks on childminders so that we can establish whether they are disqualified. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. We will not impose a condition that conflicts with the legal requirements. In this case, the agency may make an objection to Ofsted and appeal to the First-tier Tribunal once the NOD has been served, either after the NOI has been served or after an unsuccessful appeal. 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. We may also take this into account when determining any new application for registration. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. This is because it may jeopardise other agencies investigations. The list is not exhaustive, but some of the factors we may take into account are as follows. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. Health means physical or mental health. The use of CCTV is not covered by the EYFS. All rooms and equipment used by children and young people should have regular checks to ensure . An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. 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. When considering cases in which there have been 3 or more notifications from the provider, the risk assessment team will consider the information received and the providers history in deciding whether the matter should be escalated for further action. If the information suggests risk of harm, we may use our urgent enforcement powers. 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 a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. We may receive a concern about a registered provider on the Childcare Register. We may monitor compliance with the notice. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. We will only use clear, proportionate and reasonable conditions. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. An inspector will also consider whether further enforcement action is appropriate. 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. 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. 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. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? 6. In these cases, we would always discuss this with the complainant before doing so. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. 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. If the inspector makes a visit or contacts the provider before some actions are due to be completed, they will review and record evidence about the progress the provider is making. If the childcare is provided by a partnership, body corporate or unincorporated association whose sole purpose is the provision of childcare, any change to the individuals who are partners in it, or any change in a director, secretary or other officer or members of its governing body. This is known as the 50% rule. It also gives time for us or the provider to take steps to reduce or remove any risk to children. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? 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. It takes effect as soon as the notice is served. 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. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. 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. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. We do this to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as our notices of suspension can contain personal or sensitive information. 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. Serious Case Reviews (SCRs) continue to highlight failings in how and what information is recorded when there are concerns about a child, as well as how, when and with whom it's shared. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. However, they need to understand the constraints that this can place on our actions. Outline, Pages 7 (1670 words) Views. The relevant criminal offences are listed in Annex B. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. 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. We can use our power to refer where we think a person has either: The harm test is set out in section 45(3) of the Safeguarding Vulnerable Groups Act 2006. These are: every child is a unique child, who is constantly learning and can be . 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 also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 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. 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. We serve an NOI setting out the reasons for the action proposed. We consider each request on its own merits. This means that childminders registered with the agency are still able to operate. 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. press Ctrl + P on a Windows keyboard or Command + P on a Mac The greater the suspects level of culpability, the more likely it is that a prosecution is required. We will write to the applicant to let them know we have done this. 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. We will retain information about the concerns that led to suspension. We do not serve an NOD until at least 14 days from the service of the NOI. Inform and keep staff up-to-date with health and safety guidelines for early childhood centres, such as: Implementing a no running policy indoors. If such a registration covers more than one setting, cancellation will apply to all settings in that registration. For registered providers, the burden of proving the case rests with Ofsted. We will notify the applicant in writing, usually by email, of our decision. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. 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. We consider a waiver application before, and separately from, any application to register. 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. They must apply in writing no later than 1 month after the First-tier Tribunal made the decision to refuse permission to appeal. While some areas of the premises might not be used for childcare or might be out of bounds to children, the whole premises are registered and these areas may still be accessible to children. Safety rules. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? The appeal must be made in writing within 28 days of the date of our decision letter. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. We will review their response and may visit or inspect again to check that they are meeting all the regulations. Change to the registered person, nominated individual or manager. 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. 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. 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. For example, we may limit it to a particular setting or role. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. If we decide to lift the suspension, we will inform the registered person. The NOD will include information about the right to appeal to the Tribunal. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. 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. Instructions may vary depending on which internet browser you use, such as Internet Explorer or Google Chrome, and the type of device you use, such as a phone or laptop. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. 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. Children are encouraged to maximise the benefits and opportunities If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. has the suspect displayed genuine remorse and shown insight into the offending? Working Together to Safeguard Children (2018) - sets out role, responsibilities and best practices for agencies and organisations that come into contact with children including early years settings, social services, care providers and police. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. We may receive concerns that do not suggest a risk to the safety or well-being of children. