We cannot grant an application to register with Ofsted if the application indicates that any of the following individuals are disqualified from registration: We cannot consider the application to register unless: In these cases, we will inform the applicant of the reasons why we cannot grant the application to register. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. 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. has the suspect displayed genuine remorse and shown insight into the offending? The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. If the concern is about the nominated individual or another person who is part of the registered organisation providing the childcare, we communicate with someone else who represents that organisation, such as another director. Emergency orders take effect immediately and apply to all settings under a single registration. This may result in Ofsted initiating and completing its enquiries before the child protection investigation is completed, ask that we receive minutes from future meetings (if we intend to take no further action) to enable us to reassess whether there is further information that needs us to become involved again, noting low-level concerns to consider at the next visit or inspection, carrying out an inspection without notice, carrying out regulatory activity by telephone or video call, carrying out a regulatory visit, with or without notice, inspect, and take copies (either by photocopying or taking a photo with an Ofsted mobile telephone or tablet computer) of any records kept by the person providing the childcare and any other documents containing information relating to that provision, seize and remove any document or other material that the inspector has reasonable grounds to believe may be evidence of a failure to comply with any relevant condition or requirement (however, we would usually take photos as explained above), observe any children being cared for there, and the arrangements made for their welfare, interview in private the childcare provider, interview in private any person caring for children or living or working on the premises who consents to be interviewed, is complying with the relevant legislation, is meeting statutory requirements and remains suitable for registration, has committed an offence under the Childcare Act 2006 or associated regulations, we carry out any type of inspection, because the inspection report will set out any breaches of requirements that we find and any action taken, we suspend a providers registration, because we use other ways to let parents and carers know about the suspension. has actual harm been caused or was there a risk of harm being caused? Cruz has said that he is the son of "two mathematicians/computer programmers". The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. Unlimited access to news and opinion. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. If the inspector makes a visit or contacts the provider before some actions are due to be completed, they will review and record evidence about the progress the provider is making. what was the suspects level of involvement? It will take only 2 minutes to fill in. Figure 14.1 has been used by a number of commentators to illustrate the difference between preventive services, designed to reduce the likelihood of have the suspects actions negatively impacted on a third party? Unit 1: Legislation, Policy and Procedures for Working in Early Years Settings Level: 2 Unit type: Mandatory Credit value: 3 Guided learning hours: 25 Unit summary This knowledge unit is fundamental to practice. However, when viewed in the context of other recent events and information, it may suggest greater concern. It is important that media enquiries are directed to our press office. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. We must record this decision on our internal system. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. 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 we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements under the Childcare (Early Years Register) Regulations 2008. The protected characteristics listed in the Act are: 1. However, if there is a sufficient lapse of time to suggest that a previous caution was a significant deterrent (2 years or more), or the subsequent offence is unrelated, we may consider a further caution. These are: every child is a unique child, who is constantly learning and can be . Development means physical, intellectual, emotional, social or behavioural development. 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. We can only suspend registration if we are satisfied this test is met. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . Providers must inform us if they want to employ, or discover they have employed, a disqualified person. We serve an NOI setting out the reasons for the action proposed. Ofsted neither endorses nor prevents the use of CCTV. 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. A court may only convict if it is sure that the defendant is guilty. 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. Race. The learning and development requirements are given legal force by an Order 2 made under section 39(1)(a) of the Childcare Act 2006 . Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. 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. Visitors must always be accompanied by a member of staff while in the premises. 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. For registered providers, the burden of proving the case rests with Ofsted. May 2000 - Dec 20099 years 8 months. We can do this when a provider is first registered or at any time afterwards. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. Sex. EYFS 2017 If providers have concerns about children's safety or welfare, they must notify agencies with statutory responsibilities without delay The setting's safeguarding policy and procedures must cover the use of mobile phones and cameras in the setting. Inspectors will not include identifiable staff or children in any photographs they take. An Ofsted caution is not disclosable as a part of any DBS check. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. Serious Case Reviews (SCRs) continue to highlight failings in how and what information is recorded when there are concerns about a child, as well as how, when and with whom it's shared. 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. We exercise these powers to reduce the risk of harm to children who use regulated early years services, as well as to protect children from unregistered services, to enforce compliance with the law and to improve the quality of services. They can only apply for a review if they believe there is an error of law in the decision. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. 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). The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. Any setting should have clear policies and procedures about all aspects of health and safety. An essential component of Health and Safety is Monitoring and Review, allowing us to accurately assess existing controls alongside risks to develop an effective plan of action. 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. staff and parents/carers being aware of e-safety issues. These specific requirements include statutory guidance; this guidance provider exactly what is required of them in the early years setting. 2083 Words 9 Pages Good Essays 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. In order to keep children safe, we may also have to share the information we have received with other organisations. 