If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. The House and Senate floors were both active with debate of weighty measures like Governor Kemp's "Safe Schools Act" (HB 147) and legislation amending Georgia's certificate of need law (SB 99) to allow an additional exemption for rural acute care hospitals. Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. All rooms and equipment used by children and young people should have regular checks to ensure . The circumstances that cause disqualification are set out fully in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. It is used to regulate activities, authorize certain actions, supply resources such as funding, implement sanctions and permit or deny certain activities. The provider may object. 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 encourage applicants to give us as much information as possible, including details of their job description if they are applying for a specific role. In this article we are going to talk about: What is safeguarding? We consider a waiver application before, and separately from, any application to register. For these providers, in most cases, we will carry out a compliance inspection to make sure that the provider continues to meet requirements and remains suitable for registration. 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. When we receive concerns from parents or other members of the public, we always try to keep their identities private, if that is their wish. For providers registered on 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. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 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. The children's Act 1989. We would also expect providers to do the same with inspectors on visits/inspections. In this case, the person may make an objection to Ofsted. 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. 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). This would include telling us about a disqualification. 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. Corporate Security Officer. 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. The disqualification takes effect when an NOD is served. The EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children's safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. 6. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. The appeal must be made in writing within 28 days of the date of our decision letter. The NOD will include information about the right to appeal to the Tribunal. The registered person can object to other issues raised in the NOI to cancel, if we have also included points relating to non-compliance with regulations or other factors concerning their suitability. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. It is an offence to provide childcare on non-approved premises. 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. 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 must make clear that, to do this, we may carry out our own enquiries to determine that the registered setting continues to be fit to provide a service. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. We will notify the applicant in writing, usually by email, of our decision. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. See more. The setting has a room plan showing the designated fire exit routes and evacuation point. Our privacy notice for childcare sets out what personal information we collect, what we do with it, how long we keep it and individuals rights under data protection legislation. We may also ask the applicant to attend an interview with us. If the evidence meets the test for prosecution, we may also instigate a prosecution. It takes effect as soon as the notice is served. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. 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. It is not an offence for a provider registered on the voluntary part of the Childcare Register to continue to provide care for children while suspended, because registration is not compulsory. 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. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. See further guidance on the provisions for rehabilitation of offenders. The following examples are to be kept confidential; enrolment forms, family's health insurance . Unlike when Ofsted cancels the registration of a childminder agency, we will not automatically accept childminders that were registered with an agency if the agency gives notice for voluntary removal of their registration. Ofsted requires all settings to have a set of policies and procedures. 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 remains registered until 28 days after we have served the NOD to cancel. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. The sudden serious illness of any child for whom later years provision is provided. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. There are 4 aspects to Ofsteds regulation of childminder agencies. This means that it must not be usual practice for an early years provider to administer medicines without permission to do so and not that all medicines, both prescription and non-prescription have to have been prescribed for a child by a doctor, dentist, nurse of pharmacist. Any photos taken with an Ofsted mobile phone, computer or tablet will be deleted from these devices once they have been transferred to our systems. It is an offence if they do so. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. The more serious the offence, the more likely it is that a prosecution is required. We may, however, cancel an agencys registration immediately if a concern is sufficiently serious and/or when children are at risk of harm. It could save time, money and. The Level 2 Diploma for the Early Years Practitioner (England) is an occupational qualification for candidates who work in Early Years Settings in England. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. 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. We will only consider this stage if the evidential test is met. 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. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. 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. We will also consider referrals to the DBS or other agencies, if appropriate, in line with our safeguarding obligations. Pregnancy and maternity. If the applicant, provider or childminder agency tells us, in writing, that they do not intend to appeal against the decision, the decision takes immediate effect. These are: We have a range of enforcement powers to use in regulating childminder agencies, including: We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. 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. We will review their response and may inspect again to check that they are meeting all the regulations. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. It is important that media enquiries are directed to our press office. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. It does not give us any discretion not to do so. We will always write and publish an outcome summary after any type of regulatory activity, if we or the provider have identified a breach of requirements, including if the provider has already taken action to address this. These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. An Ofsted caution is not disclosable as a part of any DBS check. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. We must write to the registered person and tell them that the law requires us to cancel their registration. They are based on four overarching principles, including: Children learn and develop best in an enabling environment Children are unique, learn constantly and can become resilient, capable, confident and self-assured The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. We may receive a concern about a registered provider on the Childcare Register. Change to the registered person, nominated individual or manager. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. Early years providers are required to conduct regular risk assessments, which identify aspects of the environment that must be checked on a regular basis. Visitors to the setting must be signed in and recorded in the visitor's book. Days and hours during which later years childcare is to be provided. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. Children and Young People (Scotland) Act 2014 This Act concerns the provision of services and support for children and young people; it covers adoption, children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools. This will determine whether any safeguarding or enforcement action is required. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served. Early years providers must meet the requirements of the EYFS. We may consider these further if a provider reapplies for registration. In this case, the person may make an objection to Ofsted. This module will explore the changing features of different Early Years settings, working with other professional and the skills and the core skills of those workers. However, when viewed in the context of other recent events and information, it may suggest greater concern. 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. We may, however, cancel a providers registration without taking any previous enforcement action if a concern is sufficiently serious and/or when children are at risk of harm. Policies and procedures help and guide all staff working in the setting. Health means physical or mental health. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. Suspension would apply to their non-domestic premises too. Operated . However, if these objections are not upheld, an NOD will be served against which a provider may appeal. We do this when we or the other agency have identified concerns that suggest possible fraud, regulatory breaches or issues around the suitability of a provider to provide childcare. We will only use clear, proportionate and reasonable conditions. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? SAFEGUARDING CHILDREN IN THE EARLY YEARS 5 above that practitioners in early years settings have a particular role to play in ensuring that children are safeguarded from harm. 7. We will ensure that the evidence in support of the grounds for cancellation meets the required standard, which is the balance of probabilities; in other words, that it is more likely than not to be correct or true. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. Dont worry we wont send you spam or share your email address with anyone. Therefore, if a provider on the voluntary register continues to provide childcare while suspended, we may consider whether this warrants a review of that registered persons suitability to remain registered.