non statutory agencies in early years

When we receive information or allegations that suggest a breach of relevant regulations or legislation, we check whether children are at risk of harm and/or whether a provider is complying with the law. See our directed surveillance policy for more information. Non statutory include two types. If we intend to refuse an applicants registration, we will serve an NOI. If an offence is committed by a registered provider, we will consider whether we should take regulatory enforcement action (such as cancellation of registration) instead of a criminal investigation. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. 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. Register for services easily with our online system, Information for reporting covid case in your school, Click to see all recent covid updates and how to report covid cases in your school Read More. Days and hours during which later years childcare is to be provided. Find out more about what we do. Providers may choose to use webcams and closed-circuit television (CCTV) to allow parents to see children and to allow managers to monitor staff and children. 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). For Nurseries GooglePlay, Disclaimer | Privacy Policy | Security | Terms & Conditions | Testimonials, 2022 Nursery Story Nursery Management Software 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. 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. The registered person can appeal to the Tribunal against each period of suspension. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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. In all instances, if a registered person operates more than one setting, cancellation will apply to all their settings. Early years education providers, including schools, must meet the paediatric first aid requirements set out in the statutory framework for the early years foundation stage (EYFS). If such a registration covers more than one setting, cancellation will apply to all settings in that registration. They must include a copy of the notice against which the appeal is brought, and an appeal application form. From September 2021 onwards, when the reforms will apply nationally, early years providers and schools in England will need to use the new version of the EYFS Framework. 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. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. The Early Years Foundation Stage (EYFS) requires early years practitioners to review children's progress and share a summary with parents at two points: between the ages of 24 and 36 months via the progress check; and; at the end of reception via the EYFS profile. If appropriate, we encourage the person to apply for registration. The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. "statutory agency" published on by null. 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. The agency may object. 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. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. It takes effect as soon as the notice is served. A court may only convict if it is sure that the defendant is guilty. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. 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. Birth to 5 Matters is the new non-statutory guidance to implementing and understanding the new EYFS 2021 framework. We will only consider this stage if the evidential test is met. 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. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served. The legal definition of harm is set out in section 31 of the Children Act 1989. We consider information about unregistered services and provision on unapproved premises and take appropriate action. We will do this by asking ourselves the questions at b) and c). For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. We have the power to impose conditions at the point of registration. If we receive any concerns about safeguarding or allegations of abuse, we will refer them to the relevant local authority childrens services and/or the police. We do not serve an NOD until at least 14 days from the service of the NOI. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. This section sets out our powers of enforcement for providers on the Childcare Register only. schools will be registered and inspected by ofsted. Content you previously purchased on Oxford Biblical Studies Online or Oxford Islamic Studies Online has now moved to Oxford Reference, Oxford Handbooks Online, Oxford Scholarship Online, or What Everyone Needs to Know. 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, 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. Community involvement is beneficial in every area of life and particularly during the early years, Record the story of a childs development and mark the milestones and achievements of our future superheroes. We also use cookies set by other sites to help us deliver content from their services. 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. 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. Non-Statutory Public Services- not required by law, some receive Government funding but many are charities or self funded. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. We may also ask the applicant to attend an interview with us. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. The Ofsted caution is non-statutory and not recorded on the Police National Computer. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. A failure to meet this requirement may lead us to consider taking enforcement action. . to what extent has the suspect benefited, or intended to benefit, from the offence? Training is available from a wide range of providers including: Theregister of regulated qualificationsmay help providers to identify paediatric first aid providers. The protection of children is paramount to our approach to enforcement. Weve created an article with all you need to know to get your childcare setting ready for EYFS 2021. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. We will work closely with the local authority and the police when there is a section 47 investigation. If a person has previously received a caution, we would not normally consider issuing a further caution. Private and voluntary. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. An Ofsted caution is not disclosable as a part of any DBS check. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. has the suspect misled anyone as to their registration status? We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. Local authority childrens services arrange strategy discussions to assist them in deciding whether the information they hold about a child meets their threshold to investigate a child protection concern and, if so, the steps they need to take in response. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. It does not give us any discretion not to do so. If an objection is made and not upheld, the NOD will include the reasons why we have decided to take the step, including any matters we considered during the objection. 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. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). You can also use these options and change the printer destination to save the content as a PDF. 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. how serious was the harm (whether actual harm or potential harm)? 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. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. This will not result in disqualification. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. This also applies to anyone connected with the application. We will retain information about the concerns that led to suspension. Development Matters has been updated. We may consider these further if a provider reapplies for registration. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. Details of any order, determination, conviction or other ground for disqualification from registration that affects either: Details of any criminal convictions and cautions of the nominated individual or anyone applying to register to provide later years provision. When we close a case, we must consider the information from others investigations in determining when to schedule our next inspection or whether we should carry out any further regulatory activity. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. They will also update the published outcome summary to show whether the WRN actions have been met. The challenge is for the childs community (parents, settings and practitioners) to provide opportunities for positive relationships, enabling environments that encourage their engagement and recognise their strengths. We cannot serve a WRN for failure to meet learning and development requirements. We may choose to gather further information and evidence before we make a decision about what enforcement action, if any, we will take. However, where it will be asked to supply relevant contact details for parents and carers, including handwritten! Be asked to supply relevant contact details for parents and carers, including email addresses all in. 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