We will only use clear, proportionate and reasonable conditions. Protected FedEx personnel, guests, and properties through patrol, access control, and loss prevention duties. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. If the inspector makes a visit or contacts the provider before some actions are due to be completed, they will review and record evidence about the progress the provider is making. [footnote 1]. The legal definition of harm is as set out in section 31 of the Children Act 1989. 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. Sexual orientation. Registered persons on the Early Years Register and/or Childcare Register must tell us about any information that disqualifies them or disqualifies them by virtue of living with a disqualified person (where childcare is provided in domestic settings or under a domestic premises registration). This means that the Tribunal may take account of evidence that has come to light since the original decision was made. It will also support your continuous professional development in line with the Early Years Teachers Standards. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. The DBS is responsible for deciding whether to include a person on a barred list. These people must be over the age of 16 years. When we decide to revoke a notice, we send the person confirmation of our decision in writing. It will not be retained by the inspector personally. Failure to notify us of these events, without reasonable excuse, is an offence. Teaching children safe methods for carrying equipment, such as scissors or chairs. We may receive a concern about a registered provider on the Childcare Register. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. We will only use clear, proportionate and reasonable conditions. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . However, we will only suspend where we believe there may be a risk of harm. to what extent was the offending premeditated and/or planned? 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. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. The letter sets out the actions that a provider must take by a certain date to meet the requirements. Development means physical, intellectual, emotional, social or behavioural development. Good practice. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. Applicants may not withdraw their application after that point unless we agree they can do this. We expect providers to be open and honest with us when providing these contact details and ensure that details are provided for all children who attend, including family members and those who may only attend part time and/or only before and after school. to what extent has the suspect benefited, or intended to benefit, from the offence? Registered providers must tell Ofsted about serious incidents or changes to their registration as soon as practical, but within 14 days. See guidance on how to tell if you might be disqualified. Marriage and civil partnership. The Tribunal must consent to the withdrawal. We may respond to concerns in one of the following ways: We inform the registered provider (or its nominated individual) that we are looking at a concern and of any information we have that suggests non-compliance. Disability. 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. EYFS 2017 If providers have concerns about children's safety or welfare, they must notify agencies with statutory responsibilities without delay The setting's safeguarding policy and procedures must cover the use of mobile phones and cameras in the setting. We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. For example, we could be trying to contact them to arrange an inspection or confirm they are caring for children, or because we want to talk to them about their registration. Visitors to the setting must be signed in and recorded in the visitor's book. We will not serve an NOD until 14 days after service of the NOI, unless an objection is received. It is an offence for a person who is so disqualified to: A childminder agency must not employ a person disqualified from registering as a childminder agency in any capacity that involves being directly concerned in the management of a childminder agency or where they may enter premises on which early or later years childcare is being provided. Ofsteds prosecution function is an important part of its wider regulatory enforcement approach, which aims to safeguard children. 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. 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. 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. Health means physical or mental health. We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. 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. Registered persons, therefore, must understand and act on their obligations to refer an individual to the DBS in the appropriate circumstances. The use of CCTV is not covered by the EYFS. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. The report or letter sets out the actions that a provider must take to meet the particular EYFS requirements, and the timeframe to do so. The First-tier Tribunal will give at least 14 days notice of the time and place of the hearing, or if this changes. Unlimited access to news and opinion. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. 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. We will use the information we have gathered in our inspection or regulatory activity to determine whether the registered provider: We will write and publish a report following an inspection. Neither party can apply for a review on the grounds that they do not agree with the decision. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? We ensure that we secure the agreement of those attending the strategy meeting to attend any tribunal, if necessary, and/or supply witness statements. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. 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. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. 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 information suggests risk of harm, we may use our urgent enforcement powers. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. Tribunal hearings take place around the country or remotely. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. The quotation "all men are created equal" is part of the sentence in the U.S. It gives learners information on the statutory legislation that drives a range of policies and procedures in early years settings. 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. 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. The legal definition of harm is set out in section 31 of the Children Act 1989.
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