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The children's Act 1989. We may also take this into account when determining any new application 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. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. 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. Key indicators of effective management include: ensuring e-safety is seen as a priority by managers and that a consistent approach is being adopted across the whole organisation. Staff and parents will feel secure knowing that policies are regularly reviewed to ensure that they meet all the needs of those working in the setting, and take into account the possible changes that could have happened in the Early Years Sector and law. Legislations are important throughout any work environment and society as without them we are not protected from hazards and promoting safety in the workplace. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. 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. Professionals and regular visitors must have submitted their DBS number and the date validity must be checked. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. 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. We consider all of the information available to us, including whether the person is previously known to Ofsted. However, a provider may be able to guess their identity from the information provided. Ofsted is the Office for Standards in Education, Childrens Services and Skills. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. The same applies if the person lives or normally works on childcare premises. The setting displays the names of the designated fire officer and assistants. 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. We have working arrangements for childcare protocols between Ofsted and other organisations to ensure that working practices are consistent with the role and responsibilities of the appropriate organisations. If we have the power to waive that disqualification, we will follow our decision-making process. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. Older toddlers (2years to 3 years) Pre-school (3 years to 5 years) Staff should always monitor and maintain health and safety and encourage safe working. If the information suggests risk of harm, we may use our urgent enforcement powers. We may carry out checks on childminders so that we can establish whether they are disqualified. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. 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. 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 sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. It was designed to protect employees in the workplace and applies to settings with 5 or more employees. have the suspects actions negatively impacted on a third party? In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. When a registered childminder agency has failed to respond and/or we have lost confidence in their ability to make and sustain improvements to meet regulations, we may decide to cancel their registration. will 2 numbers win anything in powerball; caster semenya baby father; Ofsted will decide whether to discontinue a prosecution. 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. The quotation "all men are created equal" is part of the sentence in the U.S. 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. If appropriate, we encourage the person to apply for registration. We will also inform parents and carers when the suspension has been lifted. 6. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. We include information about the right to appeal against our decision to the First-tier Tribunal. 7. Early years providers must meet the requirements of the EYFS. Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. This can be announced or unannounced. It makes clear that to protect children in their care, providers must be alert to any safeguarding and child protection issues in the child's life at home or elsewhere (paragraph 3.4 EYFS). This happens if they live on premises where a disqualified person lives or works. In most circumstances where notice is given, we will remove the provider from the register. If such a registration covers more than one setting, cancellation will apply to all settings in that registration. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per section 35 and section 36 of the Childcare Act 2006. 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? We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. This will report on any breaches or requirements that we find and any action taken. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. Otherwise, the application will be refused. The applicant may make an objection to Ofsted. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. what was the suspects level of involvement? 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. If the inspector makes a visit or contacts the provider before some actions are due to be completed, they will review and record evidence about the progress the provider is making. If you work in Early Years it is important you comply with safeguarding measures and understand fully what safeguarding is, understand the different types of abuse and your role in terms of safeguarding. The setting has a room plan showing the designated fire exit routes and evacuation point. We will share as much information about the concern as possible so that the registered person has enough information to be able to address the concern. Safeguarding is the term used to describe the protection of children from any abuse, maltreatment or impairment. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. The applicant may make an objection to Ofsted. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. We will not be involved directly in these investigations. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. 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. Some regulatory cases will remain open until we know the outcome of any legal action. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. Legislation is valuable to setting societal standards and norms at all levels of government, including the local, state and national level. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. It is not unusual for parties who appeal to the First-tier Tribunal to represent themselves. We will not publish an outcome summary when: We publish outcome summaries on the same page as the provider reports on our reports website. It is important that media enquiries are directed to our press office. If we do not uphold the objection, we will set out the reasons in the outcome letter. We have one form per day of which we track each staff member who is in the room and child by signing them in when they arrive and out when they . Children's safety and Security in the nursery Links to Early Years Foundation Stage: Safeguarding and Welfare Requirements: Safety and suitability of premises, environment and equipment: Safety 3.53, 3.56-3.65 Policy statement We maintain the highest possible security of our nursery premises to ensure that each child is It is an offence to knowingly do so. