security legislation in early years settings security legislation in early years settings

Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. We do this to allow the registered provider to take action before we do. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. press Ctrl + P on a Windows keyboard or Command + P on a Mac The provider may object. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. However, we will not impose at this stage a condition that replicates a legal requirement. 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. Health means physical or mental health. We use some essential cookies to make this website work. This happens if they live on premises where a disqualified person lives or works. If we cancel a childminder agencys registration with Ofsted, any childminders who are registered with the agency (unless they are disqualified or we think they may be disqualified) will have their registration transferred to Ofsted when the decision takes effect. The applicant may make an objection to Ofsted. Some regulatory cases will remain open until we know the outcome of any legal action. We may issue a warning letter and go on to determine whether an offence has been and/or is continuing to be committed. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. If the objection is not upheld, we will serve an NOD and the applicant may choose to appeal to the First-tier Tribunal. Not allowing children to use equipment/apparatus without adult supervision. 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. 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. It informs the person that if they are committing the offence, they should stop immediately. Prosecution for some offences can only be brought after we have taken certain procedural steps. Failure to comply with the notice is an offence. Change to the name or registered number of the company or charity providing care. It is also an offence for a disqualified person to be directly involved in the management of the provision. As an appeal may take some time to process, we will usually carry out monitoring visits or further inspections during the interim period. CCTV is a popular way of assisting in the security of workplaces. The enforcement action we take is set out in the legislation. At the time of his birth, Ted Cruz's parents had lived in Calgary for three years and were working in the oil business as owners of a seismic-data processing firm for oil drilling. Policies and procedures help and guide all staff working in the setting. Section 68 of the Childcare Act 2006 sets out grounds for cancellation as follows: If a registered person has become disqualified, then we must cancel registration as this is a mandatory ground for cancellation. We must write to the registered person and tell them that the law requires us to cancel their registration. We consider a waiver application before, and separately from, any application to register. We may specify the extent to which we agree to waive a disqualification. Where possible, we send the NOD at the same time as the outcome letter. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. We must also agree with the other organisations what information we can share with the registered provider about the concern. The law gives Ofsted a range of powers to regulate early years settings. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. Four guiding principles should shape practice in early years settings. If a provider refuses a caution, we will usually proceed to prosecution. was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? Throughout this process, we continue to monitor the providers compliance with the relevant requirements and, importantly, any risk to children. 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. 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. This is because we try, where appropriate and in the interests of children, to give providers time and opportunity to put matters right. Disability. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. There are a number of offences linked to providing unregistered childcare. how serious was the harm (whether actual harm or potential harm)? However, they must do so when we request it, for example for us to sample childminders as part of our inspection of the agency. You can also find your print and save options in your browsers menu. The agency may object. 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. The evidential test is a different test from the one that the criminal courts must apply. There is no obligation on a provider to accept a caution. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. The DBS is responsible for deciding whether to include a person on a barred list. See guidance on how to tell if you might be disqualified. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. Yes (except nannies) (The General Childcare Registration Regulations, schedule 3, paragraph 26(b) refers to suitability rather than just change of details). These people must be over the age of 16 years. 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. Find out more about what we do. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. All evidence, including any handwritten evidence, is securely transferred to Ofsteds systems for storage. 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. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. A failure to meet this requirement may lead us to consider taking enforcement action. At this point, the decision takes effect, unless the provider has appealed to the First-tier Tribunal, in which case the provider remains registered until the appeal is determined. 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. The sudden serious illness of any child for whom later years provision is provided. Why do early years settings need to consider this? The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. They must include a copy of the notice against which the appeal is brought, and an appeal application form. Marriage and civil partnership. The provider commits an offence if they fail to carry out the WRN actions within the specified time. It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. 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 serve an NOD until 14 days after service of the NOI, unless an objection is received. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. Suspension gives us or other agencies, such as the police or the local authority, the time to investigate concerns or look into/carry out enquiries. In most circumstances where notice is given, we will remove the provider from the register. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. 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. Policy and procedure guidelines. In these cases, we would always discuss this with the complainant before doing so. Any setting should have clear policies and procedures about all aspects of health and safety. 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. During that time, childminders registered with the agency are still able to operate. They will also update the published outcome summary to show whether the WRN actions have been met. If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. If the inspector believes the registered person is obstructing them, this is a criminal offence and so the inspector will consider whether it is appropriate to caution the person about their rights under the Police and Criminal Evidence Act 1984 (see the Prosecution section) before asking them further questions. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. Even if we uphold the providers objection to these other issues, we must still serve a notice of our decision to cancel the registration on the grounds that the registered person is disqualified, unless they provide evidence that the information we have about the disqualification is inaccurate and they are not disqualified. There are some examples of when providers have their registration cancelled and are not disqualified, for instance: If a provider whose registration is cancelled carries on operating, they will be committing a criminal offence and we may prosecute. 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. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. Ofsted neither endorses nor prevents the use of CCTV. 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. The appeal must be made in writing within 28 days of the date of our decision letter. This will determine whether any safeguarding or enforcement action is required. See Disqualification and waivers section for further information. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. 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. 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 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. 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. Health and Safety management systems work . 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. 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. If a person has previously received a caution, we would not normally consider issuing a further caution. The following examples are to be kept confidential; enrolment forms, family's health insurance . A case that does not pass the evidential test must not proceed, no matter how serious or sensitive it may be. 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. We consider information about unregistered services and provision on unapproved premises and take appropriate action. We also write to all parents and carers of children on roll to inform them of our decision to suspend the registration. 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. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? to what extent has the suspect benefited, or intended to benefit, from the offence? 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. A court may only convict if it is sure that the defendant is guilty. When we receive information or allegations that suggest a breach of relevant regulations or legislation, we check whether children are at risk of harm and/or whether a provider is complying with the law. In order to keep children safe, we may also have to share the information we have received with other organisations. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. For those registered on the Early Years Register and the Childcare Register, the law requires us to cancel the registration of a registered person who becomes disqualified. If any of the other grounds for cancellation apply, then we may cancel registration as these are discretionary grounds for cancellation. 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 Health means physical or mental health. In these cases, we consider the impact of the information and whether the suspension remains an appropriate step. If the annual fee is not paid, we will cancel the registration unless we are given notice that the provider wants to be removed from the register. 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. This document is to help managers of early years settings (including wrap around care for the early years age group) ensure their online safeguarding practice is in line with statutory. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. We may carry out checks on childminders so that we can establish whether they are disqualified. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. With a week remaining before Crossover Day, activity hit a fever pitch in the Capitol on Monday. Dont worry we wont send you spam or share your email address with anyone. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. See more. have the suspects actions negatively impacted on a third party? 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. Applicants for the voluntary part of the Childcare Register only may withdraw their application for voluntary registration at any stage. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. It may also be possible to request a paper hearing of the appeal. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. This is known as the 50% rule. For providers registered on the Early Years Register and 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. Health means physical or mental health. We expect the registered person to demonstrate how the action taken is improving the standards of the agency, as well as the standards of the agencys employees and childminders registered. - definition and types of abuse. 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. The suspension is lifted as soon as we inform them. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. We do this to comply with the Data Protection Act 2018 and GDPR, as our notices of suspension can contain personal or sensitive information. The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. The Early Years Foundation Stage sets the foundation of safeguarding measures for early years providers to follow. 5. 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. We consider all of the information available to us, including whether the person is previously known to Ofsted. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. In this case, the person may make an objection to Ofsted. 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. 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. We will write to the agency to let them know we have done this. Ofsted will decide whether to discontinue a prosecution. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this.