Policies and legislation affecting Early Years Practitioners - UKEssays In this case, the person may make an objection to Ofsted. 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 we intend to refuse an applicants registration for additional or different premises, we will serve an NOI setting out the reasons for the refusal. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. 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. DfE Clarification on medicines in early years settings We lift the suspension when we are satisfied that the grounds identified for suspending a registration, generally or only in relation to particular premises, no longer apply. Regulatory requirements for environments in early years settings Parents, students, or visitors are reminded not to allow entry to any . 9 ways to keep your nursery health and safety compliant - WorkNest This course will ensure your practice is in line with the requirements of the Early Years Foundation Stage, The Early Years Framework and The Foundation Phase. This would include telling us about a disqualification. 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. 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. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. If we refuse to approve additional premises, this will not necessarily impact on the providers registration. Development means physical, intellectual, emotional, social or behavioural development. It is also an offence to knowingly employ a disqualified person in connection with this provision. PDF Statutory framework for the early years foundation stage - GOV.UK 6. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. We consider a waiver application before, and separately from, any application to register. 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. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. Dont worry we wont send you spam or share your email address with anyone. 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. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. 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. 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. Its guidance goes on to state that harm is considered in its widest context and may include: In some cases, we may decide to refer an individual to the DBS before we have gathered all the evidence relating to misconduct, but when the limited information that we have satisfies the relevant tests for referral. The decision to prosecute and the way in which we pursue a prosecution will vary, depending on the offence and any actions that we must take first. 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. It is that the person may: Harm is not defined in the legislation. - definition and types of abuse. Staff have registers which include all of your child's details. has the suspect misled anyone as to their registration status? has actual harm been caused or was there a risk of harm being caused? The person can appeal to the Tribunal. We assess all the information we receive against the details we already hold about the registered provider or setting to decide on the appropriate action to take. 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. These specific requirements include statutory guidance; this guidance provider exactly what is required of them in the early years setting. 2083 Words 9 Pages Good Essays We will not be involved directly in these investigations. When we close a case, we must consider the information from others investigations in determining when to schedule our next inspection or whether we should carry out any further regulatory activity. We can use our power to refer where we think a person has either: The harm test is set out in section 45(3) of the Safeguarding Vulnerable Groups Act 2006. 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. We must write to the registered person and tell them that the law requires us to cancel their registration. To help us improve GOV.UK, wed like to know more about your visit today. We will write to the applicant to let them know we have done this. If we intend to refuse an applicants registration, we will serve an NOI. 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. A warning letter sets out the offence that we reasonably believe is being committed. This is in addition to the body corporate being guilty. 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. However, if a provider does not agree to this, the inspector will highlight Ofsteds legal power under section 77(d) of the Childcare Act 2006 to take measurements and photographs or make recordings. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. When an external agency investigates concerns and makes decisions about the welfare of children, we continually reassess whether the registered provider continues to meet the regulations and/or remains suitable for registration. However, if we have concerns about an applicant who withdraws their application, we will record our concerns and may consider them if the applicant applies to register in the future. 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. If any childminder is disqualified, they will need to apply to Ofsted for a waiver and apply to register in the usual way. We also explain to other agencies that the registered provider can appeal to the tribunal against some of the decisions we make. 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. The act specifies duties that employers and employees must fulfil. Inspectors will not include identifiable staff or children in any photographs they take. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. Section 70 of the Childcare Act 2006 sets out that a childminder agency may give notice to Ofsted of their wish to be removed from the register. This will set out the reasons for the refusal. It is an offence to care for children on the compulsory part of the Childcare Register while suspended. Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3. The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. 5. Although enforcement action such as suspension or cancellation does not necessarily stop the provision of childcare for which registration is not required, it will impact on the providers registration. Although Ofsted will participate in all relevant discussion about the suitability of the registered provider, we are not the decision-maker and do not take part in the decision-making process. If we have the power to waive that disqualification, we will follow our decision-making process. In 2015, the U.K. government passed the Prevent duty as a legal requirement for all registered early years providers and schools throughout Great Britain. 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 Policies and procedures should outline . At the same time, EYPs You can also use these options and change the printer destination to save the content as a PDF. The applicant may make an objection to Ofsted. 