Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. 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. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. 4. The applicant will need to keep the letter in case it is needed to show an inspector or new employer. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. If so, the Tribunal will usually try to ensure that the provider or applicant understands the process and what they need to do. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. Some convictions also lead to a person becoming disqualified from certain activities involving the care of children. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. In this case, the person may make an objection to Ofsted. There must to be a staff member requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. In most circumstances where notice is given, we will remove the agency from the register. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. It is used to regulate activities, authorize certain actions, supply resources such as funding, implement sanctions and permit or deny certain activities. 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. 3. Occasionally, we may have to reveal the identity of a complainant to allow a thorough review of the concern, or when action has resulted in a court or tribunal hearing. If the applicant, provider or childminder agency tells us, in writing, that they do not intend to appeal against the decision, the decision takes immediate effect. Age. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. 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. Health means physical or mental health. The children's Act 1989. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). Childminder agency applicants may withdraw their application for registration at any stage. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? Policies and procedures should outline . Legislation at all levels can serve several purposes. We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. Childminders registered with the agency can continue to operate until the agencys registration is cancelled. [footnote 1]. The protection of children is paramount to our approach to enforcement. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. We may, however, cancel a providers registration without taking any previous enforcement action if a concern is sufficiently serious and/or when children are at risk of harm. Change to the registered person, nominated individual or manager. Every early years settings must to keep a record of all accidents, incidents and emergence and any serious accidents, incidents and emergences must to be reported to Ofsted. Please see our guidance on how to object to an NOI. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 ("the 2007 Order") and the Early Years Foundation Stage (Welfare. However, we will not impose at this stage a condition that replicates a legal requirement. 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. 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 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. We have one form per day of which we track each staff member who is in the room and child by signing them in when they arrive and out when they . 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. This does not automatically mean we will grant registration. 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. Older toddlers (2years to 3 years) Pre-school (3 years to 5 years) Staff should always monitor and maintain health and safety and encourage safe working. Marriage and civil partnership. See guidance on how to tell if you might be disqualified. If the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. 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. Childminder agencies must also notify Ofsted if they believe an offence has been committed by one of their childminders and provide information as required. Ofsted has the power to waive disqualification. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. In some circumstances, we can impose, vary or remove conditions of registration. We will confirm our objection decision in writing. what was the suspects level of involvement? If you are a new setting or an existing one that would like any assistance with your HR . This will determine whether any safeguarding or enforcement action is required. 6. These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. If information comes from an anonymous source, we encourage them to speak directly to the provider. The Tribunal must send to both parties: Either party may apply to the Upper Tribunal for permission to appeal. The factors that you would need to take into account include Individual needs depending on their age or abilities, for example a child of two years may not be able to do the physical things of a child who id five years old. All investigations of criminal offences should be carried out having regard to any relevant principles contained in the Police and Criminal Evidence Act 1984 (PACE Act) and codes of practice. 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. Learning outcome: 1. These are: We have a range of enforcement powers to use in regulating childminder agencies, including: We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. It is an offence to knowingly do so. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. This applies to those registered on Part A of the General Childcare Register only. 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. We will consider whether to serve a WRN when leaders and managers or the childminder do not demonstrate an understanding of the requirements and we do not believe that they may have the ability to make the necessary improvements. 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. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. The registered person remains registered until 28 days after we have served the NOD to cancel. If we intend to refuse an applicants registration, we will serve an NOI. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. This is sometimes also referred to as voluntary cancellation or resignation. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. Covering Phoenix, Mesa, Glendale, Scottsdale, Gilbert, the valley . These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. This is to make parents and the public aware of any concerns and action taken at the childcare setting. 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. Ofsted will decide whether to discontinue a prosecution. This is known as the 50% rule. We may issue a caution against any person, whether registered with us or not, who commits an offence for which we are the prosecuting authority. However, 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. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. The types of enforcement actions we can take against providers breaching the requirements of the Childcare Register include: We will consider enforcement action where appropriate, including for those providers that are registered only on the voluntary part of the Childcare Register (and whose activities do not require registration). We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. If appropriate, we encourage the person to apply for registration. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. In these circumstances, the childminders that were registered with the agency will have to apply to register with Ofsted or another agency if they wish to continue. Well send you a link to a feedback form. 5. We must record this decision on our internal system. Pregnancy and maternity. This will depend on the nature and seriousness of the offence. Any setting should have clear policies and procedures about all aspects of health and safety. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. See Disqualification and waivers section for further information. 7919. This policy is also applicable where staff or individuals have been provided with setting issued devices for use off-site, such as a work laptop or mobile phone. Located on Annerley Road in Dutton Park, an inner southern suburb of Brisbane, it is the only surviving intact gaol in Queensland that reflects penological principles of the . Why not register today and enjoy the following great benefits: Free access to 4 subscriber-only articles per month. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. When we receive an application to register, Ofsted will consider whether the childminder agency meets, and is likely to continue to meet, the requirements of The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014. The evidential test is a different test from the one that the criminal courts must apply. 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. Since September 2014, all funded early years settings must have regard for the new Code of Practice, which sets out the provision of the new Act. Therefore, although the history of the registration will remain relevant, the Tribunal can also take account of evidence that has come to light since the decision to cancel was made, including evidence gathered at monitoring visits. In these instances, we also write to the provider giving them the information and asking them to take appropriate action. We can also use more than one type of enforcement action at the same time. This will include all settings within the registration. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. For providers registered on the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. 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. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. Over the years many local authorities have made changes to improve record keeping in children's services, including early years settings. However, we will not consider the convictions and cautions to be spent in relation to the suitability of a person if they are directly providing, involved in the management of, or employed in connection with childcare. We may receive a concern about a registered provider on the Childcare Register. If we have concerns about the provider, we will keep the information on record because we may wish to consider this should the provider seek future registration with Ofsted. The purpose of this legislation is to provide guidelines to safeguard young children, deterring them from being drawn into terrorism. 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. 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. It is also an offence to knowingly employ a disqualified person in connection with this provision. Sexual orientation. If the suspension notice relates only to particular premises, the registered person can continue to operate from other approved premises that are not suspended. It will not be retained by the inspector personally. It is important that media enquiries are directed to our press office. 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. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? If the concern does not prompt an immediate inspection, we may refer it back to the provider to take action and will check what they have done at their next Childcare Register inspection. 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. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. The more serious the offence, the more likely it is that a prosecution is required. Cruz has said that he is the son of "two mathematicians/computer programmers".

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