A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. We would expect to receive a waiver application from the registered person within 14 days. However, a provider may be able to guess their identity from the information provided. 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). For Nurseries Apple This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. The law gives Ofsted a range of powers to regulate early years settings. If a person has previously received a caution, we would not normally consider issuing a further caution. The childminder agency remains registered until 28 days after we have served the NOD to cancel. Read More. 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. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. The protection of children is paramount to our approach to enforcement. 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. This includes any person who was not previously disqualified but is now disqualified under any new or amended regulations, or through any new offences or disqualifying events that happen after the registration is granted since the person was employed. A provider may be registered on both the Early Years Register and the Childcare Register. It is also an offence for a disqualified person to be directly involved in the management of the provision. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. In these cases, we would always discuss this with the complainant before doing so. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. The new non-statutory guidance document, Development Matters in the Early Years Foundation Stage (DfE 2012b), has been produced by Early Education for the DfE. Non statutory requirements Do you have a copy of, or online access to the Statutory Framework for Early Years Foundation Stage 2014 Have you completed your Ofsted Self Evaluation Form or any other method of Self Evaluation? Help & Knowledge Base 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. Here you can change your Privacy preferences. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. Our relevant regional team will decide on the next step. They are both non-statutory and schools and settings can decide how to use them to best support their practice and provision. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. Instant messaging There is no obligation on a provider to accept a caution. They must apply in writing no later than 1 month after the First-tier Tribunal made the decision to refuse permission to appeal. 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. 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. We will not impose a condition that conflicts with the legal requirements. 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. 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. However, when viewed in the context of other recent events and information, it may suggest greater concern. If we waive disqualification, a person may then apply for registration. For offences committed by bodies corporate, if the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager or similar (or anyone acting in these capacities), that person is also guilty of the offence. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. 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. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? has the suspects registration been cancelled previously or have they been refused registration with Ofsted, and what were the reasons for the cancellation or refusal; for example, did they relate to safeguarding concerns? The DBS has guidance about the referral process. The Department for Education published the final new EYFS version on 31 March 2021, and it is mandatory for all early years providers in England from 1 September 2021. The provider may object. We serve an NOI setting out the reasons for the action proposed. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). schools will be registered and inspected by ofsted. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. Cancellation will apply to all of the agencys registrations. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. This is sometimes also referred to as voluntary cancellation or resignation. Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was revised and published in September 2020 and is to be used until the new EYFS is finally implemented. In this case, the provider may make an objection to Ofsted. 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 may also take this into account when determining any new application for registration. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. Development means physical, intellectual, emotional, social or behavioural development. They do not need to tell us what action they took in response, but we will assess that action as part of the next visit or inspection. The use of CCTV is not covered by the EYFS. 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. 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. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. In this case, the person may make an objection to Ofsted. This will determine whether any safeguarding or enforcement action is required. This means that their existence and powers are not set out in legislation. 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. This framework will remain in force until further notice. TheEYFSrequires that at least one person who has a current paediatric first aid (PFA) certificate should be on the premises and available at all times when children are present and should accompany children on outings. The relevant criminal offences are listed in Annex B. We will review their response and may visit or inspect again to check that they are meeting all the regulations. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. Posted on . Dont include personal or financial information like your National Insurance number or credit card details. We will retain information about the concerns that led to suspension. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children are suffering or likely to suffer harm. If you fail to inform us you may commit an offence. 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. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we will not register them as suitable to operate a childminder agency. Paediatric first aid training must be renewed every 3 years and should be relevant for workers caring for young children and where relevant, babies. Applicants may not withdraw their application after that point unless we agree they can do this. Therefore, although the history of the registration will remain relevant, the Tribunal can also take account of evidence that has come to light since the decision to cancel was made, including evidence gathered at monitoring visits. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. We do this to allow the registered provider to take action before we do. Change to the registered person, nominated individual or manager. This will be based on the evidential test and public interest factors set out above. When deciding whether there is sufficient evidence to prosecute, we may consider: In every case in which there is sufficient evidence to justify a prosecution, we will go on to consider whether a prosecution is required in the public interest. 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. Please see our guidance on how to object to an NOI. We will write to the applicant to let them know we have done this. 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. These are: If you are registered on both the Early Years Register and the Childcare Register, you should refer to the Early Years Register enforcement actions section in the first instance. 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