The relevant criminal offences are listed in Annex B. The order will remain in place until the appeal is determined. 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. In these cases, we would always discuss this with the complainant before doing so. This includes changes to the identity of the nominated individual, changes to the identity of those who make up the registering body and any changes to the statement of purpose. Development means physical, intellectual, emotional, social or behavioural development. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. 1.4: explain how health and safety is monitored and maintained in an early years setting The health and safety of the children in my setting is monitored through what we call tracking forms. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. If the information-giver gives us their name and contact details, but wishes to remain anonymous from the provider, we will respect their wishes if we can, but we cannot guarantee that their identity will not be deduced by the provider. The more serious the offence, the more likely it is that a prosecution is required. 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. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. This will set out the reasons for the refusal. Some regulatory cases will remain open until we know the outcome of any legal action. We will do this only after considering factors such as the seriousness of the non-compliance, the impact on children, the history of the registered persons compliance, and other actions available to us. These are: Early Years. The use of CCTV is not covered by the EYFS. Unlimited access to news and opinion. 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. Legislators also dug in on their . Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? We take into account: We may ask the applicant for more information or to get a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate, as appropriate, from the DBS. Legislation at all levels can serve several purposes. 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. However, we will not consider the convictions and cautions to be spent in relation to the suitability of a person if they are directly providing, involved in the management of, or employed in connection with childcare. We will only consider this stage if the evidential test is met. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. 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. Providers may choose to use webcams and closed-circuit television (CCTV) to allow parents to see children and to allow managers to monitor staff and children. Other offences do not need any steps before bringing a prosecution. If we intend to refuse an applicants registration for additional or different premises, we will serve an NOI setting out the reasons for the refusal. If a childminder agency is not meeting the requirements of the relevant regulations, but the inspector judges that leadership has the capacity to remedy this quickly, we will set actions. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. We will monitor a providers compliance with the suspension, usually by carrying out an unannounced visit to the suspended premises at least once within each 6-week period of suspension. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. For registered providers, decisions do not come into effect until either: For applicants for registration, the decision to refuse registration takes effect on service of the NOD. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 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. If we waive disqualification, a person may then apply for registration. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. I was setting out to critique the civil liberties assaults being waged under the banner of the War on Terror, and I was approaching it mostly as a constitutional lawyer. an early years setting. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. 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. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. 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. The provider may object. When we are notified of an event, we may ask the provider notifying us to provide us with more information about what it has done in relation to the event. 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. You have accepted additional cookies. 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. We may issue a caution against any person, whether registered with us or not, who commits an offence for which we are the prosecuting authority. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. 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. This guidance from the NCSC has been produced to help practitioners working in Early Years settings to protect the data and devices you probably use every day. 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. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. Health and Safety management systems work . Sex. This section sets out our powers of enforcement for providers on the Early Years Register. If we have concerns about the childminder agency, we will keep the information on record as we may wish to consider this should they seek future registration with Ofsted. Safety rules. 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? Corporate Security Officer. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). During that time, childminders registered with the agency are still able to operate. Applicants may not withdraw their application after that point unless we agree that they can do this. Suspension would apply to their non-domestic premises too. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. It may also be possible to request a paper hearing of the appeal. 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. However, there are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. It could save time, money and. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. Find out more about what we do. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. This qualification meets the needs of candidates who work or want to work in a wide range of early years set tings covering the age range 0-5 years for example in the roles of: In these instances, we also write to the provider giving them the information and asking them to take appropriate action. If we are satisfied that a provider has met the actions, we will confirm this by responding to the email and updating the published outcome summary. The law gives Ofsted a range of powers to deal with: This policy sets out the principles and approach we will follow when exercising our enforcement powers. We will do this by asking ourselves the questions at b) and c). This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. Policies and procedures help and guide all staff working in the setting. 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. For providers registered on the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. These people must be over the age of 16 years. 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. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? The applicant may make an objection to Ofsted. Days and hours during which later years childcare is to be provided. The Tribunal must consent to the withdrawal. For these providers, in most cases, we will carry out a compliance inspection to make sure that the provider continues to meet requirements and remains suitable for registration. what was the role of the suspect in the offence (particularly where there are multiple suspects)? Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. Development means physical, intellectual, emotional, social or behavioural development. We must make clear that, to do this, we may carry out our own enquiries to determine that the registered setting continues to be fit to provide a service. Health means physical or mental health. Health means physical or mental health. 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. We will write to the applicant to let them know we have done this. Why do early years settings need to consider this? A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. If the First-tier Tribunal decides not to review the decision, or reviews it and decides to take no action, the party can apply for permission to appeal. These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. This is because it may jeopardise other agencies investigations. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. This section sets out our powers of enforcement for providers on the Childcare Register only. The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. 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). Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. An Ofsted caution is not disclosable as a part of any DBS check. 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 DBS has guidance about the referral process. Development means physical, intellectual, emotional, social or behavioural development. We may issue a warning letter where we have a reasonable belief that an offence is being committed. Marriage and civil partnership. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. In all instances, if a registered person operates more than one setting, cancellation will apply to all their settings. Ofsted will decide whether to discontinue a prosecution. 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 guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . We may also seek to impose conditions in an emergency. Applicants may not withdraw their application after that point unless we agree they can do this. We may impose, vary or remove conditions of registration on an agencys registration under section 51c and section 61d of the Childcare Act 2006. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. When we close a case, we must consider the information from others investigations in determining when to schedule our next inspection or whether we should carry out any further regulatory activity. This may result in Ofsted initiating and completing its enquiries before the child protection investigation is completed, ask that we receive minutes from future meetings (if we intend to take no further action) to enable us to reassess whether there is further information that needs us to become involved again, noting low-level concerns to consider at the next visit or inspection, carrying out an inspection without notice, carrying out regulatory activity by telephone or video call, carrying out a regulatory visit, with or without notice, inspect, and take copies (either by photocopying or taking a photo with an Ofsted mobile telephone or tablet computer) of any records kept by the person providing the childcare and any other documents containing information relating to that provision, seize and remove any document or other material that the inspector has reasonable grounds to believe may be evidence of a failure to comply with any relevant condition or requirement (however, we would usually take photos as explained above), observe any children being cared for there, and the arrangements made for their welfare, interview in private the childcare provider, interview in private any person caring for children or living or working on the premises who consents to be interviewed, is complying with the relevant legislation, is meeting statutory requirements and remains suitable for registration, has committed an offence under the Childcare Act 2006 or associated regulations, we carry out any type of inspection, because the inspection report will set out any breaches of requirements that we find and any action taken, we suspend a providers registration, because we use other ways to let parents and carers know about the suspension. The early years setting are bound by safeguarding legislation, so it is important that the EYP understand and implement safeguarding policies and procedures If there is any concern with regards to a child's well-being, safeguarding or any behavioural issues, the early years practitioners will be responsible for taking the necessary action. Located on Annerley Road in Dutton Park, an inner southern suburb of Brisbane, it is the only surviving intact gaol in Queensland that reflects penological principles of the . They will also update the published outcome summary to show whether the WRN actions have been met. It informs the person that if they are committing the offence, they should stop immediately. A court may only convict if it is sure that the defendant is guilty. Using these guidelines will help you develop effective and service-specific policies and procedures and ensure the safety, health and wellbeing of children. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. There are 4 aspects to Ofsteds regulation of childminder agencies. Early years setting are required by law to implement the above legislations and guidelines. This is sometimes also referred to as voluntary cancellation or resignation. Emergency orders take effect immediately and apply to all settings under a single registration. 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. This section applies to providers registered as childminder agencies. We would expect to receive a waiver application from the registered person within 14 days. 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. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. While 3 or more notifications from a provider may indicate that there are serious weaknesses within the setting, they could also indicate that the provider is dealing proactively with issues that arise and complying with their legal responsibility to notify us appropriately. Confidential information must not be shared outside of the setting E. G family or friends. Information in this section can be used by families, carers, providers and services. So, very early on in my journalism career, I . Cancellation will apply to all of the agencys registrations. 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. 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 invited, we attend strategy discussions when the investigation concerns a: Ofsted does not hold a statutory responsibility for child protection matters, but we work together with other statutory agencies by sharing information we hold to protect the welfare of children and young people. The National Cyber Security Centre (NCSC) has published its bespoke guidance for early years education and childcare settings, offering practitioners top tips on how to protect their devices and data from cyber incidents. Under The Data Protection Act 1998, if you use CCTV on your premises you have a legal requirement to provide adequate signage stating that it is in operation. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. have the suspects actions negatively impacted on a third party? The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow.