Employers should inform parents or carers of any accident or injury sustained by the child on the same day, or as soon as reasonably practicable, of any first aid treatment given. 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. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. All investigations of criminal offences should be carried out having regard to any relevant principles contained in the Police and Criminal Evidence Act 1984 (PACE Act) and codes of practice. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. 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. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. When considering cases in which there have been 3 or more notifications from the provider, the risk assessment team will consider the information received and the providers history in deciding whether the matter should be escalated for further action. 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. The registered person can appeal to the Tribunal against each period of suspension. has the suspect misled anyone as to their registration status? 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 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. There are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a provider whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. 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 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. Non-Statutory Guidance Documents There's a variety of non-statutory guidance documents available to all practitioners to help them implement the EYFS. It is a fundamental principle of administrative law that a public body may only do what it is empowered or required to do by statute, whether expressly or by necessary implication, and must also act in accordance with its statutory functions and duties. See Disqualification and waivers section for further information. It informs the person that if they are committing the offence, they should stop immediately. how did the offending come to an end? Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was revised and published in September 2020 and is to be used until the new EYFS is finally implemented. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. What is meant by statutory agencies? We do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. 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. TheEYFSrequires that at least one person who has a current paediatric first aid (PFA) certificate should be on the premises and available at all times when children are present and should accompany children on outings. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). 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. Paediatric first aid training must be renewed every 3 years and should be relevant for workers caring for young children and where relevant, babies. It is that the person may: Harm is not defined in the legislation. 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 does not apply to a person who is registered only on the voluntary part of the Childcare Register. 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. , By continuing to use the site, you agree to the use of cookies. We will not impose a condition that conflicts with the legal requirements. If the annual fee is not paid, we will cancel the registration unless we are given notice that the agency wants to be removed from the register. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. In this case, the person may make an objection to Ofsted. We include information about the right to appeal against our decision to the First-tier Tribunal. 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. If a provider is not meeting these requirements, but the inspector judges that the leadership has the capacity to remedy this quickly, we will set actions. 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. 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. Death or illness of, or serious accident or injury to, an adult on the premises. Tusla's Statutory Remit: Dealing With Non-Compliant Early Years Services Providers. more information Accept. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. The greater the suspects level of culpability, the more likely it is that a prosecution is required. It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. 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. While some areas of the premises might not be used for childcare or might be out of bounds to children, the whole premises are registered and these areas may still be accessible to children. We will share as much information about the concern as possible so that the registered person has enough information to be able to address the concern. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. Well send you a link to a feedback form. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? A person who is disqualified must not provide early or later years childcare provision that requires registration or be directly concerned in the management of this provision. Be the first to get our inspirational guides, new articles, e-books and tips all straight to your inbox. The NOD will include information about the right to appeal to the Tribunal. We will write to the applicant to let them know we have done 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. Early Years Sector NOT Recognised Under Self Isolation. Some enforcement actions allow periods for written representations and appeals before the action takes effect. Questions relevant to harm to ask include the following: It is likely to be in the public interest to prosecute where a person commits an offence having previously been disqualified or served with an enforcement notice. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages.

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