For expedited appeals, the Tribunal will give notice as soon as the hearing is set. 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. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements under the Childcare (Early Years Register) Regulations 2008. When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. 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 should not be confused with a caution or a conditional caution from the police. The Ofsted caution is non-statutory and not recorded on the Police National Computer. Our view that there is a realistic prospect of conviction must be based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or that they might rely on. Section 69B of the Childcare Act 2006 sets out grounds for cancellation as follows: We are likely to cancel registration where one or both of the following apply: The above list is not conclusive, however, and we may proceed to cancellation in other circumstances where grounds to cancel exist, and it is reasonable and proportionate to do so. 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. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. We gather parents and carers details from the provider or childminder when we issue the suspension, and we will write to them to inform them if we suspend a childminder or childcare providers registration. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. Under the Education (Non-Maintained Special Schools) (England) Regulations 2011. . A failure to meet this requirement may lead us to consider taking enforcement action. 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. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. and training materials. We will not publish an outcome summary when: We publish outcome summaries on the same page as the provider reports on our reports website. 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. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? Here you can change your Privacy preferences. We do this to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as our notices of suspension can contain personal or sensitive information. 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. 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. Early Years Observations It may also be helpful to refer toHSEs guidance about choosing a first aid training provider. The DBS has guidance about the referral process. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. The registered person can appeal to the Tribunal against each period of suspension. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. . It is an offence if they do so. We serve an NOI setting out the reasons for the action proposed. Many professionals from a variety of backgrounds may become involved in a child's life at any point. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. 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. what was the period, or extent, of the offending? If we refuse registration, the person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. The law also disqualifies some people from registering as an early or later years childminder agency (section 76A and section 76B of the Childcare Act 2006). However, we may share the information relating to the caution with other agencies in appropriate circumstances. They often have a private function, such as providing social care or education. It is worth noting that blocking some types of cookies may impact your experience on our website and the services we are able to offer. 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. The Department's Inclusion and Early Intervention (IEI) section also works in partnership with parents, schools and . Staff Profiles 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. Statutory body or authority means a non-constitutional body which is set up by a parliament. We may carry out checks on childminders so that we can establish whether they are disqualified. 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. has the suspect misled anyone as to their registration status? 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. During that time, childminders registered with the agency are still able to operate. 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. If the evidence meets the test for prosecution, we may also instigate a prosecution. The use of CCTV is not covered by the EYFS. Statutory Public Services Police - household security advice, post coding bicycles, liaison for neighborhood watch, school visits Learning Journeys If the agency informs us that they do not intend to appeal to the Tribunal, the decision takes effect at that point and the agency is no longer registered and the childminders registered with the agency are no longer able to operate. If we become aware that the registered person has not taken this step, we will: The law disqualifies some people from registering as a childminder or childcare provider. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. 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. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. The letter sets out the actions that a provider must take by a certain date to meet the requirements. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. It is that the person may: Harm is not defined in the legislation. Culpability is likely to be determined by answering questions such as: The greater the harm caused by the offence, or the risk of harm created by the offence, the more likely it is that a prosecution is required. We consider information about unregistered services and provision on unapproved premises and take appropriate action. We challenge decisions that we believe will not do this. It is also an offence to knowingly employ a disqualified person in connection with this provision. 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 Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. Change to the name or registered number of the company or charity providing care. 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. 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). The sudden serious illness of any child for whom later years provision is provided. See Disqualification and waivers section for further information. We may receive a concern about a registered provider on the Childcare Register. It informs the person that if they are committing the offence, they should stop immediately. The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. 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. Click to enable/disable Google Analytics tracking code. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. Cancellation will apply to all of the agencys registrations. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. It is an offence to knowingly do so. This means that the Tribunal may take account of evidence that has come to light since the original decision was made. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. 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 provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. has actual harm been caused or was there a risk of harm being caused? See our directed surveillance policy for more information. 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? This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. 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