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An Ofsted caution is not disclosable as a part of any DBS check. We serve an enforcement notice under section 33 of the Childcare Act 2006. Section 69B of the Childcare Act 2006 sets out grounds for cancellation as follows: We are likely to cancel registration where one or both of the following apply: The above list is not conclusive, however, and we may proceed to cancellation in other circumstances where grounds to cancel exist, and it is reasonable and proportionate to do so. 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. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. 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. Why not register today and enjoy the following great benefits: Free access to 4 subscriber-only articles per month. We will not impose a condition that conflicts with the legal requirements, including the EYFS. 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. See Disqualification and waivers section for further information. 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. 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. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). The list is not exhaustive, but some of the factors we may take into account are as follows. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. These are: Early Years. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. to what extent was the offending premeditated and/or planned? This is in addition to the body corporate being guilty. Using these guidelines will help you develop effective and service-specific policies and procedures and ensure the safety, health and wellbeing of children. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. This is known as the 50% rule. We can suspend registration for all a providers settings or for particular premises. 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. Therefore, although the history of the registration will remain relevant, the Tribunal can also take account of evidence that has come to light since the decision to cancel was made, including evidence gathered at monitoring visits. The legal definition of harm is as set out in section 31 of the Children Act 1989. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. 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. When a registered provider 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. They apply to the early years providers and agencies that we regulate. The quotation "all men are created equal" is part of the sentence in the U.S. This is sometimes also referred to as voluntary cancellation or resignation. The purpose of this legislation is to provide guidelines to safeguard young children, deterring them from being drawn into terrorism. If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply for registration. 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. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. This will depend on the nature and seriousness of the offence. We can use our power to refer where we think a person has either: The harm test is set out in section 45(3) of the Safeguarding Vulnerable Groups Act 2006. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . We serve an NOI setting out the reasons for the action proposed. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. has actual harm been caused or was there a risk of harm being caused? Older toddlers (2years to 3 years) Pre-school (3 years to 5 years) Staff should always monitor and maintain health and safety and encourage safe working. 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. There is no obligation on a provider to accept a caution. You have accepted additional cookies. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. We may receive a concern about a registered provider on the Childcare Register. We can suspend registration for all of a providers settings or in relation to particular premises. Change of name or address of the committee, partnership, unincorporated body or agency. For example, some require a suspect to have had an opportunity to make representations. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. See further guidance on the provisions for rehabilitation of offenders. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. how serious was the harm (whether actual harm or potential harm)? For those on the Voluntary Childcare Register, we do this under section 66 of that Act. The act specifies duties that employers and employees must fulfil. 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. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. In some circumstances, we can impose, vary or remove conditions of registration. If you fail to inform us you may commit an offence. The DBS can decide whether to include the individual on its lists of people who are barred from working with children and/or vulnerable adults (known as barred lists). The letter sets out the actions that a provider must take by a certain date to meet the requirements. 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. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. The Ofsted caution is non-statutory and not recorded on the Police National Computer. Unit 310 - Support organisational requirements for recording, storing and disclosing information and providing reports in an early years setting 1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports Two essential parts of professional practice in early years are sharing information and maintaining records. See Page 1. It will also support your continuous professional development in line with the Early Years Teachers Standards. 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. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Although Ofsted will participate in all relevant discussion about the suitability of the registered provider, we are not the decision-maker and do not take part in the decision-making process. We also use cookies set by other sites to help us deliver content from their services. 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. Some enforcement steps can only be taken through the NOI and NOD process. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. At this point, the decision takes effect, unless the provider has appealed to the First-tier Tribunal, in which case the provider remains registered until the appeal is determined. It does not give us any discretion not to do so. Where possible, we send the NOD at the same time as the outcome letter. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. It will take only 2 minutes to fill in. 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. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 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. The law requires providers registered on both the Early Years Register and Childcare Register to display a notice of suspension if we suspend their registration on the Childcare Register, regardless of whether we also suspend their registration on the Early Years Register. In February of 2019, 43 Mexican migrant workers who were survivors of labour trafficking were freed when the Ontario Provincial Police and the Canada Border Services Agency conducted a raid in Barrie and Wasaga Beach. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. We will consider raising an action when both of the following apply: If actions are set at inspection, they will be listed in the inspection report and followed up at the next inspection. Early years providers must meet the requirements of the EYFS. Limiting the decision to waive disqualification in this way means that the individual has to reapply if their circumstances change or the risk to children changes. This does not automatically mean we will grant registration. 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. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. Thank you for visiting Nursery World and making use of our archive of more than 35,000 expert features, subject guides, case studies and policy updates. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. 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. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Boggo Road Gaol in Brisbane, Australia, was Queensland's main jail from the 1880s to the 1980s, by which time it had become notorious for poor conditions and rioting. Development means physical, intellectual, emotional, social or behavioural development. 