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. How Health and Safety is Monitored and Reviewed We will only use clear, proportionate and reasonable conditions. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. 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. 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. 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. We will do this by asking ourselves the questions at b) and c). act immediately on any information that suggests that the welfare of children is not safeguarded or that they are at risk of harm or being harmed. Safeguarding is the term used to describe the protection of children from any abuse, maltreatment or impairment. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. 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. 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. Development means physical, intellectual, emotional, social or behavioural development. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. 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 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. Working Together to Safeguard Children (2018) - sets out role, responsibilities and best practices for agencies and organisations that come into contact with children including early years settings, social services, care providers and police. Economic Sanctions and Anti-Money Laundering Developments: 2022 Year in This includes cancellation when we have been unable to establish contact with a provider and can no longer be satisfied that they are meeting the registration requirements. Policies and procedures should outline . Early Years practitioners: using cyber security to protect your settings However, if these objections are not upheld, an NOD will be served against which an agency may appeal. You have accepted additional cookies. We will not be involved directly in these investigations. We will notify the applicant in writing, usually by email, of our decision. security legislation in early years settingscopper infused socks side effects. If we have concerns about an applicant who withdraws their application before an NOI to refuse is served, we will record our concerns and may consider them further if the applicant applies to register in the future. The protection of children is paramount to our approach to enforcement. what was the suspects level of involvement? We challenge decisions that we believe will not do this. Cyber security guidance for early years - Foundation Years We will write to the applicant to let them know we have done this. Ofsted requires all settings to have a set of policies and procedures. However, if a provider does not agree to this, the inspector will highlight Ofsteds legal power under section 77(d) of the Childcare Act 2006 to take measurements and photographs or make recordings. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. 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. 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. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. We will also carry out our own assessment of whether the provider meets the requirements for continued registration and decide on the appropriate action to take. 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. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. We have the power to impose conditions at the point of registration. Days and hours during which later years childcare is to be provided. 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. The party that requested the withdrawal can apply to have its case reinstated. They can then provide additional information. Regulatory requirements for environments in early years settings 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. The DBS is responsible for deciding whether to include a person on a barred list. Any setting should have clear policies and procedures about all aspects of health and safety. This can be announced or unannounced. We will consider taking action against them where the investigation reveals that the offence was committed with their consent or connivance or was attributable to their neglect, and where it would be appropriate to do so in accordance with this policy. We can only consider extending a suspension beyond 12 weeks if one or both of the following apply: 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. Well send you a link to a feedback form. The protected characteristics listed in the Act are: 1. Legislation | early years alliance 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 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. We will not impose, at this stage, a condition that replicates a legal requirement. We may also notify and/or share information with other relevant agencies that we have served a warning letter. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. to what extent was the offending premeditated and/or planned? If a registered person or other staff member employed at the setting refuses to cooperate, the inspector will explain our powers under the Childcare Act 2006 to enter the premises. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. Policies and legislation affecting Early Years Practitioners - UKEssays If we proceed to serve an NOD refusing registration, it means a person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. We will review the response. 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. This is sometimes also referred to as voluntary cancellation or resignation. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. We will not impose a condition that conflicts with the legal requirements, including the EYFS. 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. They do not need to tell us what action they took in response, but we will assess that action as part of the next visit or inspection. 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. The requirements are that the registered person does not give corporal punishment, and ensures that no person who cares for the child, or who lives or works on the premises, gives corporal punishment to the child (Regulation 9). Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. PDF Maintaining Children's Safety and Security on Premises Professionals and regular visitors must have submitted their DBS number and the date validity must be checked. Operated . Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. These are: every child is a unique child, who is constantly learning and can be . Cancellation will apply to all of the agencys registrations. Under the 50% rule, we cannot suspend providers from operating only on domestic premises. It is for providers to decide whether these arrangements are appropriate and operated in line with the GDPR, the Data Protection Act 2018 and the Human Rights Act 1998. We can suspend registration for all a providers settings or for particular premises. This is in addition to the body corporate being guilty. 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 person can appeal to the Tribunal. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. This will be based on the evidential test and public interest factors set out above. Why do early years settings need to consider this? 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. Where possible, we send the NOD at the same time as the outcome letter. The order will remain in place until the appeal is determined. We will only consider this stage if the evidential test is met. Policy and procedure guidelines - Early Childhood Education and Care In 2015, the U.K. government passed the Prevent duty as a legal requirement for all registered early years providers and schools throughout Great Britain. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. Details of any order, determination, conviction or other ground for disqualification from registration that affects either: Details of any criminal convictions and cautions of the nominated individual or anyone applying to register to provide later years provision. 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). It does not give us any discretion not to do so. If we take action to suspend or cancel the registration of a childminder or childcare provider, we tell the local authority where the provider is located. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Parenting, childcare and children's services, Performance and inspection of childcare providers, Early years and childcare: Ofsted's enforcement policy, Our enforcement actions: Early Years Register, Our enforcement actions: Childcare Register, Our enforcement actions: childminder agencies, Unregistered childcare providers and provision on unapproved premises, nationalarchives.gov.uk/doc/open-government-licence/version/3, Early Years Register enforcement actions section, Childcare Act 2006 and its associated regulations, The Childcare (Early Years Register) Regulations 2008, Statutory framework for the early years foundation stage (, The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, The Childcare (General Childcare Register) Regulations 2008, The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014, The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014, Childcare (Early Years Register) Regulations 2008, apply to Ofsted for approval before operating a nursery or other daycare from additional premises, Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008, appeal to the First-tier Tribunal against each period of suspension, registration requirements of The Childcare (General Childcare Register) Regulations 2008, appeal to the Tribunal against each period of suspension, providers registered as childminder agencies, registration guidance for childminder agencies, Regulation of Investigatory Powers Act (RIPA) 2000, section 45 of The Safeguarding Vulnerable Groups Act 2006, section 45(3) of the Safeguarding Vulnerable Groups Act 2006, Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, notify Ofsted of certain significant events, section 26(1) of the Criminal Justice and Courts Services Act 2000, forms and other information for the First-tier Tribunal, Police and Criminal Evidence Act 1984 (PACE Act), guidance on reporting accidents and injuries, Tell Ofsted about adults leaving the home, Report changes to registered people in your nursery or other daycare.