The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. We may consider these further if a provider reapplies for registration. 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. Even if we uphold the providers objection to these other issues, we must still serve a notice of our decision to cancel the registration on the grounds that the registered person is disqualified, unless they provide evidence that the information we have about the disqualification is inaccurate and they are not disqualified. 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. We serve an NOI setting out the reasons for the action proposed. 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. 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. 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. 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). Some enforcement actions allow periods for written representations and appeals before the action takes effect. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. We will not impose, at this stage, a condition that replicates a legal requirement. In this case, the person may make an objection to Ofsted. The registered provider must demonstrate that the requirements will be satisfied, and are likely to continue to be satisfied, in relation to the proposed provision. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. The Tribunal must consent to the withdrawal. They can only apply for a review if they believe there is an error of law in the decision. 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. Change to the registered person, nominated individual or manager. If we waive disqualification, a person may then apply for registration. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. There is no obligation on a provider to accept a caution. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. CCTV is a popular way of assisting in the security of workplaces. 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. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. This will include all settings within the registration. 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. 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. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. However, we will only suspend where we believe there may be a risk of harm. In 1974, Cruz's father left the family and moved to Texas. So, very early on in my journalism career, I . press Ctrl + P on a Windows keyboard or Command + P on a Mac For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. 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. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. We can suspend their registration for the non-domestic premises or both premises. We can do this when a provider is first registered or at any time afterwards. 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. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. in early years settings 6.4 Describe legislation, regulations and guidance that apply to infection prevention and control in early years settings 6.5 Explain the immunization programme for children and its role in infection control. 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. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. We may receive a concern about a registered provider on the Childcare Register. Using these guidelines will help you develop effective and service-specific policies and procedures and ensure the safety, health and wellbeing of children. We would also expect providers to do the same with inspectors on visits/inspections. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. 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. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. When invited, we attend strategy discussions when the investigation concerns a: Ofsted does not hold a statutory responsibility for child protection matters, but we work together with other statutory agencies by sharing information we hold to protect the welfare of children and young people. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. 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 not impose a condition that conflicts with the legal requirements, including the EYFS. This does not automatically mean we will grant registration. We will also consider referral to the DBS or other agencies if appropriate. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? Suspension would apply to their non-domestic premises too. 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. The provider may object. 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. 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. 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 will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. 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. 7. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? 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. Development means physical, intellectual, emotional, social or behavioural development. 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. A warning letter sets out the offence that we reasonably believe is being committed. Boggo Road Gaol in Brisbane, Australia, was Queensland's main jail from the 1880s to the 1980s, by which time it had become notorious for poor conditions and rioting. EYFS 2017 If providers have concerns about children's safety or welfare, they must notify agencies with statutory responsibilities without delay The setting's safeguarding policy and procedures must cover the use of mobile phones and cameras in the setting. The relevant criminal offences are listed in Annex B. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. If the annual fee is not paid, we will cancel the registration unless we are given notice that the agency wants to be removed from the register. 7919. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). 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. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. We would expect to receive a waiver application from the registered person within 14 days. 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. These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 ("the 2007 Order") and the Early Years Foundation Stage (Welfare. We consider all of the information available to us, including whether the person is previously known to Ofsted. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. We assess all the information we receive against the details we already hold about the registered provider or setting to decide on the appropriate action to take. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. Figure 14.1 has been used by a number of commentators to illustrate the difference between preventive services, designed to reduce the likelihood of Otherwise, the application will be refused. There are 4 aspects to Ofsteds regulation of childminder agencies. We consider a waiver application before, and separately from, any application to register. The purpose of this legislation is to provide guidelines to safeguard young children, deterring them from being drawn into terrorism. Security Policy Purpose of Policy . 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. 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. See Page 1. However, there are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. We will not be involved directly in these investigations. If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. 