We would expect to receive a waiver application from the registered person within 14 days. For Nurseries Apple We may receive concerns that do not suggest a risk to the safety or well-being of children. Early years providers have a duty under Section 40 of the Childcare Act 2006 to comply with the welfare requirements of the Early Years Foundation Stage Framework . The same applies if the person lives or normally works on childcare premises. has the suspects registration been cancelled previously or have they been refused registration with Ofsted, and what were the reasons for the cancellation or refusal; for example, did they relate to safeguarding concerns? Registered persons, therefore, must understand and act on their obligations to refer an individual to the DBS in the appropriate circumstances. 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. Failure to comply with the notice is an offence. This would include telling us about a disqualification. more information Accept. The protection of children is paramount to our approach to enforcement. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). have the suspects actions negatively impacted on a third party? Paediatric first aid training must be renewed every 3 years and should be relevant for workers caring for young children and where relevant, babies. In these cases, we may carry out regulatory activity or an inspection. We may receive a concern about a registered provider on the Childcare Register. When we receive an application to register, Ofsted will consider whether the childminder agency meets, and is likely to continue to meet, the requirements of The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. We will confirm our objection decision in writing. 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. The Tribunal must consent to the withdrawal. This means that childminders registered with the agency are still able to operate. In considering whether or not a person is disqualified, we also consider the provisions in the Rehabilitation of Offenders Act 1974 and The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which set out when convictions and cautions become spent. In these circumstances, the childminders that were registered with the agency will have to apply to register with Ofsted or another agency if they wish to continue. For example, some require a suspect to have had an opportunity to make representations. The Oxford Biblical Studies Online and Oxford Islamic Studies Online have retired. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. Birth To 5 Matters - Guidance by the sector, for the sector All childminders still registered with the agency at the point of cancellation will be transferred to Ofsted, unless they are disqualified or we think they may be disqualified. 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. We have the power to impose conditions at the point of registration of a childminder agency. We have working arrangements for childcare protocols between Ofsted and other organisations to ensure that working practices are consistent with the role and responsibilities of the appropriate organisations. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. We can suspend their registration for the non-domestic premises or both premises. We will not impose a condition that conflicts with the legal requirements. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. We will review their response and may inspect again to check that they are meeting all the regulations. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. 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. Development Matters. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? The law gives Ofsted a range of powers to regulate early years settings. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 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. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. Applicants may not withdraw their application after that point unless we agree they can do this. If using CCTV means that the provider fails to meet any other requirements of the EYFS, we would take action. 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. Employers are responsible for identifying and selecting a competent training provider to deliver theirPFAtraining. 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. The report or letter sets out the actions that a provider must take to meet the particular EYFS requirements, and the timeframe to do so. The document was developed and launched on 31 March 2021 by the Early Years Coalition. Be the first to get our inspirational guides, new articles, e-books and tips all straight to your inbox. Where the question of whether harm suffered by a child is significant depends on the childs health or development, their health or development shall be compared with that which could reasonably be expected of a similar child. has the suspect misled anyone as to their registration status? 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). Community involvement is beneficial in every area of life and particularly during the early years, Record the story of a childs development and mark the milestones and achievements of our future superheroes. However, a provider may be able to guess their identity from the information provided. This is sometimes also referred to as voluntary cancellation or resignation. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. The provider commits an offence if they fail to carry out the WRN actions within the specified time. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. The initial period of suspension is 6 weeks. 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. Emergency orders take effect immediately and apply to all settings under a single registration. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. 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. Some enforcement actions allow periods for written representations and appeals before the action takes effect. 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. There are 4 aspects to Ofsteds regulation of childminder agencies. A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused. See further guidance on the provisions for rehabilitation of offenders. We may also take this into account when determining any new application for registration. 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. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. It does not give us any discretion not to do so. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. The use of CCTV is not covered by the EYFS. Any significant event, or change to health, that is likely to affect the suitability of the registered person or any person who cares for, or is in regular contact with, children on the premises to look after children. Where a provider has more than one setting on their registration, we may choose to suspend individual settings or the whole registration, depending on the nature of the concerns. We may consider these further if a provider reapplies for registration. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. 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