non statutory agencies in early years

Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. Development means physical, intellectual, emotional, social or behavioural development. Registers NEW! It informs the person that if they are committing the offence, they should stop immediately. We will write to the provider to let them know we have done this. In some cases, we may take steps to cancel a registration while a suspension is in place. The registered person can object to other issues raised in the NOI to cancel, if we have also included points relating to non-compliance with regulations or other factors concerning their suitability. Any photos taken with an Ofsted mobile phone, computer or tablet will be deleted from these devices once they have been transferred to our systems. 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. The EYFS framework sets the standards that all early years providers must meet so that children learn and develop well, ensuring children are kept healthy and safe and that children have the knowledge and skills they need to start school. We suspend a providers registration under section 69 of the Childcare Act 2006 and the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. Your email address will not be published. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. They represent the commitment of organisations to: Work together to prevent and protect adults at risk from abuse Empower and support people to make their own choices Investigate actual or suspected abuse and neglect. The person is therefore liable to be proceeded against and punished accordingly. 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). Daily Story If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. Employers should inform parents or carers of any accident or injury sustained by the child on the same day, or as soon as reasonably practicable, of any first aid treatment given. An Ofsted caution is not disclosable as a part of any DBS check. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements of The Childcare (General Childcare Register) Regulations 2008. Learning Journeys Weve created an article with all you need to know to get your childcare setting ready for EYFS 2021. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Childminder agency applicants may withdraw their application for registration at any stage. This includes arrangements for off-site activities involving young children such as educational visits. 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. These are: We have a range of enforcement powers to use in regulating childminder agencies, including: We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. It takes effect as soon as the notice is served. how did the offending come to an end? It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). Early Years Sector NOT Recognised Under Self Isolation. Web Design with by Digital Craft. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. This helps us to determine the waiver application. has the suspect displayed genuine remorse and shown insight into the offending? In addition to any statutory reporting requirements employers should keep a written record of accidents or injuries and first aid treatment. We do this to allow the registered provider to take action before we do. Non statutory include two types. If the concern does not prompt an immediate inspection, we may refer it back to the provider to take action and will check what they have done at their next Childcare Register inspection. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. 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. To help us improve GOV.UK, wed like to know more about your visit today. If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. Relevant offences under the Childcare Act 2006 apply to childminder agencies. There is no obligation on a provider to accept a caution. The applicant may make an objection to Ofsted. Ofsted neither endorses nor prevents the use of CCTV. 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. They are both non-statutory and schools and settings can decide how to use them to best support their practice and provision. develop strong relationships with parents. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. We must receive their application to waive disqualification within 14 days of receipt of the NOI. Most childcare providers looking after children under the age of 8 must register with Ofsted or with a childminder agency, apart from in certain exemptions. Your Local Education Authority Training Courses, Female Genital Mutilation online training course, National Childrens Food Festival Week 2016, Celebrating National Childrens Food Festival 2016, Early Years Mock Ofsted Inspection Booklet. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. When actions are set following regulatory activity, then the provider must notify us by email (or by letter if email is not possible), within the specified timescale, about the action that they have taken to meet the requirements. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. Neither party can apply for a review on the grounds that they do not agree with the decision. schools will be registered and inspected by ofsted. This section applies to providers registered as childminder agencies. 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. If we have judged a provider as inadequate at 2 consecutive inspections and there is no improvement, we would usually take steps to cancel their registration. It does not give us any discretion not to do so. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. Notification should be made as soon as is reasonably practicable, but in any event within 14 days of the incident occurring. 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. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. In certain cases, we may need to take both regulatory and criminal action. If an inspector carries out a monitoring visit and the registered person is operating in breach of the suspension notice, the inspector must caution them, as it is an offence to fail to comply with the suspension notice, and record any response in their evidence. We can suspend registration for all a providers settings or for particular premises. 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. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. 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. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. Read More. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. We would love to chat with you! Applicants may not withdraw their application after that point unless we agree that they can do this. They must include a copy of the notice against which the appeal is brought, and an appeal application form. For providers registered on 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. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. 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. Some will be delivering statutory services and may be run by volunteers, such as library . If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. It is that the person may: Harm is not defined in the legislation. Where possible, we send the NOD at the same time as the outcome letter. If we intend to refuse an applicants registration, we will serve an NOI. 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. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. The relevant criminal offences are listed in Annex B. Information may not suggest a risk when viewed in isolation. This means that their existence and powers are not set out in legislation. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. 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. Failure to notify us of these events, without reasonable excuse, is an offence. Assessment criteria: 1.2 Describe the roles and responsibilities of other agencies and professionals that work with and support your setting, both statutory and non-statutory, when supporting children with SEND Some of the other agencies and professionals that work with and support Early Years Settings can be found here If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. A person who is disqualified must not provide early or later years childcare provision that requires registration or be directly concerned in the management of this provision. We do not routinely prepare press releases in advance of any prosecution, but we will respond to media enquiries through our press office about a prosecution or other matters. However, we will only suspend where we believe there may be a risk of harm. It is an offence if they do so. 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. 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. It is also an offence to knowingly employ a disqualified person in connection with this provision. If you have any concerns around safeguarding or SEND then you may find that support is needed for the child and their family. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. Ofsted has the power to waive disqualification. This will set out the reasons for the refusal. Childminders, and any assistant who might be in sole charge of the children for any period, should hold a current paediatric first aid certificate. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. 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. 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. 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. We love hearing from you! See Disqualification and waivers section for further information. We will only consider this stage if the evidential test is met. Nursery Software 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. Will non statutory agencies in early years to all parents and carers of children on roll to inform them of our to... Be committing a criminal offence and we may prosecute to know more about your visit.. But in any event within 14 days of the Early Years Register or conditions registration. Use them to best support their practice and provision a provider decides to voluntarily cancel/resign their registration suspended! 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