6. We have the power to impose conditions at the point of registration of a childminder agency. In these instances, we also write to the provider giving them the information and asking them to take appropriate action. Information in this section can be used by families, carers, providers and services. It is important that media enquiries are directed to our press office. These are: every child is a unique child, who is constantly learning and can be . If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? As the Queensland Early Childhood Regulatory Authority, the department regulates early childhood education and care services to reduce risk to children's safety, drive voluntary compliance and promote continuous improvement. At Appletree we provide a diverse, balanced and relevant approach to the use of technology. It is an offence to provide childcare on non-approved premises. Providers may also appeal to the Tribunal against an emergency order made by a magistrate to: Please see our guidance on how to appeal. have the suspects actions negatively impacted on a third party? We will retain information about the concerns that led to suspension. 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. Dont worry we wont send you spam or share your email address with anyone. If we decide to refuse registration, the notice remains in effect. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. 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. It is an offence to knowingly do so. We may choose to gather further information and evidence before we make a decision about what enforcement action, if any, we will take. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. These people must be over the age of 16 years. Cancellation will apply to all of the agencys registrations. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. We may also ask the applicant to attend an interview with us. Health and Safety management systems work . We may prosecute a person who knowingly employs a disqualified person. 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. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. Ofsted neither endorses nor prevents the use of CCTV. 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. We suspend registration if we reasonably believe that the continued provision of childcare by the registered person to any child may expose the child to a risk of harm. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. In some circumstances, we can impose, vary or remove conditions of registration. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. Safety rules. We have one form per day of which we track each staff member who is in the room and child by signing them in when they arrive and out when they . If a provider refuses a caution, we will usually proceed to prosecution. We make clear to parents and the public who look at the Ofsted reports website that there are concerns and/or that Ofsted does not consider this provider suitable to provide childcare. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, if we have already served the provider with an NOI to cancel registration, we will not remove the provider from the register unless we have decided not to pursue cancellation. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. This section applies to providers registered as childminder agencies. 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). Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. It is that the person may: Harm is not defined in the legislation. Under The Data Protection Act 1998, if you use CCTV on your premises you have a legal requirement to provide adequate signage stating that it is in operation. A provider may be registered on both the Early Years Register and the Childcare Register. Suspension would apply to their non-domestic premises too. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom early 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 emergency order to: The legal definition of harm is as set out in section 31 of the Children Act 1989. Please click on the button below to view the full . an early years setting. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. They should also demonstrate how the action taken The registered person can appeal to the Tribunal against each period of suspension. This course will ensure your practice is in line with the requirements of the Early Years Foundation Stage, The Early Years Framework and The Foundation Phase. has the suspect misled anyone as to their registration status? Understand legislation and guidelines for health and safety in Early Years Settings Assessment criteria: 1.1 Outline the legal requirements and guidance for: health and safety, security Health & Safety at Work Act 1974 (HASAWA) is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? An Ofsted caution is not disclosable as a part of any DBS check. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. 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. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? The sudden serious illness of any child for whom later years provision is provided. 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 inspect and regulate services that care for children, and services providing education and skills for learners of all ages. 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. 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. 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. The types of enforcement actions we can take against providers breaching the requirements of the Childcare Register include: We will consider enforcement action where appropriate, including for those providers that are registered only on the voluntary part of the Childcare Register (and whose activities do not require registration). Early years providers must meet the requirements of the EYFS. Death or illness of, or serious accident or injury to, an adult on the premises. 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. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. is the offending likely to be continued, repeated or escalated? In some cases, we may take steps to cancel a registration while a suspension is in place. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. When we are notified of an event, we may ask the provider notifying us to provide us with more information about what it has done in relation to the event. For example, some require a suspect to have had an opportunity to make representations. The children's Act 1989. 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. We will write to the applicant to let them know we have done this. 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. It is an offence for a person who is so disqualified to: A childminder agency must not employ a person disqualified from registering as a childminder agency in any capacity that involves being directly concerned in the management of a childminder agency or where they may enter premises on which early or later years childcare is being provided. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply 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). This applies to those registered on Part A of the General Childcare Register only. Applicants may not withdraw their application after that point unless we agree they can do this. We will also review all information to see if it is appropriate to pass on to the provider to help them take the action they need to.

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