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. what was the period, or extent, of the offending? In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. Powerful Essays Cypop 1.2 Each of the nations within the UK has a set of welfare requirements or standards that must be met by the provider of early years care. press Ctrl + P on a Windows keyboard or Command + P on a Mac 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? Death or illness of, or serious accident or injury to, an adult on the premises. Race. An expedited appeals process will apply and the appeal must be determined by the Tribunal before the period of suspension ends. Applicants may not withdraw their application after that point unless we agree they can do this. headway of having my voice be heard beyond a very small and limited group of people already trained in constitutional law. We also review suspension on an ongoing basis to consider whether there continues to be a risk of harm to children. Outline current legislation, guidelines, policies and procedures We will do this only after considering factors such as the seriousness of the non-compliance, the impact on children, the history of the registered persons compliance, and other actions available to us. We may receive a concern about a registered provider on the Childcare Register. Once registration has been granted, if we are concerned that a requirement is not being met, we may use a condition as a means of enforcing that requirement. Ofsted may share information about registered providers and other individuals electronically with other agencies, such as the Department of Work and Pensions, His Majestys Revenue and Customs and the Student Loans Company. The children's Act 1989. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. We follow our safeguarding policy and statutory government guidance in Working together to safeguard children and will always carry out an assessment of risk on receiving any information. We will also notify them that it is an offence to operate until they are registered, including while an application is in progress. We cannot grant an application to register with Ofsted if the application indicates that any of the following individuals are disqualified from registration: We cannot consider the application to register unless: In these cases, we will inform the applicant of the reasons why we cannot grant the application to register. We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. PDF Children's safety and Security in the nursery - Small World Nursery Unlimited access to news and opinion. If the concern does not prompt an immediate inspection, we may refer it back to the provider to take action and will check what they have done at their next Childcare Register inspection. Safeguarding in Early Years - Getting record keeping and Ofsted requires all settings to have a set of policies and procedures. Where the question of whether harm suffered by a child is significant depends on the childs health or development, their health or development shall be compared with that which could reasonably be expected of a similar child. 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. This means that childminders registered with the agency are still able to operate. The protected characteristics listed in the Act are: 1. For example, some require a suspect to have had an opportunity to make representations. We will always consider whether there are further actions for us to take, for example making a referral to other agencies, including the DBS. However, we may share the information relating to the caution with other agencies in appropriate circumstances. Under section 73(10) of the Childcare Act 2006, applicants to the Early Years Register may withdraw their application at any stage up to when an NOI to refuse registration is served. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. However, for those applying to be registered, the law places the burden of proof on the applicant to demonstrate their suitability. Where a person who is not listed on the registration form tries to collect a child, they . Under the 50% rule, we cannot suspend providers from operating only on domestic premises. If we refuse registration, the person becomes disqualified from providing, being directly concerned in the management of, and employed in connection with childminding and childcare. When the law requires a registered person to display a notice of suspension, we issue a display notice at the same time as the notice of suspension. Ofsted is not the statutory authority for enquiries into specific child protection concerns under section 47 of the Children Act 1989. We inspect and regulate services that care for children, and services providing education and skills for learners of all ages. We may also notify other relevant agencies, as appropriate, under our information-sharing protocols. A person who is disqualified must not provide early or later years childcare provision that requires registration or be directly concerned in the management of this provision. It means that an objective, impartial and reasonable bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge. In considering whether or not a person is disqualified, we also consider the provisions in the Rehabilitation of Offenders Act 1974 and The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, which set out when convictions and cautions become spent. The registered provider must demonstrate that the requirements will be satisfied, and are likely to continue to be satisfied, in relation to the proposed provision. They must include a copy of the notice against which the appeal is brought, and an appeal application form. It will take only 2 minutes to fill in. 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. All . Instructions may vary depending on which internet browser you use, such as Internet Explorer or Google Chrome, and the type of device you use, such as a phone or laptop. If the evidence meets the test for prosecution, we may also instigate a prosecution. We may choose to gather further information and evidence before we make a decision about what enforcement action, if any, we will take. They must do this in writing within 28 days of the written notice to withdraw or the oral hearing occurring. It does not give us any discretion not to do so. For providers registered on the compulsory parts of the Childcare Register, we will not remove them from the register after an NOD has been served. 7. We may monitor compliance with the notice. an early years setting. 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. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. We may specify the extent to which we agree to waive a disqualification. It is an offence if they do so. Cyber security guidance for early years - Foundation Years 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 A party can only do this after it has first applied to appeal to the First-tier Tribunal and had this application refused.
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