[footnote 1]. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. 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. 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. The Ofsted caution is non-statutory and not recorded on the Police National Computer. However, we will not impose at this stage a condition that replicates a legal requirement. The enforcement action we take is set out in the legislation. We can do this when a provider is first registered or at any time afterwards. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 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. We serve an enforcement notice under section 33 of the Childcare Act 2006. An essential component of Health and Safety is Monitoring and Review, allowing us to accurately assess existing controls alongside risks to develop an effective plan of action. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. We would also expect providers to do the same with inspectors on visits/inspections. May 2000 - Dec 20099 years 8 months. All rooms and equipment used by children and young people should have regular checks to ensure . If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. 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. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. 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. 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). This means that childminders registered with the agency are still able to operate. It is an offence to provide childcare on non-approved premises. Unlike when Ofsted cancels the registration of a childminder agency, we will not automatically accept childminders that were registered with an agency if the agency gives notice for voluntary removal of their registration. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. We will work closely with the local authority and the police when there is a section 47 investigation. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. 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. 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. EYFS 2017 If providers have concerns about children's safety or welfare, they must notify agencies with statutory responsibilities without delay The setting's safeguarding policy and procedures must cover the use of mobile phones and cameras in the setting. We serve an NOI setting out the reasons for the action proposed. Neither party can apply for a review on the grounds that they do not agree with the decision. 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. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? 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. 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. 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. However, they need to understand the constraints that this can place on our actions. 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. an early years setting. We may consider these further if a provider reapplies for registration. If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. 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. press Ctrl + P on a Windows keyboard or Command + P on a Mac We will not be involved directly in these investigations. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. 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. The disqualification takes effect when an NOD is served. The legal definition of harm is set out in section 31 of the Children Act 1989. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. We can suspend registration for all of a providers settings or in relation to particular premises. 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. We may also seek to impose conditions in an emergency. This is because it may jeopardise other agencies investigations. 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. Where a registered person or body is convicted of an offence that we have prosecuted, we will consider any conviction in determining their ongoing suitability for registration. has there been a failure to comply with a formal notice imposed by Ofsted to address a risk of harm, such as a notice of restriction, suspension or emergency condition? Tribunal hearings take place around the country or remotely. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. 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. We make clear to parents and the public who look at the Ofsted reports website that there are concerns and/or that Ofsted does not consider this provider suitable to provide childcare. Legislation is valuable to setting societal standards and norms at all levels of government, including the local, state and national level. They must include a copy of the notice against which the appeal is brought, and an appeal application form. The provider commits an offence if they fail to carry out the WRN actions within the specified time. Suspension would apply to their non-domestic premises too. 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 applies to those registered on Part A of the General Childcare Register only. Development means physical, intellectual, emotional, social or behavioural development. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? During that time, childminders registered with the agency are still able to operate. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. We may also ask the applicant to attend an interview with us. The EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children's safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. This will include all settings within the registration. 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. 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). 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. If we only suspend the registration in relation to their non-domestic premises, they will still be able to continue to operate from their domestic premises. Marriage and civil partnership. However, if we have concerns about an applicant who withdraws their application, we will record our concerns and may consider them if the applicant applies to register in the future. 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. However, we will not impose at this stage a condition that replicates a legal requirement. 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.

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