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 will do this when the conditions set out in legislation are satisfied. All . Other offences do not need any steps before bringing a prosecution. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu. The waiver process and registration process are different processes. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. Understand legislation and guidelines for health and safety in Early Years Settings Assessment criteria: 1.1 Outline the legal requirements and guidance for: health and safety, security Health & Safety at Work Act 1974 (HASAWA) If the concern is about the nominated individual or another person who is part of the registered organisation providing the childcare, we communicate with someone else who represents that organisation, such as another director. have the suspects actions negatively impacted on a third party? We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. It will not be retained by the inspector personally. 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. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. It gives learners information on the statutory legislation that drives a range of policies and procedures in early years settings. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. We can suspend their registration for the non-domestic premises or both premises. The agency may object. These signs should be clearly visible and readable and, if not obvious, contain the details of the organisation . Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. 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. Get quality help now writer-marian Verified writer Proficient in: Health 4.8 (309) 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. If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. 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. To help us improve GOV.UK, wed like to know more about your visit today. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. Staff have registers which include all of your child's details. This is sometimes also referred to as voluntary cancellation or resignation. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. 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. This also applies to anyone connected with the application. 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 disqualification relates to a member of staff at a childminding or childcare setting, the registered person commits an offence if they continue to employ the disqualified person after our refusal. You have accepted additional cookies. We gather parents and carers details from the provider or childminder when we issue the suspension, and we will write to them to inform them if we suspend a childminder or childcare providers registration. Even if we uphold the providers objection to these other issues, we must still serve a notice of our decision to cancel the registration on the grounds that the registered person is disqualified, unless they provide evidence that the information we have about the disqualification is inaccurate and they are not disqualified. We would also expect providers to do the same with inspectors on visits/inspections. 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. 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. 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. - The child's requirements arising from race, culture, language and religion be taken into account. Days and hours during which later years childcare is to be provided. The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. If we receive any concerns about safeguarding or allegations of abuse, we will refer them to the relevant local authority childrens services and/or the police. 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. 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. We encourage applicants to give us as much information as possible, including details of their job description if they are applying for a specific role. 5. There are a number of offences linked to providing unregistered childcare. As the Queensland Early Childhood Regulatory Authority, the department regulates early childhood education and care services to reduce risk to children's safety, drive voluntary compliance and promote continuous improvement. This helps us to determine the waiver application. what was the role of the suspect in the offence (particularly where there are multiple suspects)? what was the suspects level of involvement? We can suspend a providers registration under section 69 of the Childcare Act 2006 and the The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. The provider commits an offence if they fail to carry out the WRN actions within the specified time. The NOD will include information about the right to appeal to the Tribunal. They will also update the published outcome summary to show whether the WRN actions have been met. The use of CCTV is not covered by the EYFS. We must write to the registered person and tell them that the law requires us to cancel their registration. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom later 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 order to: A registered provider may give notice to Ofsted for removal from the register under section 70 of the Childcare Act 2006. It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. 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). The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. 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. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. It will take only 2 minutes to fill in. Sexual orientation. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. 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. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. The Tribunal will consider whether cancellation remains appropriate at the point when the appeal is determined. Children are encouraged to maximise the benefits and opportunities However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. 2. Failure to notify us of these events, without reasonable excuse, is an offence. Development means physical, intellectual, emotional, social or behavioural development. This will set out the reasons for the refusal. 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. 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. This will report on any breaches or requirements that we find and any action taken. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. We will write to the provider to let them know we have done this. 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. However, they need to understand the constraints that this can place on our actions. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. Policies and procedures help and guide all staff working in the setting. 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. We will not publish an outcome summary when: We publish outcome summaries on the same page as the provider reports on our reports website. Health means physical or mental health. It is that the person may: Harm is not defined in the legislation. The person is therefore liable to be proceeded against and punished accordingly. 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. 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. It is an offence to knowingly do so. We serve an enforcement notice under section 33 of the Childcare Act 2006. It will also include observations and . If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends.