The relevant criminal offences are listed in Annex B. We can suspend registration for all of a providers settings or in relation to particular premises. Emergency orders take effect immediately and apply to all settings under a single registration. This would include telling us about a disqualification. The childminder agency remains registered until 28 days after we have served the NOD to cancel. 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. Therefore, we will check that the whole premises are suitable. We will identify and prosecute any person (including, for example, individuals, bodies corporate or unincorporated associations), where we consider this is warranted. Death or illness of, or serious accident or injury to, an adult on the premises. Health and Safety Requirements in Nursery Setting - UKEssays We may also seek to impose conditions in an emergency. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. If someone is already registered with us and we decide not to waive disqualification, we will write to the registered person explaining our refusal. A provider may be registered on both the Early Years Register and the Childcare Register. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. This means that childminders registered with the agency are still able to operate. The early years setting are bound by safeguarding legislation, so it is important that the EYP understand and implement safeguarding policies and procedures If there is any concern with regards to a child's well-being, safeguarding or any behavioural issues, the early years practitioners will be responsible for taking the necessary action. Early years providers must meet the requirements of the EYFS. PDF Children's safety and Security in the nursery - Small World Nursery Dont include personal or financial information like your National Insurance number or credit card details. 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. However, we will not impose at this stage a condition that replicates a legal requirement. This policy should be read alongside other guidance documents: The legal basis of our enforcement work is set out in the Childcare Act 2006 and its associated regulations. The waiver process and registration process are different processes. DfE Clarification on medicines in early years settings Not allowing children to use equipment/apparatus without adult supervision. All rooms and equipment used by children and young people should have regular checks to ensure . Policies and legislation affecting Early Years Practitioners - UKEssays We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). 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). If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. This is sometimes also referred to as voluntary cancellation or resignation. They must include a copy of the notice against which the appeal is brought, and an appeal application form. These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. 7. The Code was updated January 2015. 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. Marriage and civil partnership. Corporate Security Officer. If we have concerns about the childminder agency, we will keep the information on record as we may wish to consider this should they seek future registration with Ofsted. However, when viewed in the context of other recent events and information, it may suggest greater concern. what was the suspects level of involvement? It is that the person may: Harm is not defined in the legislation. We will retain information about the concerns that led to suspension. Safeguarding in the Early Years - Nursery Resources | Blog We will send an NOI to cancel at the same time. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. to what extent has the suspect benefited, or intended to benefit, from the offence? Childminder agency applicants may withdraw their application for registration at any stage. For example, some require a suspect to have had an opportunity to make representations. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. We consider all of the information available to us, including whether the person is previously known to Ofsted. We must make clear that, to do this, we may carry out our own enquiries to determine that the registered setting continues to be fit to provide a service. The registered person can appeal to the Tribunal against each period of suspension. 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. See forms and other information for the First-tier Tribunal. 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. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. In some cases, we will have taken other enforcement action before taking steps to cancel. 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. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during that the interim period. staff and parents/carers being aware of e-safety issues. We must record this decision on our internal system. It lasts until we revoke it. 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. You have accepted additional cookies. The letter sets out the actions that a childminder agency must take by a certain date to meet the requirements. 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. Figure 14.1 has been used by a number of commentators to illustrate the difference between preventive services, designed to reduce the likelihood of However, a provider may be able to guess their identity from the information provided. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. This will set out the reasons for the refusal. We can cancel an agencys registration with an NOI under section 69B of the Childcare Act 2006. Ofsted is the Office for Standards in Education, Childrens Services and Skills. We must write to the registered person and tell them that the law requires us to cancel their registration. We have the power to impose conditions at the point of registration. At the same time, EYPs It also provides guidance on good practice. 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. Change to the registered person, nominated individual or manager. This will usually be an inspection but may be other regulatory activity. For example, did it end voluntarily and before Ofsted discovered it, or on our discovery? 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 may monitor compliance with the notice. 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. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. 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. We will also consider referral to the DBS or other agencies if appropriate. See our directed surveillance policy for more information. The children's Act 1989. The NOD will include information about the right to appeal to the Tribunal. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). 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. It could save time, money and. press Ctrl + P on a Windows keyboard or Command + P on a Mac 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. 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. The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . 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. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. Early Years Policies and Procedures | The Link - Slough Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. Applicants for the compulsory part of the Childcare Register may withdraw their application at any stage up to the point when an NOI to refuse registration has been served. Health means physical or mental health. Policies and Procedures - childbase We will retain information about the concerns that led to suspension. 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. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. The act specifies duties that employers and employees must fulfil. Health And Safety In Childcare Settings Early Years A warning letter sets out the offence that we reasonably believe is being committed. 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. In England, the Early Years Foundation Stage (EYFS) accordingly places clear duties on providers to keep children safe and promote their welfare. act immediately on any information that suggests that the welfare of children is not safeguarded or that they are at risk of harm or being harmed. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. 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. The DBS is responsible for deciding whether to include a person on a barred list. Unit 2.3 Health and Safety Legislations - Revise Easy For expedited appeals, the Tribunal will give notice as soon as the hearing is set. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. 1.1 Outline the legal requirements and guidance for: health and safety 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. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? We will monitor a providers compliance with the suspension, usually by carrying out an unannounced visit to the suspended premises at least once within each 6-week period of suspension. 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. Learning outcome: 1. We will review their response and may visit or inspect again to check that they are meeting all the regulations. It will also support your continuous professional development in line with the Early Years Teachers Standards. When we decide to revoke a notice, we send the person confirmation of our decision in writing. We will share as much information about the concern as possible so that the registered person has enough information to be able to address the concern. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). 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.
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