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. The initial period of suspension is 6 weeks. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. We may also seek to impose conditions in an emergency. However, we will only suspend where we believe there may be a risk of harm. An enforcement notice takes immediate effect from the date it is served. We may monitor compliance with the notice. Instructions may vary depending on which internet browser you use, such as Internet Explorer or Google Chrome, and the type of device you use, such as a phone or laptop. The evidential test is a different test from the one that the criminal courts must apply. We will not impose, at this stage, a condition that replicates a legal requirement. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. Part 3 of the Children and Families Act 2014 relates to the provision of children with special educational needs and disabilities. If a person has previously received a caution, we would not normally consider issuing a further caution. Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. 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. Declaration of Independence - penned by Thomas Jefferson in 1776 during the beginning of the American Revolution - that reads "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the . We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. 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. 9. When deciding whether there is sufficient evidence to prosecute, we may consider: In every case in which there is sufficient evidence to justify a prosecution, we will go on to consider whether a prosecution is required in the public interest. We will write to the applicant to let them know we have done this. We can also use more than one type of enforcement action at the same time. We may also notify and/or share information with other relevant agencies that we have served a warning letter. In all instances, if a registered person operates more than one setting, cancellation will apply to all their settings. 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. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. If we have concerns about the provider, we will keep the information on record because we may wish to consider this should the provider seek future registration with Ofsted. Research has found that raising the retirement age to 70 would cut monthly Social Security payments for early retirees by about 15 percent. When a young person is unable to take decisions regarding confidentiality, either because of lack of maturity or because of the seriousness of a mental illness or learning disability, then the child's parents or those with parental rights and responsibilities will need to be informed and consulted as necessary to help them to make any decisions For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. The registered person can appeal to the First-tier Tribunal against each period of suspension. For offences committed by bodies corporate, if the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager or similar (or anyone acting in these capacities), that person is also guilty of the offence. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. 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. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . This document is to help managers of early years settings (including wrap around care for the early years age group) ensure their online safeguarding practice is in line with statutory. The NOD will include information about the right to appeal to the Tribunal. It could save time, money and. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. 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 must write to the registered person and tell them that the law requires us to cancel their registration. We will do this when the conditions set out in legislation are satisfied. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. The greater the suspects level of culpability, the more likely it is that a prosecution is required. Health means physical or mental health. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. If a provider refuses a caution, we will usually proceed to prosecution. We may consider these further if a provider reapplies for registration. Failure to notify us of these events, without reasonable excuse, is an offence. 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. 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. 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. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. 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. There are a number of offences linked to providing unregistered childcare. The law gives Ofsted a range of powers to regulate early years settings. The DBS has guidance about the referral process. It is an offence to knowingly do so. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. Tribunal hearings take place around the country or remotely. 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. 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. In this case, the person may make an objection to Ofsted. For those registered on the Early Years Register and the Childcare Register, the law requires us to cancel the registration of a registered person who becomes disqualified. We will send an NOI to cancel at the same time. Dont worry we wont send you spam or share your email address with anyone. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. We will work closely with the local authority and the police when there is a section 47 investigation. Our relevant regional team will decide on the next step. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. If we have the power to waive that disqualification, we will follow our decision-making process. Warning letters are non-statutory actions. Policy and procedure guidelines. In some cases, we will have taken other enforcement action before taking steps to cancel. 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. Under the same Act, providers have a legal duty to refer to the DBS when the conditions are met, and it is an offence to fail to provide relevant information to the DBS without a reasonable excuse. An enforcement notice is a legal letter that we send to a person telling them that they cannot provide childminding without being registered with us. The police or local authority have to decide how much information they are willing to place in the public domain, without it having a negative impact on their investigation. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. 8. It makes clear that to protect children in their care, providers must be alert to any safeguarding and child protection issues in the child's life at home or elsewhere (paragraph 3.4 EYFS). However, we will not impose at this stage a condition that replicates a legal requirement. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. We may specify the extent to which we agree to waive a disqualification. To help us improve GOV.UK, wed like to know more about your visit today. 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. 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. This applies to those registered on Part A of the General Childcare Register only. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. Legislation at all levels can serve several purposes. ensures that they meet the requirements so that childrens safety and welfare are maintained. We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. We can suspend their registration for the non-domestic premises or both premises. Development means physical, intellectual, emotional, social or behavioural development. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. Professionals and regular visitors must have submitted their DBS number and the date validity must be checked. Security Policy Purpose of Policy . Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. Once registration has been granted, if we are concerned that a requirement is not being met, we may use a condition as a means of enforcing that requirement. 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 concern does not prompt an immediate inspection, we may refer it back to the provider to take action and will check what they have done at their next Childcare Register inspection.