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. The enforcement action we take is set out in the legislation. Age. The provider may object. The greater the suspects level of culpability, the more likely it is that a prosecution is required. Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. Policies and procedures help and guide all staff working in the setting. The Equality Act 2010 In these circumstances, the childminders that were registered with the agency will have to apply to register with Ofsted or another agency if they wish to continue. 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. We would also expect providers to do the same with inspectors on visits/inspections. Please see our guidance on how to object to an NOI. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk This helps us to determine the waiver application. is the offending likely to be continued, repeated or escalated? See Page 1. Serious Case Reviews (SCRs) continue to highlight failings in how and what information is recorded when there are concerns about a child, as well as how, when and with whom it's shared. In order to keep children safe, we may also have to share the information we have received with other organisations. 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. 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. Children are encouraged to maximise the benefits and opportunities Every early years settings must to keep a record of all accidents, incidents and emergence and any serious accidents, incidents and emergences must to be reported to Ofsted. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. CCTV is a popular way of assisting in the security of workplaces. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. We are likely to cancel registration where: 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. Irrespective of the nature of the concern, if we continue to receive multiple concerns (3 in a 2-year period) then we will always consider whether to bring forward an inspection or carry out regulatory activity. Health means physical or mental health. They apply to the early years providers and agencies that we regulate. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. Corporate Security Officer. 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. 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. 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 actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. Ofsted requires all settings to have a set of policies and procedures. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . These legislations provide the basis for shaping the policies and procedures in the early years setting which aims to provide a safe and healthy environment for the children to learn, develop and play. For example, some require a suspect to have had an opportunity to make representations. Staff have registers which include all of your child's details. 8. Questions relevant to harm to ask include the following: It is likely to be in the public interest to prosecute where a person commits an offence having previously been disqualified or served with an enforcement notice. We serve an enforcement notice under section 33 of the Childcare Act 2006. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. 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. We will notify the applicant in writing, usually by email, of our decision. Cruz has said that he is the son of "two mathematicians/computer programmers". When we decide to revoke a notice, we send the person confirmation of our decision in writing. This is in addition to the body corporate being guilty. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. Days and hours during which later years childcare is to be provided. It is an offence to provide childcare on non-approved premises. 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. In 1974, Cruz's father left the family and moved to Texas. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. We serve an NOI setting out the reasons for the action proposed. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. The act specifies duties that employers and employees must fulfil. We challenge decisions that we believe will not do this. This is to make parents and the public aware of any concerns and action taken at the childcare setting. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. This is sometimes also referred to as voluntary cancellation or resignation. Development means physical, intellectual, emotional, social or behavioural development. Early years setting are required by law to implement the above legislations and guidelines. When we receive concerns from parents or other members of the public, we always try to keep their identities private, if that is their wish. This is known as the 50% rule. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. We do not serve an NOD until at least 14 days from the service of the NOI. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. 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. Religion and belief. When a young person is unable to take decisions regarding confidentiality, either because of lack of maturity or because of the seriousness of a mental illness or learning disability, then the child's parents or those with parental rights and responsibilities will need to be informed and consulted as necessary to help them to make any decisions However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. An enforcement notice takes immediate effect from the date it is served. 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. . 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. The purpose of this policy is to ensure the safety of children and colleagues within the nursery, in the event of an emergency which may result in evacuation. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. Unit 310 - Support organisational requirements for recording, storing and disclosing information and providing reports in an early years setting 1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports Two essential parts of professional practice in early years are sharing information and maintaining records. Thank you for visiting Nursery World and making use of our archive of more than 35,000 expert features, subject guides, case studies and policy updates. 7919. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. For those on the Voluntary Childcare Register, we do this under section 66 of that Act.