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. Irrespective of the nature of the concern, if we continue to receive multiple concerns (3 in a 2-year period) then we will always consider whether to bring forward an inspection or carry out regulatory activity. 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. 2. 5. If the objection is not upheld, we will serve an NOD against which the provider may choose to appeal to the First-tier Tribunal. Over the years many local authorities have made changes to improve record keeping in children's services, including early years settings. They will also update the published outcome summary to show whether the WRN actions have been met. The law gives Ofsted a range of powers to deal with: This policy sets out the principles and approach we will follow when exercising our enforcement powers. A failure to meet this requirement may lead us to consider taking enforcement action. If we do not uphold the objection, we will set out the reasons in the outcome letter. Therefore, we will consider the management arrangements and the role played by individual directors and managers in these cases. The Tribunal must provide each party with: In certain circumstances, either party may apply to the principal judge of the Tribunal for a review of the decision. This is sometimes also referred to as voluntary cancellation or resignation. 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. 8. The protected characteristics listed in the Act are: 1. 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. However, if there is a sufficient lapse of time to suggest that a previous caution was a significant deterrent (2 years or more), or the subsequent offence is unrelated, we may consider a further caution. Policies and procedures help and guide all staff working in the setting. The DBS has guidance about the referral process. Any personal data used for the purposes of law enforcement, including the prosecution of individuals, will, during that time, be held separately in Ofsted in line with the relevant law. We may also ask the applicant to attend an interview with us. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. Regulatory requirements for environments in early years settings 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. The agency should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. Section 70 of the Childcare Act 2006 also sets out that if we have already served the childminder agency with an NOI to cancel registration, we will not agree to the request for removal unless we have decided not to take that step. Early years settings should ensure that parents are signposted to resources and support regarding online safety at home and they will be expected to show evidence of this. The general legal requirements, including those concerning health and safety, are supported by more detailed specific legal requirements. The enforcement action we take is set out in the legislation. It states that all employees must follow the setting's health and safety procedures and use the safety equipment provided. Occasionally, we may have to reveal the identity of a complainant to allow a thorough review of the concern, or when action has resulted in a court or tribunal hearing. In this case, we would consider whether to suspend registration: The suspension notice will set out the full details of the suspension. How Health and Safety is Monitored and Reviewed We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. Four guiding principles should shape practice in early years settings. The registered person can appeal to the Tribunal against each period of suspension. If we take action to suspend or cancel the registration of a childminder or childcare provider, we tell the local authority where the provider is located. The agency may object. When we decide to revoke a notice, we send the person confirmation of our decision in writing. If the objection is not upheld, we will serve a notice of decision (NOD) and the applicant may choose to appeal to the First-tier Tribunal. This guidance sets out the principles and approach we will follow when exercising our enforcement powers. 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. When in a childcare setting it is vital to maintain confidentiality in different areas not just for the Child's welfare but the families as well! Where a provider has more than one setting on their registration, we may choose to suspend individual settings or the whole registration, depending on the nature of the concerns. The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. If a case is discontinued, this decision can be reviewed if, for example, further evidence comes to our attention. When actions are set following regulatory activity, then the provider must notify us by email (or by letter if email is not possible), within the specified timescale, about the action that they have taken to meet the requirements. 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. This policy is also applicable where staff or individuals have been provided with setting issued devices for use off-site, such as a work laptop or mobile phone. We exercise these powers to reduce the risk of harm to children who use regulated early years services, to enforce compliance with the law and to improve the quality of services. For these providers, in most cases, we will carry out a compliance inspection to make sure that the provider continues to meet requirements and remains suitable for registration. Safety rules. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. For example, we may do this when a registered early years provider applies for voluntary cancellation before we complete our assessment and we have not served a notice of our decision to cancel but we have concerns about that person. And people in low-income or blue collar jobs would see their retirements cut the most, as those populations have a lower life expectancy, meaning that they would enjoy even fewer years of retirement . Any photos taken with an Ofsted mobile phone, computer or tablet will be deleted from these devices once they have been transferred to our systems. In some cases, we may take steps to cancel a registration while a suspension is in place. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. Safeguarding in the early years | early years alliance They can apply to us to waive their disqualification. If we suspect that a relevant criminal offence is being or has been committed, we may carry out a criminal investigation. However, we will not impose at this stage a condition that replicates a legal requirement. 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. We will review the response. We must also agree with the other organisations what information we can share with the registered provider about the concern. 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. Every early years settings must to keep a record of all accidents, incidents and emergence and any serious accidents, incidents and emergences must to be reported to Ofsted. These actions are included in the compliance inspection letter. In some circumstances, we can impose, vary or remove conditions of registration. We may also seek to impose conditions in an emergency. If an objection is made and not upheld, the NOD will include the reasons why we have decided to take the step, including any matters we considered during the objection. While some areas of the premises might not be used for childcare or might be out of bounds to children, the whole premises are registered and these areas may still be accessible to children. The letter sets out the actions that a provider must take by a certain date to meet the requirements. Voluntary removal will not prevent us from making a referral to the DBS or to any other agencies if appropriate. We expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. We only use directed surveillance in the regulation of early years providers when we need to provide evidence that a provider has committed or is committing an offence and we have exhausted all other methods of gathering evidence, such as unannounced visits. Tribunal hearings take place around the country or remotely. It will look at the policies and legislation affecting Early Years Practitioners and the beliefs and values that ensure quality childcare. 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. They should also demonstrate how the action taken Part 3 of the Children and Families Act 2014 relates to the provision of children with special educational needs and disabilities. We can only suspend registration if we are satisfied this test is met. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. Ofsted requires all settings to have a set of policies and procedures. Thank you for visiting Nursery World and making use of our archive of more than 35,000 expert features, subject guides, case studies and policy updates. Visitors must always be accompanied by a member of staff while in the premises. This notice gives our reasons for proposing to take the step and sets out the recipients rights to object to our action. This will include all settings within the registration. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. This is to make parents and the public aware of any concerns and action taken at the childcare setting. 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. take appropriate and targeted action that: reduces the risk of harm or actual harm to children, considers the particular circumstances of each case and is proportionate to the seriousness of the non-compliance, is agile and revises our approach as appropriate, secures compliance with the law and improves the quality of the setting, implements fairly our statutory or non-statutory enforcement powers when a relevant threshold is met, persons providing childcare without the appropriate registration, registered providers that fail to meet the legal requirements for early years settings that are regulated under the Childcare Act 2006, our inspection handbooks, which describe our approach to registration and inspection, a registered person/provider is not meeting the relevant regulations or conditions of registration, a registered person may no longer be fit to carry on the running of a setting, an unregistered person or agency is operating a service, a person living or working where childcare is provided may not be suitable, childminders and childcare providers through, other agencies, such as schools, environmental health, fire safety authorities, safeguarding partners and local authority designated officers, other regulators/inspectorates, such as the Care Quality Commission, Food Standards Agency and His Majestys Inspectorate of Constabulary and Fire & Rescue Services, Ofsteds inspections of early years, social care or other settings, registered person or their nominated individual, childminder (as the registered person) and/or a person aged 16 or over who lives or works on the premises where childminding, and/or childcare on domestic premises, takes place, share information we have that is relevant to the concern being investigated, identify any limitations on the information that we can share (which should be discussed and agreed before the strategy meeting with Ofsteds legal advisers), provide background details to our involvement with the registered setting/provider, including any decisions or actions we have taken in respect of the concern, provide information about any actions we may take to make the registered setting safe for children, explain our regulatory functions and powers.

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