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. When we receive an application to register, we will consider whether the applicant meets, and is likely to continue to meet, the registration requirements of The Childcare (General Childcare Register) Regulations 2008. The evidential test is a different test from the one that the criminal courts must apply. However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. A registered person or applicant may appeal to the First-tier Tribunal (Care Standards) against an NOD or a suspension notice. We must consider what the defence case may be and how it is likely to affect the prospects of conviction. We serve an enforcement notice under section 33 of the Childcare Act 2006. 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. 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. All rooms and equipment used by children and young people should have regular checks to ensure . The registered person remains registered until 28 days after we have served the NOD to cancel. The National Cyber Security Centre (NCSC) has published its bespoke guidance for early years education and childcare settings, offering practitioners top tips on how to protect their devices and data from cyber incidents. Please click on the button below to view the full . Suspension would apply to their non-domestic premises too. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. You can also find your print and save options in your browsers menu. 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 also applies to anyone connected with the application. 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. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. This will not result in disqualification. Children are encouraged to maximise the benefits and opportunities Not allowing children to use equipment/apparatus without adult supervision. We will review their response and may visit or inspect again to check that they are meeting all the regulations. The requirements are that the registered person does not give corporal punishment, and ensures that no person who cares for the child, or who lives or works on the premises, gives corporal punishment to the child (Regulation 9). The agency may object. We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. 3. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. We would expect to receive a waiver application from the registered person within 14 days. For registered providers, decisions do not come into effect until either: For applicants for registration, the decision to refuse registration takes effect on service of the NOD. Operated . It takes effect as soon as the notice is served. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. Confidential information must not be shared outside of the setting E. G family or friends. The protection of children is paramount to our approach to enforcement. There is no obligation on a provider to accept a caution. If the information-giver gives us their name and contact details, but wishes to remain anonymous from the provider, we will respect their wishes if we can, but we cannot guarantee that their identity will not be deduced by the provider. If the disqualification relates to a member of staff at a childminding or childcare setting, the registered person commits an offence if they continue to employ the disqualified person after our refusal. 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. As the Queensland Early Childhood Regulatory Authority, the department regulates early childhood education and care services to reduce risk to children's safety, drive voluntary compliance and promote continuous improvement. If we intend to refuse an applicants registration, we will serve an NOI. If a person applies to register as a childminder with us after we have served an enforcement notice, we will revoke the notice if we grant registration. Providers can inform us about any new information that indicates a change in their circumstances and request that we lift the suspension. 9. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. 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. A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. This is sometimes also referred to as voluntary cancellation or resignation. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. The setting has a room plan showing the designated fire exit routes and evacuation point. The same applies if the person lives or normally works on childcare premises. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. 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. [footnote 1]. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. Health means physical or mental health. 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. 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. 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 provider must demonstrate that the requirements will be satisfied, and are likely to continue to be satisfied, in relation to the proposed provision. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. It is an offence to provide childcare on non-approved premises. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . 7. We consider all of the information available to us, including whether the person is previously known to Ofsted. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. In 1974, Cruz's father left the family and moved to Texas. The legal definition of harm is as set out in section 31 of the Children Act 1989. Good practice is best achieved by embedding e-safety across all areas of the early years provision. We may monitor compliance with the notice. In 2015, the U.K. government passed the Prevent duty as a legal requirement for all registered early years providers and schools throughout Great Britain. Change to the registered person, nominated individual or manager. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. Four guiding principles should shape practice in early years settings. These events must be notified in advance where practicable, and otherwise as soon as reasonably practicable, but in any event within 14 days of when the event occurred. If a provider is not meeting these requirements, but the inspector judges that the leadership has the capacity to remedy this quickly, we will set actions. It is that the person may: Harm is not defined in the legislation. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 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. The more serious the offence, the more likely it is that a prosecution is required. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. 2. The applicant may make an objection to Ofsted. 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. We will retain information about the concerns that led to suspension. We must receive their application to waive disqualification within 14 days of receipt of the NOI. If the annual fee is not paid, we will cancel the registration unless we are given notice that the agency wants to be removed from the register. has the suspect misled anyone as to their registration status? If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. The types of enforcement action we can take against providers breaching the requirements of the Early Years Register include: The enforcement powers available to us do not have to be used consecutively or in any order. 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. A warning letter sets out the offence that we reasonably believe is being committed. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. 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. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom early years provision is being or may be provided, is suffering or is likely to suffer significant harm, we may apply to the family proceedings court for an emergency order to: The legal definition of harm is as set out in section 31 of the Children Act 1989. The relevant criminal offences are listed in Annex B. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. These legislations provide the basis for shaping the policies and procedures in the early years setting which aims to provide a safe and healthy environment for the children to learn, develop and play.
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