non statutory agencies in early years

The person is therefore liable to be proceeded against and punished accordingly. If you are an early years setting in the UK already using a software management tool and are looking to switch platforms, book a DEMO with us. is the offending likely to be continued, repeated or escalated? However, we may share the information relating to the caution with other agencies in appropriate circumstances. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. Other offences do not need any steps before bringing a prosecution. Suspension would apply to their non-domestic premises too. schools will be registered and inspected by ofsted. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. 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). 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. 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. 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. They can apply to us to waive their disqualification. There are a number of offences linked to providing unregistered childcare. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. 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. Acknowledging the different ways children can perceive the world around them is fundamental to understanding the essence of each child and how best to support their development. This will determine whether any safeguarding or enforcement action is required. In this case, the person may make an objection to Ofsted. The guidance outlines the foundations of good practice and offers information on how you can bring the principles of the EYFS to life in your setting. We would also expect providers to do the same with inspectors on visits/inspections. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. 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. 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. The person can appeal to the Tribunal. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. We do this to allow the registered provider to take action before we do. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. Section 68 of the Childcare Act 2006 sets out grounds for cancellation as follows: If a registered person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. 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. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Ofsted neither endorses nor prevents the use of CCTV. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. The evidential test is a different test from the one that the criminal courts must apply. Non statutory include two types. This means that their existence and powers are not set out in legislation. Posted on . The registered person can appeal to the First-tier Tribunal against each period of suspension. Warning letters are non-statutory actions. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. They can only apply for a review if they believe there is an error of law in the decision. This means that childminders registered with the agency are still able to operate. It also gives time for us or the provider to take steps to reduce or remove any risk to children. The registration requirements are outlined in our registration guidance for childminder agencies. In order to keep children safe, we may also have to share the information we have received with other organisations. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. 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. This will not result in disqualification. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Parenting, childcare and children's services, Performance and inspection of childcare providers, Early years and childcare: Ofsted's enforcement policy, Our enforcement actions: Early Years Register, Our enforcement actions: Childcare Register, Our enforcement actions: childminder agencies, Unregistered childcare providers and provision on unapproved premises, nationalarchives.gov.uk/doc/open-government-licence/version/3, Early Years Register enforcement actions section, Childcare Act 2006 and its associated regulations, The Childcare (Early Years Register) Regulations 2008, Statutory framework for the early years foundation stage (, The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, The Childcare (General Childcare Register) Regulations 2008, The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014, The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014, Childcare (Early Years Register) Regulations 2008, apply to Ofsted for approval before operating a nursery or other daycare from additional premises, Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, appeal to the First-tier Tribunal against each period of suspension, registration requirements of The Childcare (General Childcare Register) Regulations 2008, appeal to the Tribunal against each period of suspension, providers registered as childminder agencies, registration guidance for childminder agencies, Regulation of Investigatory Powers Act (RIPA) 2000, section 45 of The Safeguarding Vulnerable Groups Act 2006, section 45(3) of the Safeguarding Vulnerable Groups Act 2006, Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, notify Ofsted of certain significant events, section 26(1) of the Criminal Justice and Courts Services Act 2000, forms and other information for the First-tier Tribunal, Police and Criminal Evidence Act 1984 (PACE Act), guidance on reporting accidents and injuries, Tell Ofsted about adults leaving the home, Report changes to registered people in your nursery or other daycare. See guidance on how to tell if you might be disqualified. 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. We consider information about unregistered services and provision on unapproved premises and take appropriate action. If necessary, we can impose a further 6-week period of suspension on the same grounds, and in exceptional circumstances we can suspend beyond this. Pricing 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. to what extent has the suspect benefited, or intended to benefit, from the offence? Statutory body or authority means a non-constitutional body which is set up by a parliament. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. The applicant may make an objection to Ofsted. This is to make parents and the public aware of any concerns and action taken at the childcare setting. "statutory agency" published on by null. See further guidance on the provisions for rehabilitation of offenders. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. We cannot grant an application to register with Ofsted if the application indicates that any of the following individuals are disqualified from registration: We cannot consider the application to register unless: In these cases, we will inform the applicant of the reasons why we cannot grant the application to register. Parents App GooglePlay Childminder agency applicants may withdraw their application for registration at any stage. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. 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. This includes notifying us of any other significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises on which childcare is provided to look after children. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. Limiting the decision to waive disqualification in this way means that the individual has to reapply if their circumstances change or the risk to children changes. We may carry out checks on childminders so that we can establish whether they are disqualified. The provider commits an offence if they fail to carry out the WRN actions within the specified time. If we consider that a provider is failing (or has failed) to meet one or more of the safeguarding and welfare requirements of the EYFS, we may serve a welfare requirements notice (WRN) under Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012. If we do not uphold the objection, we will set out the reasons in the outcome letter. 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. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. Recommended Tablets 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. In this case, the person may make an objection to Ofsted. 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 not be involved directly in these investigations. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. See Disqualification and waivers section for further information. Act 1974 (HASAWA) The Management of Health and Safety at Work Regulations 1999. The suspension is lifted as soon as we inform them. 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, if a provider does not agree to this, the inspector will highlight Ofsteds legal power under section 77(d) of the Childcare Act 2006 to take measurements and photographs or make recordings. Neither party can apply for a review on the grounds that they do not agree with the decision. We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. An Ofsted caution should not be confused with a caution or a conditional caution from the police. The disqualification provisions are set out in section 75 and section 76 of the Childcare Act 2006 and in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. This section applies to providers registered as childminder agencies. We have the power to impose conditions at the point of registration of a childminder agency. This is known as the 50% rule. 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. 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. 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. Therefore, if a provider on the voluntary register continues to provide childcare while suspended, we may consider whether this warrants a review of that registered persons suitability to remain registered. 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. We will not impose, at this stage, a condition that replicates a legal requirement. 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. We may consider these further if a provider reapplies for registration. Notification should be made as soon as is reasonably practicable, but in any event within 14 days of the incident occurring. 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 enforcement action we take is set out in the legislation. 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. We will write to the applicant to let them know we have done this. This includes arrangements for off-site activities involving young children such as educational visits. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. This will set out the reasons for the refusal. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. 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. This includes changes to the identity of the nominated individual, changes to the identity of those who make up the registering body and any changes to the statement of purpose. Nursery Software If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). An enforcement notice is a legal letter that we send to a person telling them that they cannot provide childminding without being registered with us. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. Childminders, and any assistant who might be in sole charge of the children for any period, should hold a current paediatric first aid certificate. It is an offence to provide childcare on non-approved premises. We will not impose a condition that conflicts with the legal requirements. Our privacy notice for childcare sets out what personal information we collect, what we do with it, how long we keep it and individuals rights under data protection legislation. Registered with the agency are still able to operate our guidance on the provisions for rehabilitation of offenders without is. Such as educational visits the care of children and how it is an offence provide. Includes arrangements for off-site activities involving young children such as educational visits meetings, we will set the. Any of the other grounds for cancellation apply, then we may also have share... Dealt with in accordance with our guidance on how to tell if might! 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