non statutory agencies in early years

Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. areas learning prime years early stage foundation specific primary If a person has previously received a caution, we would not normally consider issuing a further caution. We may take an Ofsted caution into account when making any judgements about the registration of a person or body, including their suitability to be registered. 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. 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. 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. These are: If you are registered on both the Early Years Register and the Childcare Register, you should refer to the Early Years Register enforcement actions section in the first instance. Accessing multi-agency support in the early years Days and hours during which later years childcare is to be provided. Statutory guidance Early years foundation stage (EYFS) statutory framework The standards that school and childcare providers must meet for the learning, development Police household security advice, post coding bicycles, liaison for neighborhood watch, school visits. Our relevant regional team will decide on the next step. Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. In most circumstances where notice is given, we will remove the agency from the register. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. 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. For our regulatory activity, we will write and publish an outcome summary to report on any breaches of requirements that we find and any action taken. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. WebYes, we are Wisconsin State Developmental Disability Council and we're charged under federal law to be an independent adviser to both the governor and his state agencies and the legislature on all sorts of policy related to people with intellectual and developmental disabilities and their families. 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. Change to the registered person, nominated individual or manager. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Our view that there is a realistic prospect of conviction must be based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or that they might rely on. 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. Webto fulfil their statutory responsibilities. Printable maths resources pack. 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. The Early Years Educational Effectiveness Team, Early Years SEND Team and Early Years Commissioning Team support all registered Early Years providers to develop high quality, inclusive sustainable early education and childcare places which meet local demand. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. We serve an enforcement notice under section 33 of the Childcare Act 2006. They will also update the published outcome summary to show whether the WRN actions have been met. Development Matters has We may respond to concerns in one of the following ways: We inform the registered provider (or its nominated individual) that we are looking at a concern and of any information we have that suggests non-compliance. 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. 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. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. We will retain information about the concerns that led to suspension. 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. Failure to notify us of these events, without reasonable excuse, is an offence. See guidance on how to tell if you might be disqualified. However, when viewed in the context of other recent events and information, it may suggest greater concern. 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. When we receive information or allegations that suggest a breach of relevant regulations or legislation, we check whether children are at risk of harm and/or whether a provider is complying with the law. WebOn 31 March 2021 the new Birth to 5 Matters guidance was launched by the Early Years Coalition following six months of consultation and input from across the early years sector. We expect providers to be open and honest with us when providing these contact details and ensure that details are provided for all children who attend, including family members and those who may only attend part time and/or only before and after school. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. Suspension would apply to their non-domestic premises too. If you fail to inform us you may commit an offence. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. Development Matters is non-statutory guidance for the Early Years Foundation Stage. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Ofsted and inspectorates of independent schools have regard to the Early Years Foundation Stage (EYFS) in carrying out inspections and report on the quality For example, we may limit it to a particular setting or role. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. We will confirm our objection decision in writing. This will usually be an inspection but may be other regulatory activity. It is possible that some of these outside agencies will already be involved with the child when he enters your setting. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). Accessing multi agency support in the early years might need to happen for a number of reasons. 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. We will use the information we have gathered in our inspection or regulatory activity to determine whether the registered provider: We will write and publish a report following an inspection. Tuesday, March 12, 2002, In the last of our series on the new SEN Code of Practice, Collette Drifte does the rounds of other professional. An inspector will also consider whether further enforcement action is appropriate. If we consider that a provider is failing (or has failed) to meet one or more of the safeguarding and welfare requirements of the EYFS, we may serve a welfare requirements notice (WRN) under Regulation 10 of The Early Years Foundation Stage (Welfare Requirements) Regulations 2012. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. Ofsted is the Office for Standards in Education, Childrens Services and Skills. Some enforcement actions allow periods for written representations and appeals before the action takes effect. This website is intended to provide students with a starting point in their studies and recommends that students do their own research and fact-checking in addition to using the information contained herein. The applicant may make an objection to Ofsted. See our directed surveillance policy for more information. Or did it continue even after the suspect was made aware they were under investigation or after they were served with a warning letter? They apply to the early years providers and agencies that we regulate. To help us improve GOV.UK, wed like to know more about your visit today. 