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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. If the information suggests risk of harm, we may use our urgent enforcement powers. Failure to notify us of these events, without reasonable excuse, is an offence. 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. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. This is in addition to the body corporate being guilty. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. If actions are set during regulatory activity outside of inspection, we will issue the provider with an actions letter. Providers will be asked to supply relevant contact details for parents and carers, including email addresses. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk These requirements are: Every setting must to have a health and safety policies and procedures and there must to a regular risk assessment. 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. Some enforcement steps can only be taken through the NOI and NOD process. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. Outline, Pages 7 (1670 words) Views. Race. Relevant offences under the Childcare Act 2006 apply to childminder agencies. However, if the reason for refusal of approval of additional/different premises relates to, for example, leadership and management or suitability of the provider, then we may consider other enforcement steps. The party that requested the withdrawal can apply to have its case reinstated. Some regulatory cases will remain open until we know the outcome of any legal action. Development means physical, intellectual, emotional, social or behavioural development. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. Otherwise, the application will be refused (sections 51a and 61a of the Childcare Act 2006). Policy and procedure guidelines - Early Childhood Education and Care requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. Safeguarding in Early Years - Getting record keeping and See Disqualification and waivers section for further information. If we waive disqualification, a person may then apply for registration. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. Legislations are important throughout any work environment and society as without them we are not protected from hazards and promoting safety in the workplace. This does not apply to a person who is registered only on the voluntary part of the Childcare Register. It may also be possible to request a paper hearing of the appeal. Accidents, Illness and Emergencies in the Early Years Setting - Phdessay We can do this when a provider is first registered or at any time afterwards. 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. If appropriate, we encourage the person to apply for registration. Health and safety - Getting it right in early years settings | Earl However, we will not impose at this stage a condition that replicates a legal requirement. Details of any order, determination, conviction or other ground for disqualification from registration that affects either: Details of any criminal convictions and cautions of the nominated individual or anyone applying to register to provide later years provision. We will retain information about the concerns that led to suspension. The National Cyber Security Centre (NCSC) has published its bespoke guidance for early years education and childcare settings, offering practitioners top tips on how to protect their devices and data from cyber incidents. 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. They can apply to us to waive their disqualification. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. Marriage and civil partnership. We serve an NOI setting out the reasons for the action proposed. Serious Case Reviews (SCRs) continue to highlight failings in how and what information is recorded when there are concerns about a child, as well as how, when and with whom it's shared. 1.1 Describe the factors to take into account when planning healthy and safe indoor and outdoor environments and services. 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. 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). They will also update the published outcome summary to show whether the WRN actions have been met. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. We exercise these powers to reduce the risk of harm to children who use regulated early years services, as well as to protect children from unregistered services, to enforce compliance with the law and to improve the quality of services. The law gives Ofsted a range of powers to regulate early years settings. We can only consider extending a suspension beyond 12 weeks if one or both of the following apply: 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. 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. They are based on four overarching principles, including: Children learn and develop best in an enabling environment Children are unique, learn constantly and can become resilient, capable, confident and self-assured This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. This module will explore the changing features of different Early Years settings, working with other professional and the skills and the core skills of those workers. Safeguarding procedures in early years' setting have been created to ensure that the children are being provided with effective and safe care, and all efforts are being made to ensure that they have the best possible future. to what extent was the offending premeditated and/or planned? The quotation "all men are created equal" is part of the sentence in the U.S. If information comes from an anonymous source, we encourage them to speak directly to the provider. Development means physical, intellectual, emotional, social or behavioural development. The appeal must be made in writing within 28 days of the date of our decision letter. 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. 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. 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. The protection of children is paramount to our approach to enforcement. If a childminder agency is not meeting the requirements of the relevant regulations, but the inspector judges that leadership has the capacity to remedy this quickly, we will set actions. However, we cannot always tell registered providers the full reasons for the suspension if other agencies are involved, such as the police. When a young person is unable to take decisions regarding confidentiality, either because of lack of maturity or because of the seriousness of a mental illness or learning disability, then the child's parents or those with parental rights and responsibilities will need to be informed and consulted as necessary to help them to make any decisions We will not impose, at this stage, a condition that replicates a legal requirement. We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. It will take only 2 minutes to fill in. You have accepted additional cookies. For providers registered on the Early Years Register and the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. It is for providers to decide whether these arrangements are appropriate and operated in line with the GDPR, the Data Protection Act 2018 and the Human Rights Act 1998. It is an offence if they do so. 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. 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. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. See more. Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. For registered providers, the burden of proving the case rests with Ofsted. The provider commits an offence if they fail to carry out the WRN actions within the specified time. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. The legal definition of harm is as set out in section 31 of the Children Act 1989. Legislation | early years alliance This will include all settings within the registration. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. The circumstances that cause disqualification are set out fully in the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. 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. 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? 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. Providers on the Childcare Register must meet the requirements of The Childcare (General Childcare Register) Regulations 2008. 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. It does not give us any discretion not to do so. The person is therefore liable to be proceeded against and punished accordingly. If you work in Early Years it is important you comply with safeguarding measures and understand fully what safeguarding is, understand the different types of abuse and your role in terms of safeguarding. 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. This guidance from the NCSC has been produced to help practitioners working in Early Years settings to protect the data and devices you probably use every day. Under the same Act, providers have a legal duty to refer to the DBS when the conditions are met, and it is an offence to fail to provide relevant information to the DBS without a reasonable excuse. The initial period of suspension is 6 weeks. The DBS is responsible for deciding whether to include a person on a barred list. is the offending likely to be continued, repeated or escalated? Children are encouraged to maximise the benefits and opportunities Emergency orders take effect immediately and apply to all settings under a single registration. The legislation states that Ofsted can impose any condition on a providers registration that it thinks fit. The suspension is lifted as soon as we inform them. You can also find your print and save options in your browsers menu. The protection of children is paramount to our approach to enforcement. However, if these objections are not upheld, an NOD will be served against which an agency may appeal. This also applies to anyone connected with the application. how serious was the harm (whether actual harm or potential harm)? 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. See guidance on how to tell if you might be disqualified. The Tribunal must consent to the withdrawal. to what extent has the suspect benefited, or intended to benefit, from the offence?