The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. We can suspend registration for all of a providers settings or in relation to particular premises. They should also demonstrate how the action taken We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. While some areas of the premises might not be used for childcare or might be out of bounds to children, the whole premises are registered and these areas may still be accessible to children. If such a registration covers more than one setting, cancellation will apply to all settings in that registration. Staff and parents will feel secure knowing that policies are regularly reviewed to ensure that they meet all the needs of those working in the setting, and take into account the possible changes that could have happened in the Early Years Sector and law. has the suspect misled anyone as to their registration status? 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. At Appletree we provide a diverse, balanced and relevant approach to the use of technology. If a registered person or other staff member employed at the setting refuses to cooperate, the inspector will explain our powers under the Childcare Act 2006 to enter the premises. Applicants may not withdraw their application after that point unless we agree that they can do this. 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. If an agency whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. What Are the Rules and Regulations for Setting Up A Nursery They can apply to us to waive their disqualification. If the childcare is provided by a partnership, body corporate or unincorporated association whose sole purpose is the provision of childcare, any change to the individuals who are partners in it, or any change in a director, secretary or other officer or members of its governing body. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? If appropriate, we encourage the person to apply for registration. We will retain information about the concerns that led to suspension. The use of CCTV is not covered by the EYFS. In these cases, we would always discuss this with the complainant before doing so. 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 the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. Visitors to the setting must be signed in and recorded in the visitor's book. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. In some cases, we will have taken other enforcement action before taking steps to cancel. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. 3. 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. how did the offending come to an end? However, if these objections are not upheld, an NOD will be served against which a provider may appeal. The following examples are to be kept confidential; enrolment forms, family's health insurance . We must also agree with the other organisations what information we can share with the registered provider about the concern. If the provider fails to comply with the action, we will consider the appropriate enforcement action, in line with our enforcement thresholds and decision-making provisions. If you work in Early Years it is important you comply with safeguarding measures and understand fully what safeguarding is, understand the different types of abuse and your role in terms of safeguarding. 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 also carry out our own assessment of whether the provider meets the requirements for continued registration and decide on the appropriate action to take. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. For example, in an appeal against a cancellation decision, it is our responsibility to establish the grounds for cancellation and that our decision is reasonable and proportionate in the circumstances. It takes effect as soon as the notice is served. In refusing, we must be clear that the reason for refusal is because of the disqualification. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. Emergency orders take effect immediately and apply to all settings under a single registration. Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. Policies and Procedures - childbase It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. We will write to the agency to let them know we have done this. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. 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 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. However, they need to understand the constraints that this can place on our actions. 2. 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. For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. We will look at whether the additional premises and the arrangements for childcare on those premises are suitable. 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. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. 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. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. 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. will 2 numbers win anything in powerball; caster semenya baby father; Figure 14.1 has been used by a number of commentators to illustrate the difference between preventive services, designed to reduce the likelihood of - The child's requirements arising from race, culture, language and religion be taken into account. E-safety in the early years | Croner-i Marriage and civil partnership. We may impose, vary or remove conditions of registration on a providers registration under section 38 of the Childcare Act 2006 by issuing an NOI setting out the reasons for the action proposed. The letter sets out the actions that a provider must take by a certain date to meet the requirements. Why not register today and enjoy the following great benefits: Free access to 4 subscriber-only articles per month. For registered providers, the burden of proving the case rests with Ofsted. Legislation and guidelines - Early Childhood Education and Care We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. See Disqualification and waivers section for further information. We may consider these further if a provider reapplies for registration. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. Questions relevant to harm to ask include the following: It is likely to be in the public interest to prosecute where a person commits an offence having previously been disqualified or served with an enforcement notice. 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 5. We serve an NOI setting out the reasons for the action proposed. Early years settings should ensure that parents are signposted to resources and support regarding online safety at home and they will be expected to show evidence of this. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. 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 decision to prosecute and the way in which we pursue a prosecution will vary, depending on the offence and any actions that we must take first. The provider may object. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. For childminders and providers of childcare on domestic premises, people may be disqualified by association. Unit 310 - Support organisational requirements for recording, storing and disclosing information and providing reports in an early years setting 1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports Two essential parts of professional practice in early years are sharing information and maintaining records. We gather parents and carers details from the provider or childminder when we issue the suspension, and we will write to them to inform them if we suspend a childminder or childcare providers registration. 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). is the offending likely to be continued, repeated or escalated? PDF Statutory framework for the early years foundation stage - GOV.UK This is known as the 50% rule. When an external agency investigates concerns and makes decisions about the welfare of children, we continually reassess whether the registered provider continues to meet the regulations and/or remains suitable for registration. 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. We will not accept a request to remove the agency from the register after an NOD has been served. The setting displays the names of the designated fire officer and assistants. The registration requirements are outlined in our registration guidance for childminder agencies. If you fail to inform us you may commit an offence. It may, therefore, be appropriate in some circumstances to also take urgent enforcement steps, for example suspension, at the same time as taking longer-term action. The applicant may make an objection to Ofsted. Health means physical or mental health. These signs should be clearly visible and readable and, if not obvious, contain the details of the organisation . Unit 310 knowledge questions.pdf - Unit 310 - Course Hero With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. 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. This would include telling us about a disqualification. 2. Offences under the Childcare Act 2006 are: The 2 offences marked with an asterisk (*) in this list apply equally to provision run by schools, which are otherwise exempt from regulation under sections 34(2) and 53(2). However, we will not impose at this stage a condition that replicates a legal requirement. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. The police or local authority have to decide how much information they are willing to place in the public domain, without it having a negative impact on their investigation. However, we have no power to waive the disqualification if a person: If this is the case, we write to the individual to inform them that we cannot waive their disqualification. Dont include personal or financial information like your National Insurance number or credit card details. If we are satisfied that a provider has met the actions, we will confirm this by responding to the email and updating the published outcome summary. 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). Health and safety - Getting it right in early years settings We may carry out checks on childminders so that we can establish whether they are disqualified. The legal definition of harm is as set out in section 31 of the Children Act 1989. Outline current legislation, guidelines, policies and procedures If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. For example, we will not impose a condition that is less onerous or less restrictive than a statutory requirement, or appears to have the effect of removing a statutory requirement. Powerful Essays Cypop 1.2 Each of the nations within the UK has a set of welfare requirements or standards that must be met by the provider of early years care. There are 4 aspects to Ofsteds regulation of childminder agencies. Workplace Security Legislation - What You Need to Know. All men are created equal - Wikipedia 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. If the agency informs us that they do not intend to appeal to the Tribunal, the decision takes effect at that point and the agency is no longer registered and the childminders registered with the agency are no longer able to operate. 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. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. 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. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Registered persons, therefore, must understand and act on their obligations to refer an individual to the DBS in the appropriate circumstances. Inform and keep staff up-to-date with health and safety guidelines for early childhood centres, such as: Implementing a no running policy indoors. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. To ensure that the policies and procedures are followed effectively the school should: Ensure that all staff are aware of the policies and have a duty to co-operate with them. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. Some enforcement actions allow periods for written representations and appeals before the action takes effect. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. Safety rules. They must include a copy of the notice against which the appeal is brought, and an appeal application form. This will usually be an inspection but may be other regulatory activity. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. After 28 days, the decision takes effect, unless the agency has appealed to the First-tier Tribunal, in which case they remain registered until the appeal is determined. The protection of children is paramount to our approach to enforcement. We may specify the extent to which we agree to waive a disqualification. 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. 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 will only use clear, proportionate and reasonable conditions. We consider a waiver application before, and separately from, any application to register. Suspension would apply to their non-domestic premises too. This helps us to determine the waiver application. Health means physical or mental health. The list is not exhaustive, but some of the factors we may take into account are as follows. 5. The evacuation will be carried out in a planned and precise fashion. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. All rooms and equipment used by children and young people should have regular checks to ensure . A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. We may also seek to impose conditions in an emergency. We will work closely with the local authority and the police when there is a section 47 investigation. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. We will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. See Page 1. The sudden serious illness of any child for whom later years provision is provided. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. Legislation is valuable to setting societal standards and norms at all levels of government, including the local, state and national level. Safeguarding is the term used to describe the protection of children from any abuse, maltreatment or impairment. These are: Early Years. If necessary, we can impose a further 6-week period of suspension on the same grounds, and in exceptional circumstances we can suspend beyond this. Health means physical or mental health. 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. It is important that media enquiries are directed to our press office. The initial period of suspension is 6 weeks. If the objection is unsuccessful, we will serve the NOD and the applicant can then appeal to the First-tier Tribunal against any NOD served. And people in low-income or blue collar jobs would see their retirements cut the most, as those populations have a lower life expectancy, meaning that they would enjoy even fewer years of retirement . How Health and Safety is Monitored and Reviewed The Equality Act 2010 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. We may also take this into account when determining any new application for registration. Safeguarding in the Early Years - Nursery Resources | Blog 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. See our directed surveillance policy for more information. The Tribunal must consent to the withdrawal. 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.

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