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 will only use clear, proportionate and reasonable conditions. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. 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. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. The initial period of suspension is 6 weeks. In this case, the agency may make an objection to Ofsted and appeal to the First-tier Tribunal once the NOD has been served, either after the NOI has been served or after an unsuccessful appeal. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. We will not impose, at this stage, a condition that replicates a legal requirement. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. These specific requirements include statutory guidance; this guidance provider exactly what is required of them in the early years setting. 2083 Words 9 Pages Good Essays It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Inform and keep staff up-to-date with health and safety guidelines for early childhood centres, such as: Implementing a no running policy indoors. Where a person who is not listed on the registration form tries to collect a child, they . 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. The purpose of this legislation is to provide guidelines to safeguard young children, deterring them from being drawn into terrorism. It does not give us any discretion not to do so. 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 work closely with the local authority and the police when there is a section 47 investigation. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. 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. They apply to the early years providers and agencies that we regulate. We will retain information about the concerns that led to suspension. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. This is sometimes also referred to as voluntary cancellation or resignation. 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. staff and parents/carers being aware of e-safety issues. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. This will include all settings within the registration. The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . Gender reassignment. This will report on any breaches or requirements that we find and any action taken. 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). This would include telling us about a disqualification. In these instances, we also write to the provider giving them the information and asking them to take appropriate action. is the offending likely to be continued, repeated or escalated? We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. 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. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. Therefore, we will check that the whole premises are suitable. The protection of children is paramount to our approach to enforcement. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. has the suspect displayed genuine remorse and shown insight into the offending? 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. This is to make parents and the public aware of any concerns and action taken at the childcare setting. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. 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. The Tribunal must consent to the withdrawal. The learning and development requirements are given legal force by an Order 2 made under section 39(1)(a) of the Childcare Act 2006 . 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. 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. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. Although enforcement action such as suspension or cancellation does not necessarily stop the provision of childcare for which registration is not required, it will impact on the providers registration. We may respond to concerns in one of the following ways: We inform the registered provider (or its nominated individual) that we are looking at a concern and of any information we have that suggests non-compliance. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Ensure that all policies and procedures are easily accessible for reference. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 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. Suspension would apply to their non-domestic premises too. This is known as the 50% rule. 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. It is also an offence for a disqualified person to be directly involved in the management of the provision. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. We can suspend registration for all of a providers settings or in relation to particular premises. Legislators also dug in on their . Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. This will not result in disqualification. We consider all of the information available to us, including whether the person is previously known to Ofsted. Well send you a link to a feedback form. 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. Dont include personal or financial information like your National Insurance number or credit card details. These are: every child is a unique child, who is constantly learning and can be . It is an offence to fail, without reasonable excuse, to comply with a condition of registration. 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. It is that the person may: Harm is not defined in the legislation. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children may be suffering or likely to suffer harm. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. 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. Change of member of the partnership, committee or corporate or unincorporated body. 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. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. In these cases, we would always discuss this with the complainant before doing so. Pregnancy and maternity. If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. Marriage and civil partnership. It will also include observations and . 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. Applicants for the compulsory part of the Childcare Register may withdraw their application at any stage up to the point when an NOI to refuse registration has been served.
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