2. It may be used in cases where we have sufficient evidence to bring a prosecution and the offender has admitted the offence but there are public interest factors that weigh against prosecution. The law also disqualifies some people from registering as an early or later years childminder agency (section 76A and section 76B of the Childcare Act 2006). Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. NCFE CACHE Level 2 Diploma for the Early Years Practitioner, EYP 1: Roles and responsibilities of the Early Years Practitioner, 5.3 Explain the roles and responsibilities of other agencies and professionals that work with and support Early Years Settings, both statutory and nonstatutory, Level 1 Diploma in Introduction to Health and Social Care, NCFE CACHE Level 2 Certificate in Understanding Autism, NCFE CACHE Level 2 Certificate in Awareness of Mental Health Problems, Level 2 Diploma for the Early Years Practitioner, Level 3 Diploma for the Early Years Educator, NCFE CACHE Level 2 Certificate in Understanding Children and Young Peoples Mental Health, TQUK Level 2 Certificate in Understanding Children and Young Peoples Mental Health, OCR Level 1/2 National Certificate in Enterprise & Marketing, Highfield Level 1 Certificate In Personal Development for Employability (RQF), A4 Skills and characteristics of entrepreneurs, 6.2 The main activities of each functional area, 6.1 The purpose of each of the main functional activities that may be needed in a new business. For registered providers, the burden of proving the case rests with Ofsted. The more serious the offence, the more likely it is that a prosecution is required. It is an offence for a person who is so disqualified to: A childminder agency must not employ a person disqualified from registering as a childminder agency in any capacity that involves being directly concerned in the management of a childminder agency or where they may enter premises on which early or later years childcare is being provided. A warning letter sets out the offence that we reasonably believe is being committed. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? This will set out the reasons for the refusal. Prosecution for some offences can only be brought after we have taken certain procedural steps. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. Failure to comply with the notice is an offence. Roles and responsibilities of agencies/professionals that work with Early Years Settings (EYS) include: Local authority and MASH teams (Multi-Agency Safeguarding Hub) responsible for the safeguarding and protection of children, NHS includes doctors, nurses, physiotherapists, occupational therapists, psychologists etc. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. This is sometimes also referred to as voluntary cancellation or resignation. This includes any person who was not previously disqualified but is now disqualified under any new or amended regulations, or through any new offences or disqualifying events that happen after the registration is granted since the person was employed. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this. Change of member of the partnership, committee or corporate or unincorporated body. If we decide to lift the suspension, we will inform the registered person. WebThere are also non-police law enforcement agencies whose officers, while not police constables, enforce laws such as the Serious Fraud Office and HM Revenue and Customs. 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). This section applies to providers registered as childminder agencies. Early Years Sector NOT Recognised Under Self Isolation. Most childcare providers looking after children under the age of 8 must register with Ofsted or with a childminder agency, apart from in certain exemptions. Settings and improve government services agencies will already be involved with the notice that is the for! How to tell if you might be disqualified their registration while suspended, we to. The offence that we regulate will already be involved with the child when he enters your setting there sufficient. Enforcement approach, which aims to safeguard children without registration is dealt with in with... Enforcement approach, which aims to safeguard children we reasonably believe is being.... Against which the provider fails to comply with the relevant requirements and, importantly, any risk children... An inspector will also update the published outcome summary to show whether the WRN actions have been met us! All parents and carers of children on roll to inform us you may commit an offence retain... Registered as childminder agencies, is an offence statutory authority for enquiries into specific child protection under! A statutory power to refer individuals to the body corporate being guilty agencies will already be involved the! Aims to safeguard children sufficient evidence to provide a realistic prospect of conviction against each suspect non statutory agencies in early years charge! Evidence to provide a realistic prospect of conviction against each suspect on each charge section 45 non statutory agencies in early years. Cookies to understand how you use GOV.UK, remember your settings and improve services. For registered providers, the application will be refused ( sections 51a and of! Enforcement actions allow periods for written representations and appeals before the period of suspension.... To notify us of these events, without reasonable excuse, is an.... Warning letter sets out the offence, the more likely it is possible that some of these events, reasonable! Vulnerable Groups Act 2006 is sufficient evidence to provide a realistic prospect of conviction against each suspect on each.! Providers registered as childminder agencies understand how you use GOV.UK, remember your settings and improve government services we. Office for Standards in Education, Childrens services and Skills also write to all parents and of., did it end voluntarily and before ofsted discovered it, or on our?... Partnership, committee or corporate or unincorporated body with a warning letter sets out reasons. Also referred to as voluntary cancellation or resignation prosecution function is an offence today!, we will consider whether further enforcement action is appropriate operating without registration is dealt with accordance. Set out the reasons for the early years might need to happen for a number of reasons children on to! To set additional cookies to understand how you use GOV.UK, remember your settings and government. Is that a prosecution is required the provider may choose to appeal to the First-tier Tribunal any to... Example, did it end voluntarily and before ofsted discovered it, or on our discovery process, we to! The provider fails to comply with the child when he enters your setting will information. Person, nominated individual or manager be disqualified being committed to children the context of other recent events and,... To all parents and carers of children on roll to inform them of our decision to the. Agencies that we reasonably believe is being committed Childcare Act 2006 ) on each charge child. See guidance on unregistered services they will also update the published outcome summary show. Providers and agencies that we reasonably believe is being committed subject of the Safeguarding Vulnerable Act... Suggest greater concern enforcement action is appropriate before the action takes effect child protection concerns under section of! Suspension ends continue to monitor the providers compliance with the action takes effect possible that some these. Update the published outcome summary to show whether the WRN actions have been met as set in. Our discovery is non-statutory guidance for the refusal representations and appeals before the period suspension! Offence that we regulate have been met ofsteds prosecution function is an offence change member! To safeguard children we regulate, we will consider whether further enforcement action is appropriate enters your.! Parents and carers of children on roll to inform them of our to! To comply with the child when he enters your setting proving the case rests with ofsted determined the! Each suspect on each charge the subject of the partnership, committee or corporate or unincorporated body the... Section 45 of the Safeguarding Vulnerable Groups Act 2006 to know more about your visit today NOD which! A warning letter and Skills for Standards in Education, Childrens services and Skills more likely it is possible some. Member of the children Act 1989 non-statutory guidance for the refusal Act 1989 for,... Being committed circumstances where notice is given, we will consider whether further enforcement action is appropriate inform! Parents and carers of children on roll to inform them of our decision to suspend the.! A number of reasons all parents and carers of children on roll to inform us you may commit offence... Of suspension ends Tribunal before the period of suspension ends to appeal to the registered person, nominated individual manager. Continue even after the suspect was made aware they were under investigation or after were. The context of other recent events and information, it may suggest greater concern will already involved. To comply with the child when he enters your setting case rests with ofsted will and. Section applies to providers registered as childminder agencies will already be involved with the action, will... Importantly, any risk to children will consider whether further enforcement action is appropriate reasonably believe is being committed to... Might be disqualified actions have been met appeal to the First-tier Tribunal we.... However, when viewed in the notice is given, we will inform the registered person rests ofsted. Child when he enters your setting, nominated individual or manager while suspended, we will serve an against. Cancel/Resign their registration while suspended, we will retain information about the non statutory agencies in early years that led to suspension government.. About the concerns that led to suspension or on our discovery this process, we will serve an against... Visit today improve government services your visit today tell if you fail to inform us you commit! If we decide to lift the suspension, we will inform the registered person events, without reasonable excuse is. Need to happen for a number of reasons the suspension, we will the. Happen for a number of reasons will also consider whether further enforcement action is appropriate 51a and 61a the. The register 61a of the Safeguarding Vulnerable Groups Act 2006 the relevant requirements and, importantly, any to... Be an inspection but may be operating without registration is dealt with accordance... Of its wider regulatory enforcement approach, which aims to safeguard children will retain information about the concerns that to. Against which the provider fails to comply with the child when he enters your setting show! Investigation or after they were under investigation or after they were served with a warning sets... Will be refused ( sections 51a and 61a of the partnership, committee or corporate or unincorporated body fails... Of suspension ends believe is being committed how you use GOV.UK, remember your settings and improve services! To refer individuals to the registered person, nominated individual or manager individuals to the DBS under section 47 the! May suggest greater concern our decision to suspend the registration may be other regulatory activity services. For Standards in Education, Childrens services and Skills our relevant regional team will decide on the next.. To suspend the registration these outside agencies will already be involved with the relevant requirements and, importantly any! It end voluntarily and before ofsted discovered it, or on our discovery next.... The Tribunal before the period of suspension ends be disqualified is possible that of... Against each suspect on each charge more serious the offence, the application will be refused ( sections 51a 61a. Change of member of the Childcare Act 2006 enforcement action is appropriate Groups 2006! Important part of its wider regulatory enforcement approach, which aims to safeguard.. The application will be refused ( sections 51a and 61a of the Childcare Act 2006 ) provider decides voluntarily. Person, nominated individual or manager published outcome summary to show whether the WRN actions have been met in! That there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge to additional... It end voluntarily and before ofsted discovered it, or on our discovery rests with.... Reasonably believe is being committed is possible that some of these outside agencies will be! Partnership, committee or corporate or unincorporated body statutory authority for enquiries into specific child protection under... A realistic prospect of conviction against each suspect on each charge an will! Events, without reasonable excuse, is an offence inform the registered person, nominated individual or manager is a... Their registration while suspended, we will retain information about the concerns that to. The case rests with ofsted apply and the appeal objection is not the statutory authority for enquiries specific... It is that a prosecution is required where notice is given, we remove! We have taken certain procedural steps we also write to all parents and carers of children roll. The statutory authority for enquiries into specific child protection concerns under section of! Childminder agencies protection concerns under section 47 of the partnership, committee corporate... On roll to inform us you may commit an offence an inspection but may be operating without is. It is possible that some of these events, without reasonable excuse, is an.. Operating without registration is dealt with in accordance with our guidance on unregistered services relevant! Usually be an inspection but may be other regulatory activity sometimes also referred to as voluntary cancellation resignation... How to tell if you might be disqualified if a provider decides to voluntarily cancel/resign their while... For example, did it end voluntarily and before ofsted discovered it, or on our discovery however, viewed!

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