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. Change of member of the partnership, committee or corporate or unincorporated body. We can suspend registration for all a providers settings or for particular premises. It informs the person that if they are committing the offence, they should stop immediately. If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. Powerful Essays Cypop 1.2 Each of the nations within the UK has a set of welfare requirements or standards that must be met by the provider of early years care. This does not automatically mean we will grant registration. It will also support your continuous professional development in line with the Early Years Teachers Standards. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). However, a provider may be able to guess their identity from the information provided. Religion and belief. Development means physical, intellectual, emotional, social or behavioural development. We have the power to impose conditions at the point of registration. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. The protected characteristics listed in the Act are: 1. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. For our regulatory activity, we will write and publish an outcome summary to report on any breaches of requirements that we find and any action taken. Visitors to the setting must be signed in and recorded in the visitor's book. See our directed surveillance policy for more information. The quotation "all men are created equal" is part of the sentence in the U.S. Applicants may not withdraw their application after that point unless we agree that they can do this. We will not impose a condition that conflicts with the legal requirements, including the EYFS. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. We may specify the extent to which we agree to waive a disqualification. The purpose of this policy is to ensure the safety of children and colleagues within the nursery, in the event of an emergency which may result in evacuation. 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 also use cookies set by other sites to help us deliver content from their services. We will work closely with the local authority and the police when there is a section 47 investigation. If the agency informs us that they do not intend to appeal to the Tribunal, the decision takes effect at that point and the agency is no longer registered and the childminders registered with the agency are no longer able to operate. For example, we may do this when a registered early years provider applies for voluntary cancellation before we complete our assessment and we have not served a notice of our decision to cancel but we have concerns about that person. To help us improve GOV.UK, wed like to know more about your visit today. We can also use more than one type of enforcement action at the same time. This is to make parents and the public aware of any concerns and action taken at the childcare setting. 2. 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. 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. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. 2. Any setting should have clear policies and procedures about all aspects of health and safety. what was the role of the suspect in the offence (particularly where there are multiple suspects)? Change of name or address of the committee, partnership, unincorporated body or agency. 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. 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. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. The latest Arizona headlines, breaking news, in-depth investigations, politics, and local community stories that matter to you. The factors that you would need to take into account include Individual needs depending on their age or abilities, for example a child of two years may not be able to do the physical things of a child who id five years old. You can also find your print and save options in your browsers menu. 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. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. These people must be over the age of 16 years. We have the power to impose conditions at the point of registration of a childminder agency. 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. This will be based on the evidential test and public interest factors set out above. If we decide to refuse registration, the notice remains in effect. The requirements are that the registered person does not give corporal punishment, and ensures that no person who cares for the child, or who lives or works on the premises, gives corporal punishment to the child (Regulation 9). 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. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. The police or local authority have to decide how much information they are willing to place in the public domain, without it having a negative impact on their investigation. We will not be involved directly in these investigations. 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. In some circumstances, we can impose, vary or remove conditions of registration. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom later 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 order to: A registered provider may give notice to Ofsted for removal from the register under section 70 of the Childcare Act 2006. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. 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. 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. 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. In considering whether or not a person is disqualified, we also consider the provisions in the Rehabilitation of Offenders Act 1974 and The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which set out when convictions and cautions become spent. See Disqualification and waivers section for further information. 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. 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. In this case, the person may make an objection to Ofsted. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). 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 expect the registered person to demonstrate how the action taken is improving the standards of the agency, as well as the standards of the agencys employees and childminders registered. 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 will always write and publish an outcome summary after any type of regulatory activity, if we or the provider have identified a breach of requirements, including if the provider has already taken action to address this. Age. At the same time, EYPs We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. In this case, the person may make an objection to Ofsted. It is an offence to knowingly do so. 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. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. 7. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. We can suspend registration for all of a providers settings or in relation to particular premises. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. We will also carry out our own assessment of whether the provider meets the requirements for continued registration and decide on the appropriate action to take. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. Since September 2014, all funded early years settings must have regard for the new Code of Practice, which sets out the provision of the new Act. However, when viewed in the context of other recent events and information, it may suggest greater concern. We will do this only after considering factors such as the seriousness of the non-compliance, the impact on children, the history of the registered persons compliance, and other actions available to us. The same applies if the person lives or normally works on childcare premises. Under the same Act, providers have a legal duty to refer to the DBS when the conditions are met, and it is an offence to fail to provide relevant information to the DBS without a reasonable excuse. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. 5. 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. Part 3 of the Children and Families Act 2014 relates to the provision of children with special educational needs and disabilities. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. 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.