In order to keep children safe, we may also have to share the information we have received with other organisations. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. Over the years many local authorities have made changes to improve record keeping in children's services, including early years settings. In these circumstances, the childminders that were registered with the agency will have to apply to register with Ofsted or another agency if they wish to continue. If a provider refuses a caution, we will usually proceed to prosecution. See further guidance on the provisions for rehabilitation of offenders. We consider a waiver application before, and separately from, any application to register. We can do this when a provider is first registered or at any time afterwards. We will notify the applicant in writing, usually by email, of our decision. This does not automatically mean we will grant registration. - The child's requirements arising from race, culture, language and religion be taken into account. In February of 2019, 43 Mexican migrant workers who were survivors of labour trafficking were freed when the Ontario Provincial Police and the Canada Border Services Agency conducted a raid in Barrie and Wasaga Beach. It is also an offence to knowingly employ a disqualified person in connection with this provision. We would also expect providers to do the same with inspectors on visits/inspections. 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. A court may only convict if it is sure that the defendant is guilty. The protected characteristics listed in the Act are: 1. 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. In this case, the person may make an objection to Ofsted. Emergency orders take effect immediately and apply to all settings under a single registration. It is important that media enquiries are directed to our press office. We will also review all information to see if it is appropriate to pass on to the provider to help them take the action they need to. 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 inspect and regulate services that care for children, and services providing education and skills for learners of all ages. 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. This can be announced or unannounced. It describes what we can do if registered providers are failing to meet the requirements of the Early Years Register or conditions of registration. Four guiding principles should shape practice in early years settings. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. The waiver process and registration process are different processes. 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 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. In most circumstances where notice is given, we will remove the agency from the register. It is an offence for a provider registered on the Early Years Register and/or compulsory part of the Childcare Register to fail to comply with a suspension notice. Not allowing children to use equipment/apparatus without adult supervision. This includes notifying us of any other significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises on which childcare is provided to look after children. We are likely to cancel registration where: The above list is not conclusive, however, and we may proceed to cancellation in other circumstances where grounds to cancel exist, and it is reasonable and proportionate to do so. If we have served a WRN to a provider, we usually check compliance with it after the due date has passed and usually within 5 days of that date by either: The inspector will decide how to monitor compliance with the WRN, including whether monitoring visits will be announced or unannounced. does the suspect have any previous convictions or cautions, or have they previously been sent warning letters, for similar offences? Sexual orientation. If an inspector carries out a monitoring visit and the registered person is operating in breach of the suspension notice, the inspector must caution them, as it is an offence to fail to comply with the suspension notice, and record any response in their evidence. However, they need to understand the constraints that this can place on our actions. Well send you a link to a feedback form. When we decide to revoke a notice, we send the person confirmation of our decision in writing. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. 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. These are: Early Years. You can also use these options and change the printer destination to save the content as a PDF. Dont include personal or financial information like your National Insurance number or credit card details. It informs the person that if they are committing the offence, they should stop immediately. Some enforcement steps can only be taken through the NOI and NOD process. They will also update the published outcome summary to show whether the WRN actions have been met. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. Days and hours during which later years childcare is to be provided. The letter makes it clear that the provider must record the information and the action they have taken in their complaints record. We may consider these further if a provider reapplies for registration. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. We do this to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as our notices of suspension can contain personal or sensitive information. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. 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. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. The setting displays the names of the designated fire officer and assistants. A warning letter sets out the offence that we reasonably believe is being committed. Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Policy and procedure guidelines. This will not result in disqualification. Legislation at all levels can serve several purposes. If we proceed to serve an NOD refusing registration, it means a person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. The provider may object. 7919. 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. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. We may also seek to impose conditions in an emergency. This might be evidence from monitoring visits and/or an inspection, or other evidence that the person appealing wants to provide. Our relevant regional team will decide on the next step. has there been a failure to comply with a formal notice imposed by Ofsted to address a risk of harm, such as a notice of restriction, suspension or emergency condition? The quotation "all men are created equal" is part of the sentence in the U.S. Sex. These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. We will do this by asking ourselves the questions at b) and c). We will only use clear, proportionate and reasonable conditions. We must record this decision on our internal system. Otherwise, the application will be refused. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. If appropriate, we encourage the person to apply for registration. This is sometimes also referred to as voluntary cancellation or resignation. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. 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. We may take an Ofsted caution into account when making any judgements about the registration of a person or body, including their suitability to be registered. The notice includes as much information as possible about why we believe the continued provision of childcare exposes children to a risk of harm. It is also likely to be in the public interest to prosecute where not holding the person to account is likely to undermine public confidence, or the confidence of registered providers, in the system of regulation. Childminder agencies are responsible for supporting and quality assuring the childminders who are registered with them. 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. Ofsted neither endorses nor prevents the use of CCTV. The learning and development requirements are given legal force by an Order 2 made under section 39(1)(a) of the Childcare Act 2006 . It is an offence to fail, without reasonable excuse, to comply with a condition of registration. In this case, the provider may make an objection to Ofsted. However, a provider may be able to guess their identity from the information provided.