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Irrespective of the nature of the concern, if we continue to receive multiple concerns (3 in a 2-year period) then we will always consider whether to bring forward an inspection or carry out regulatory activity. This is either 28 days after the NOD was served or, if there is an appeal, when the outcome is determined and the First-tier Tribunal upholds the decision to cancel. Understand legislation and guidelines for health and safety in Early Years Settings Assessment criteria: 1.1 Outline the legal requirements and guidance for: health and safety, security Health & Safety at Work Act 1974 (HASAWA) The protection of children is paramount to our approach to enforcement. Research has found that raising the retirement age to 70 would cut monthly Social Security payments for early retirees by about 15 percent. Staff have registers which include all of your child's details. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. We consider a waiver application before, and separately from, any application to register. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. The list is not exhaustive, but some of the factors we may take into account are as follows. The Tribunal must provide each party with: In certain circumstances, either party may apply to the principal judge of the Tribunal for a review of the decision. Cyber security guidance for early years - Foundation Years If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. We will write to the agency to let them know we have done this. They will also update the published outcome summary to show whether the WRN actions have been met. If we refuse registration, the person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. what was the suspects level of involvement? However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. In certain cases, we may need to take both regulatory and criminal action. It means that an objective, impartial and reasonable bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge. Outline, Pages 7 (1670 words) Views. The Early Years Foundation Stage (Learning and Development and Welfare Change of member of the partnership, committee or corporate or unincorporated body. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. We will write to the provider to let them know we have done this. Early Years practitioners: using cyber security to protect your settings In this case, the provider may make an objection to Ofsted. It is that the person may: Harm is not defined in the legislation. We expect the registered person to demonstrate how the action taken is improving the standards of the agency, as well as the standards of the agencys employees and childminders registered. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. is the offending likely to be continued, repeated or escalated? It is an offence to provide childcare on non-approved premises. There is no obligation on a provider to accept a caution. Change to the name or registered number of the company or charity providing care. In some cases, we may take steps to cancel a registration while a suspension is in place. The more serious the offence, the more likely it is that a prosecution is required. Where possible, we send the NOD at the same time as the outcome letter. Safeguarding in the early years | early years alliance Operated . The notice sets out action(s) that a provider or childminder must perform within an appropriate timeframe. The person is therefore liable to be proceeded against and punished accordingly. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. There must to be a staff member Gender reassignment. 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. Dont include personal or financial information like your National Insurance number or credit card details. This is known as the 50% rule. Inform and keep staff up-to-date with health and safety guidelines for early childhood centres, such as: Implementing a no running policy indoors. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. 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. We will review the response. Not allowing children to use equipment/apparatus without adult supervision. Under The Data Protection Act 1998, if you use CCTV on your premises you have a legal requirement to provide adequate signage stating that it is in operation. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. PDF Safeguarding Children and Protecting Professionals in Early Years Settings If we intend to refuse an applicants registration, we will serve an NOI. For example, some require a suspect to have had an opportunity to make representations. Providers may choose to use webcams and closed-circuit television (CCTV) to allow parents to see children and to allow managers to monitor staff and children. 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. Sex. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. Registered persons, therefore, must understand and act on their obligations to refer an individual to the DBS in the appropriate circumstances. 14 explain how health and safety is monitored and - Course Hero However, if these objections are not upheld, an NOD will be served against which a provider may appeal. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Information may not suggest a risk when viewed in isolation. This is in addition to the body corporate being guilty. 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. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. In this case, the person may make an objection to Ofsted. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. Childminders and childcare providers on domestic premises can operate on non-domestic premises for up to 50% of their total time. Security controls | Nursery World Policy and procedure guidelines. Section 70 of the Childcare Act 2006 also sets out that if we have already served the childminder agency with an NOI to cancel registration, we will not agree to the request for removal unless we have decided not to take that step. We normally record evidence electronically using a range of devices, including laptops, mobile telephones and tablets. Ensure that all policies and procedures are easily accessible for reference. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. The protected characteristics listed in the Act are: 1. We have the power to impose conditions at the point of registration. This policy should be read alongside other guidance documents: The legal basis of our enforcement work is set out in the Childcare Act 2006 and its associated regulations. Under the 50% rule, we cannot suspend providers from operating only on domestic 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? Ofsted requires all settings to have a set of policies and procedures. This will usually be an inspection but may be other regulatory activity. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. 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. Marriage and civil partnership. 1.4: explain how health and safety is monitored and maintained in an early years setting The health and safety of the children in my setting is monitored through what we call tracking forms. 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. We will retain information about the concerns that led to suspension. We do this to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as our notices of suspension can contain personal or sensitive information. Policies and procedures should outline . how did the offending come to an end? 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. Death or illness of, or serious accident or injury to, an adult on the premises. 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. Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. If the First-tier Tribunal decides not to review the decision, or reviews it and decides to take no action, the party can apply for permission to appeal. When we decide to revoke a notice, we send the person confirmation of our decision in writing. 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). 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. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. This will be based on the evidential test and public interest factors set out above. If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. 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. See forms and other information for the First-tier Tribunal. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. The provider may object. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. It informs the person that if they are committing the offence, they should stop immediately. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. It also provides guidance on good practice. This is to make parents and the public aware of any concerns and action taken at the childcare setting. We suspend a providers registration under section 69 of the Childcare Act 2006 and the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. A warning letter sets out the offence that we reasonably believe is being committed. We can also use more than one type of enforcement action at the same time. 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. Visitors to the setting must be signed in and recorded in the visitor's book. Four guiding principles should shape practice in early years settings. Workplace Security Legislation - What You Need to Know - CSI Products In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. The DBS is responsible for deciding whether to include a person on a barred list. The law gives Ofsted a range of powers to deal with: This policy sets out the principles and approach we will follow when exercising our enforcement powers. 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. You can also use these options and change the printer destination to save the content as a PDF. - The child's requirements arising from race, culture, language and religion be taken into account. Safeguarding children and protecting professionals in early years However, they need to understand the constraints that this can place on our actions. Good practice is best achieved by embedding e-safety across all areas of the early years provision. 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. 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. We do not routinely prepare press releases in advance of any prosecution, but we will respond to media enquiries through our press office about a prosecution or other matters. Pregnancy and maternity. 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. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. Policy and procedure guidelines - Early Childhood Education and Care 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. 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. What legislation does this framework refer to? We must record this decision on our internal system. This applies to those registered on Part A of the General Childcare Register only. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. For example, we may limit it to a particular setting or role. Learning outcome: 1. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. 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. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children are suffering or likely to suffer harm. It is used to regulate activities, authorize certain actions, supply resources such as funding, implement sanctions and permit or deny certain activities. This will include all settings within the registration. 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. We can suspend registration for all a providers settings or for particular premises. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. If the inspector believes the registered person is obstructing them, this is a criminal offence and so the inspector will consider whether it is appropriate to caution the person about their rights under the Police and Criminal Evidence Act 1984 (see the Prosecution section) before asking them further questions. Unlimited access to news and opinion. We consider each request on its own merits. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. We have the power to impose conditions at the point of registration of a childminder agency.