Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was, and is to be used until the new EYFS is finally implemented. 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). Statutory body or authority means a non-constitutional body which is set up by a parliament. Find out more about what we do. 2. If you would like to send your feedback, please write to us on team@nurserystory.co.uk. We will only use clear, proportionate and reasonable conditions. Define your Privacy Preferences and/or agree to our use of cookies. We may receive concerns that do not suggest a risk to the safety or well-being of children. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. These are: If you are registered on both the Early Years Register and the Childcare Register, you should refer to the Early Years Register enforcement actions section in the first instance. If we only suspend the registration in relation to their non-domestic premises, they will still be able to continue to operate from their domestic premises. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. In these cases, we may carry out regulatory activity or an inspection. Change to the name or registered number of the company or charity providing care. The document was developed and launched on 31 March 2021 by the, Each child is unique and experiences the world differently, Children need positive relationships with their parents and the entire community to develop healthily, Settings and Early Years practitioners should be ready and prepared to enable environments that offer children security, comfort, engagement and opportunity, as this is essential to helping with the childrens development, The entire community should work together to support childrens future development and promote and value diversity, How To Improve Your Setting Community Engagement. When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. They can then provide additional information. There is no obligation on a provider to accept a caution. For example, we may limit it to a particular setting or role. The provider should not assume that we will remove their registration under section 70A, for example, if the annual fee is not paid. The evidential test is a different test from the one that the criminal courts must apply. Ofsted will decide whether to discontinue a prosecution. We will do this when the conditions set out in legislation are satisfied. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. 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. For those on the Voluntary Childcare Register, we do this under section 66 of that Act. In most circumstances where notice is given, we will remove the provider from the register. 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. In this case, and when the providers inspection history does not give us cause for concern, we note the information so that it can inform the next visit or inspection. Ofsted is authorised under the Regulation of Investigatory Powers Act (RIPA) 2000 to carry out directed surveillance to prevent or detect a crime. See guidance on how to tell if you might be disqualified. The original four-column structure Development matters; Look, listen and note; Effective practice; Planning and resourcing has been replaced by three columns entitled: A Unique If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. It will not be retained by the inspector personally. Health means physical or mental health. They must include a copy of the notice against which the appeal is brought, and an appeal application form. In all instances, if a registered person operates more than one setting, cancellation will apply to all their settings. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. The law requires providers on the Childcare Register (except home childcarers) to display a notice of suspension. We will retain information about the concerns that led to suspension. 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. We will consider taking action against them where the investigation reveals that the offence was committed with their consent or connivance or was attributable to their neglect, and where it would be appropriate to do so in accordance with this policy. 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. Also, if a person is prosecuted for an offence, we may apply to cite details of any Ofsted caution as evidence of the persons bad character. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. We include information about the right to appeal against our decision to the First-tier Tribunal. We: Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. We do not routinely prepare press releases in advance of any prosecution, but we will respond to media enquiries through our press office about a prosecution or other matters. addressing financial hardships If early help is in place through the Focus Family approach, then issues which lead to Benefit Sanctions, such as We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. 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. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. 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. Providers may choose to use webcams and closed-circuit television (CCTV) to allow parents to see children and to allow managers to monitor staff and children. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children are suffering or likely to suffer harm. They apply to the early years providers and agencies that we regulate. This includes cancellation when we have been unable to establish contact with a provider and can no longer be satisfied that they are meeting the registration requirements. Childcare Register inspections are a compliance check, unlike other Ofsted inspections that focus on quality and standards of provision. what was the period, or extent, of the offending? We would love to chat with you! Understanding The Basics: EYFS 2021 And Non-Statutory Guidance, https://nurserystory.co.uk/cupboard/uploads/2021/06/Articles-Blurbs-The-basics-1-02.jpg, The Department for Education published the final. 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. In some cases, we may need to ask the provider for further information so we can find out whether the actions have been met. This framework will remain in force until further notice. This section applies to providers registered as childminder agencies. They do not need to tell us what action they took in response, but we will assess that action as part of the next visit or inspection. A registered provider must apply to Ofsted for approval before operating a nursery or other daycare from additional premises. 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 legal definition of harm is set out in section 31 of the Children Act 1989. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. If information comes from an anonymous source, we encourage them to speak directly to the provider. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. 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. If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. The Oxford Biblical Studies Online and Oxford Islamic Studies Online have retired. Except where we think ongoing enforcement action may be compromised, we will normally release details of all criminal convictions, when requested. This will set out the reasons for the refusal. This is sometimes also referred to as voluntary cancellation or resignation. Acknowledging the different ways children can perceive the world around them is fundamental to understanding the essence of each child and how best to support their development. If we waive disqualification, a person may then apply for registration. If an offence is committed by a registered provider, we will consider whether we should take regulatory enforcement action (such as cancellation of registration) instead of a criminal investigation. 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. Content you previously purchased on Oxford Biblical Studies Online or Oxford Islamic Studies Online has now moved to Oxford Reference, Oxford Handbooks Online, Oxford Scholarship Online, or What Everyone Needs to Know. 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. There are some circumstances, however, where it will be necessary to make the application without notice to the registered person. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. If we receive any concerns about safeguarding or allegations of abuse, we will refer them to the relevant local authority childrens services and/or the police. Early years education providers, including schools, must meet the paediatric first aid requirements set out in the statutory framework for the early years foundation stage (EYFS). 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. Development Matters is the non-statutory curriculum guidance for the Early Years Foundation Stage that was revised and published in September 2020 and is to be used until the new EYFS is finally implemented. If we decide to waive a disqualification, the letter we send will explain the circumstances that apply to our decision. A relevant criminal offence also includes those associated with any offence, for example aiding, abetting, counselling, procuring or conspiring to commit a relevant offence. This framework will remain in force until further notice. However, when viewed in the context of other recent events and information, it may suggest greater concern. This is because it may jeopardise other agencies investigations. An offence, we may proceed to cancellation if we decide to waive a disqualification, the makes! Factors relating to harm of other recent events and information, it may jeopardise agencies... 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