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Allegations of serious harm or abuse by any person living, working or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere) and any relevant actions taken. We exercise these powers to reduce the risk of harm to children who use regulated early years services, to enforce compliance with the law and to improve the quality of services. 4. 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. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. CCTV is a popular way of assisting in the security of workplaces. The same applies if the person lives or normally works on childcare premises. The order will remain in place until the appeal is determined. Instructions may vary depending on which internet browser you use, such as Internet Explorer or Google Chrome, and the type of device you use, such as a phone or laptop. 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. If the annual fee is not paid, we will cancel the registration unless we are given notice that the agency wants to be removed from the register. in early years settings 6.4 Describe legislation, regulations and guidance that apply to infection prevention and control in early years settings 6.5 Explain the immunization programme for children and its role in infection control. The children's act 1989 is a British act of parliament that changed the law concerning children; the law introduced the idea of 'Parental responsibility' i.e. The provider may object. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. Well send you a link to a feedback form. staff and parents/carers being aware of e-safety issues. An inspector will also consider whether further enforcement action is appropriate. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. We will review their response and may visit or inspect again to check that they are meeting all the regulations. The protected characteristics listed in the Act are: 1. Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. However, if there is a sufficient lapse of time to suggest that a previous caution was a significant deterrent (2 years or more), or the subsequent offence is unrelated, we may consider a further caution. A warning letter sets out the offence that we reasonably believe is being committed. A court may only convict if it is sure that the defendant is guilty. Early years settings should ensure that parents are signposted to resources and support regarding online safety at home and they will be expected to show evidence of this. These events must be notified in advance where practicable, and otherwise as soon as reasonably practicable, but in any event within 14 days of when the event occurred. We must record this decision on our internal system. 6. 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. Early years providers must meet the requirements of the EYFS. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. We will only consider this stage if the evidential test is met. 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. In relation to escalating concerns, a notification from the provider is not the same as a concern that comes from another person about the provision. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. Unit 1: Legislation, Policy and Procedures for Working in Early Years Settings Level: 2 Unit type: Mandatory Credit value: 3 Guided learning hours: 25 Unit summary This knowledge unit is fundamental to practice. 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. We can only suspend registration if we are satisfied this test is met. We do not serve an NOD until at least 14 days from the service of the NOI. It also provides guidance on good practice. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. 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. Children are encouraged to maximise the benefits and opportunities 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. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. 2. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. We will only use clear, proportionate and reasonable conditions. A provider may be registered on both the Early Years Register and the Childcare Register. Information may not suggest a risk when viewed in isolation. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. Early years setting are required by law to implement the above legislations and guidelines. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. This section sets out our powers of enforcement for providers on the Childcare Register only. 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. 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. Where the question of whether harm suffered by a child is significant depends on the childs health or development, their health or development shall be compared with that which could reasonably be expected of a similar child. Applicants may not withdraw their application after that point unless we agree they can do this. If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. The evacuation will be carried out in a planned and precise fashion. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. Disability. 8. Dont include personal or financial information like your National Insurance number or credit card details. Safety rules. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. They apply to the early years providers and agencies that we regulate. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. Four guiding principles should shape practice in early years settings. In some circumstances, we can impose, vary or remove conditions of registration. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. 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 can also use more than one type of enforcement action at the same time. 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 assess all the information we receive against the details we already hold about the registered provider or setting to decide on the appropriate action to take. SAFEGUARDING CHILDREN IN THE EARLY YEARS 5 above that practitioners in early years settings have a particular role to play in ensuring that children are safeguarded from harm. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. We serve an NOI setting out the reasons for the action proposed. 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. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. We may also seek to impose conditions in an emergency. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 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. We may consider these further if a provider reapplies for registration. The Tribunal must consent to the withdrawal. They can only apply for a review if they believe there is an error of law in the decision. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. We will carefully consider the application and the circumstances of the disqualification. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. The NOD will include information about the right to appeal to the Tribunal. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. In this case, and when the providers inspection history does not give us cause for concern, we note the information so that it can inform the next visit or inspection. Why not register today and enjoy the following great benefits: Free access to 4 subscriber-only articles per month. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). It informs the person that if they are committing the offence, they should stop immediately. This will not result in disqualification. Ofsted requires all settings to have a set of policies and procedures. We may issue a warning letter where we have a reasonable belief that an offence is being committed. 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. We will review their response and may inspect again to check that they are meeting all the regulations. 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 possible, we send the NOD at the same time as the outcome letter. It was designed to protect employees in the workplace and applies to settings with 5 or more employees. It could save time, money and. We may receive concerns that do not suggest a risk to the safety or well-being of children. It gives learners information on the statutory legislation that drives a range of policies and procedures in early years settings. Ofsted may share information about registered providers and other individuals electronically with other agencies, such as the Department of Work and Pensions, His Majestys Revenue and Customs and the Student Loans Company. If we decide to lift the suspension, we will inform the registered person. 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. The legal definition of harm is as set out in section 31 of the Children Act 1989. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. If a provider is not meeting these requirements, but the inspector judges that the leadership has the capacity to remedy this quickly, we will set actions. 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. This will determine whether any safeguarding or enforcement action is required. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. 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. 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. This will set out the reasons for the refusal. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. 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. 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. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. 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. This would include telling us about a disqualification. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 ("the 2007 Order") and the Early Years Foundation Stage (Welfare. It will also include observations and . We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. In considering whether or not a person is disqualified, we also consider the provisions in the Rehabilitation of Offenders Act 1974 and The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which set out when convictions and cautions become spent. 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. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. Change to the name or registered number of the company or charity providing care. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? The latest Arizona headlines, breaking news, in-depth investigations, politics, and local community stories that matter to you. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. how serious was the harm (whether actual harm or potential harm)? The letter sets out the actions that a provider must take by a certain date to meet the requirements. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . This will usually be an inspection but may be other regulatory activity. The Tribunal will consider whether cancellation remains appropriate at the point when the appeal is determined. Health means physical or mental health. When we receive an application to register, Ofsted will consider whether the childminder agency meets, and is likely to continue to meet, the requirements of The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014. Staff have registers which include all of your child's details. It is also an offence for a disqualified person to be directly involved in the management of the provision. 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 is known as the 50% rule. See forms and other information for the First-tier Tribunal. The decision to prosecute and the way in which we pursue a prosecution will vary, depending on the offence and any actions that we must take first. Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. So, very early on in my journalism career, I . There must to be a staff member However, if these objections are not upheld, an NOD will be served against which a provider may appeal. The childminder agency remains registered until 28 days after we have served the NOD to cancel. At the time of his birth, Ted Cruz's parents had lived in Calgary for three years and were working in the oil business as owners of a seismic-data processing firm for oil drilling. This module will explore the changing features of different Early Years settings, working with other professional and the skills and the core skills of those workers. For those on the general Childcare Register, we impose, vary or remove conditions under section 58 of the Childcare Act 2006. When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . It is also an offence to knowingly employ a disqualified person in connection with this provision. 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. 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. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. Some enforcement steps can only be taken through the NOI and NOD process. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. The report or letter sets out the actions that a provider must take to meet the particular EYFS requirements, and the timeframe to do so. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). Marriage and civil partnership. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We will also review all information to see if it is appropriate to pass on to the provider to help them take the action they need to. In these instances, we also write to the provider giving them the information and asking them to take appropriate action. Death or illness of, or serious accident or injury to, an adult on the premises. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended.