With a week remaining before Crossover Day, activity hit a fever pitch in the Capitol on Monday. 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. The purpose of this policy is to ensure the safety of children and colleagues within the nursery, in the event of an emergency which may result in evacuation. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. 7919. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? 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. If the concern is about the manager at the setting, we only communicate with the registered person through their nominated individual. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. [footnote 1]. Boggo Road Gaol in Brisbane, Australia, was Queensland's main jail from the 1880s to the 1980s, by which time it had become notorious for poor conditions and rioting. 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. how serious was the harm (whether actual harm or potential harm)? Although enforcement action such as suspension or cancellation does not necessarily stop the provision of childcare for which registration is not required, it will impact on the providers registration. 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. 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. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. The Ofsted caution is non-statutory and not recorded on the Police National Computer. 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. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. When a registered childminder agency has failed to respond and/or we have lost confidence in their ability to make and sustain improvements to meet regulations, we may decide to cancel their registration. This will set out the reasons for the refusal. 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. We consider a waiver application before, and separately from, any application to register. Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. 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. 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. When actions are set following regulatory activity, then 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. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. Well send you a link to a feedback form. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. It also provides guidance on good practice. 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 would include telling us about a disqualification. They ensure and endorse the well-being of all families, children, staff, volunteers and everyone who is connected to the setting. 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. The Level 2 Diploma for the Early Years Practitioner (England) is an occupational qualification for candidates who work in Early Years Settings in England. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. Limiting the decision to waive disqualification in this way means that the individual has to reapply if their circumstances change or the risk to children changes. An Ofsted caution is not disclosable as a part of any DBS check. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. CCTV is a popular way of assisting in the security of workplaces. We will also consider referral to the DBS or other agencies if appropriate. 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. The following examples are to be kept confidential; enrolment forms, family's health insurance . Some enforcement actions allow periods for written representations and appeals before the action takes effect. A court may only convict if it is sure that the defendant is guilty. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . Four guiding principles should shape practice in early years settings. We may receive concerns that do not suggest a risk to the safety or well-being of children. If we intend to refuse an applicants registration, we will serve an NOI. 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 any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. The disqualification provisions are set out in section 75 and section 76 of the Childcare Act 2006 and in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. When a registered provider has failed to respond and/or we have lost confidence in their ability to make and sustain improvements to meet regulations, we may decide to cancel their registration. Failure to notify us of these events, without reasonable excuse, is an offence. 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. 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. The registration requirements are outlined in our registration guidance for childminder agencies. 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. Inspectors should only take photographs using Ofsted mobile telephones or an Ofsted tablet computer. The agency may object. The relevant criminal offences are listed in Annex B. 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. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. Information may not suggest a risk when viewed in isolation. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. We assess all the information we receive against the details we already hold about the registered provider or setting to decide on the appropriate action to take. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. Some enforcement steps can only be taken through the NOI and NOD process. 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. We do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. 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. In most circumstances where notice is given, we will remove the provider from the register. This course will ensure your practice is in line with the requirements of the Early Years Foundation Stage, The Early Years Framework and The Foundation Phase. If sharing the information could compromise another agencys investigation, we exercise caution and check with internal managers and, if possible, the agency before doing so. 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. This also applies to anyone connected with the application. Learning outcome: 1. It is also an offence for a disqualified person to be directly involved in the management of the provision. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. We may issue a warning letter where we have a reasonable belief that an offence is being committed. Outline, Pages 7 (1670 words) Views. would an alternative disposal be appropriate in all of the circumstances and meet the needs and seriousness of the case? Yes (no qualification to any person, and not required to notify Ofsted of action taken), Serious accident (including food poisoning affecting 2 or more children) or injury to, or death or illness of, any child while in their care, and the action taken (see, Yes (not required to notify Ofsted of action taken). 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. Children's safety and Security in the nursery Links to Early Years Foundation Stage: Safeguarding and Welfare Requirements: Safety and suitability of premises, environment and equipment: Safety 3.53, 3.56-3.65 Policy statement We maintain the highest possible security of our nursery premises to ensure that each child is 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. Disposition definition, the predominant or prevailing tendency of one's spirits; natural mental and emotional outlook or mood; characteristic attitude: I'd like to thank the general manager for his hospitality, kindness, and always cheerful disposition. 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. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. Get quality help now writer-marian Verified writer Proficient in: Health 4.8 (309) A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. We suspend registration if we reasonably believe that the continued provision of childcare by the registered person to any child may expose the child to a risk of harm. A provider may be registered on both the Early Years Register and the Childcare Register. You can also use these options and change the printer destination to save the content as a PDF. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. Early years providers must meet the requirements of the EYFS. Check benefits and financial support you can get, 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. Sexual orientation. 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. We can do this when a provider is first registered or at any time afterwards. Therefore, we will check that the whole premises are suitable. The Tribunal must consent to the withdrawal. They apply to the early years providers and agencies that we regulate. 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. If we decide to refuse registration, the notice remains in effect. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. If we do not uphold the objection, we will set out the reasons in the outcome letter. Former offences under the Children Act 1989 may be subject to prosecution if the offence took place before 1 September 2008. It is an offence to provide childcare on non-approved premises. For example, we may limit it to a particular setting or role. Under section 72 of the Childcare Act 2006, if there is evidence that a child, for whom later 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 order to: A registered provider may give notice to Ofsted for removal from the register under section 70 of the Childcare Act 2006. When deciding whether there is sufficient evidence to prosecute, we may consider: In every case in which there is sufficient evidence to justify a prosecution, we will go on to consider whether a prosecution is required in the public interest. It was designed to protect employees in the workplace and applies to settings with 5 or more employees. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. The NOD will include information about the right to appeal to the Tribunal. We serve an NOI setting out the reasons for the action proposed. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. We may also seek to impose conditions in an emergency. 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. We may send a warning letter without seeking to carry out a PACE interview under caution with the suspect. 6. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. They should also demonstrate how the action taken This does not automatically mean we will grant registration. This will include all settings within the registration. 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. The letter sets out the actions that a provider must take by a certain date to meet the requirements. 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. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. Suspension would apply to their non-domestic premises too. A registered provider may give notice to Ofsted for voluntary removal from the register under section 70 of the Childcare Act 2006. The protected characteristics listed in the Act are: 1. What legislation does this framework refer to? does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? We may receive a concern about a registered provider on the Childcare Register. 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. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. The evidential test is a different test from the one that the criminal courts must apply. has actual harm been caused or was there a risk of harm being caused? If we are no longer concerned that a person may be providing childminding, we will revoke the notice. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served.