Where a provider has more than one setting on their registration, we may choose to suspend individual settings or the whole registration, depending on the nature of the concerns. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. staff and parents/carers being aware of e-safety issues. 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. This policy should be read alongside other guidance documents: The legal basis of our enforcement work is set out in the Childcare Act 2006 and its associated regulations. Children's safety and Security in the nursery Links to Early Years Foundation Stage: Safeguarding and Welfare Requirements: Safety and suitability of premises, environment and equipment: Safety 3.53, 3.56-3.65 Policy statement We maintain the highest possible security of our nursery premises to ensure that each child is If we refuse to approve additional premises, this will not necessarily impact on the providers registration. Prosecution for some offences can only be brought after we have taken certain procedural steps. They can apply to us to waive their disqualification. Inspectors will not include identifiable staff or children in any photographs they take. If the applicant, provider or childminder agency tells us, in writing, that they do not intend to appeal against the decision, the decision takes immediate effect. Its guidance goes on to state that harm is considered in its widest context and may include: In some cases, we may decide to refer an individual to the DBS before we have gathered all the evidence relating to misconduct, but when the limited information that we have satisfies the relevant tests for referral. An Ofsted caution should not be confused with a caution or a conditional caution from the police. The legal definition of harm is set out in section 31 of the Children Act 1989. - definition and types of abuse. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. 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. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. If we intend to refuse an applicants registration for additional or different premises, we will serve an NOI setting out the reasons for the refusal. 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. Failure to notify us of these events, without reasonable excuse, is an offence. 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. 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 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. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. In some circumstances, we can impose, vary or remove conditions of registration. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. Sex. Suspension would apply to their non-domestic premises too. If we have concerns about the provider, we will keep the information on record because we may wish to consider this should the provider seek future registration with Ofsted. 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. These are: every child is a unique child, who is constantly learning and can be . Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 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. We will only use clear, proportionate and reasonable conditions. 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. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. It is for providers to decide whether these arrangements are appropriate and operated in line with the GDPR, the Data Protection Act 2018 and the Human Rights Act 1998. However, we may share the information relating to the caution with other agencies in appropriate circumstances. We can only consider extending a suspension beyond 12 weeks if one or both of the following apply: 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. Where a registered person or body is convicted of an offence that we have prosecuted, we will consider any conviction in determining their ongoing suitability for registration. 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. The provider commits an offence if they fail to carry out the WRN actions within the specified time. It informs the person that if they are committing the offence, they should stop immediately. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. It does not give us any discretion not to do so. 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. to what extent was the offending premeditated and/or planned? Tribunal hearings take place around the country or remotely. We expect providers to be open and honest with us when providing these contact details and ensure that details are provided for all children who attend, including family members and those who may only attend part time and/or only before and after school. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. We have the power to impose conditions at the point of registration. During that time, childminders registered with the agency are still able to operate. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . If we decide to refuse registration, the notice remains in effect. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. They can only apply for a review if they believe there is an error of law in the decision. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. In some circumstances, we can impose, vary or remove conditions of registration. We will not impose a condition that conflicts with the legal requirements, including the EYFS. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. Memphis, TN. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. A warning letter sets out the offence that we reasonably believe is being committed. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. This section sets out our powers of enforcement for providers on the Childcare Register only. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. The protected characteristics listed in the Act are: 1. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. 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. In these cases, we would always discuss this with the complainant before doing so. We will confirm our objection decision in writing. 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. An enforcement notice takes immediate effect from the date it is served. Providers may also appeal to the Tribunal against an emergency order made by a magistrate to: Please see our guidance on how to appeal. However, a provider may be able to guess their identity from the information provided. press Ctrl + P on a Windows keyboard or Command + P on a Mac would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? These legislations provide the basis for shaping the policies and procedures in the early years setting which aims to provide a safe and healthy environment for the children to learn, develop and play. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. Dont worry we wont send you spam or share your email address with anyone. The person is therefore liable to be proceeded against and punished accordingly. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. 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. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. A court may only convict if it is sure that the defendant is guilty. This document is to help managers of early years settings (including wrap around care for the early years age group) ensure their online safeguarding practice is in line with statutory. 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. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. 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. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. 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. We will retain information about the concerns that led to suspension. 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. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. If the objection is unsuccessful, we will serve the NOD and the applicant can then appeal to the First-tier Tribunal against any NOD served. 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 . Suspension would apply to their non-domestic premises too. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. See further guidance on the provisions for rehabilitation of offenders. See Disqualification and waivers section for further information. 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. Ofsted neither endorses nor prevents the use of CCTV. 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. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. We must write to the registered person and tell them that the law requires us to cancel their registration. 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. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. We exercise these powers to reduce the risk of harm to children who use regulated early years services, to enforce compliance with the law and to improve the quality of services. The report or letter sets out the actions that a provider must take to meet the particular EYFS requirements, and the timeframe to do so. We may consider these further if a provider reapplies for registration. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. Policy and procedure guidelines. how did the offending come to an end? 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. 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). It also provides guidance on good practice. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. 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. 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. If we cancel a childminder agencys registration with Ofsted, any childminders who are registered with the agency (unless they are disqualified or we think they may be disqualified) will have their registration transferred to Ofsted when the decision takes effect. 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. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. This qualification meets the needs of candidates who work or want to work in a wide range of early years set tings covering the age range 0-5 years for example in the roles of: In some cases, the suspension may be lifted without any further action as the enquiries confirm that the provider continues to meet the requirements of registration.
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