Find out more about what we do. The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . 2. The legal definition of harm is as set out in section 31 of the Children Act 1989. 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. Older toddlers (2years to 3 years) Pre-school (3 years to 5 years) Staff should always monitor and maintain health and safety and encourage safe working. Some enforcement steps can only be taken through the NOI and NOD process. Early years providers must meet the requirements of the EYFS. We will work closely with the local authority and the police when there is a section 47 investigation. Ill-treatment includes sexual abuse and forms of ill-treatment that are not physical. The order will remain in place until the appeal is determined. It makes clear that to protect children in their care, providers must be alert to any safeguarding and child protection issues in the child's life at home or elsewhere (paragraph 3.4 EYFS). While 3 or more notifications from a provider may indicate that there are serious weaknesses within the setting, they could also indicate that the provider is dealing proactively with issues that arise and complying with their legal responsibility to notify us appropriately. [footnote 1]. If we have concerns about an applicant who withdraws their application before an NOI to refuse is served, we will record our concerns and may consider them further if the applicant applies to register in the future. See guidance on how to tell if you might be disqualified. This is in addition to the body corporate being guilty. We may impose, vary or remove conditions of registration on a providers registration under section 38 of the Childcare Act 2006 by issuing an NOI setting out the reasons for the action proposed. This involves deciding what should be done to prevent harm and ensuring that the relevant actions are taken and are updated whenever necessary. To help us improve GOV.UK, wed like to know more about your visit today. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. Policy and procedure guidelines. 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 write to the provider to let them know we have done this. 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. A childminder agency must not register a person who is disqualified from registration and it is an offence to knowingly do so. The provider commits an offence if they fail to carry out the WRN actions within the specified time. If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. Security controls | Nursery World Childminder agencies will not have to share with Ofsted information on childminders they register as a matter of course. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. To appeal, the registered person or applicant should email: cst@hmcts.gsi.gov.uk. However, if we have also taken other enforcement action and we publish an outcome summary for this, we will state whether we have also suspended the provider, refusing approval of additional or different premises, imposing or varying conditions of registration, the provider is not meeting one or more of the learning and development requirements and/or safeguarding and welfare requirements, leaders and managers or the childminder demonstrate an understanding of the requirements and we believe that they may have the ability to make the necessary improvements without the need for statutory enforcement action at that time, leaders and managers or childminders do not demonstrate their understanding of how to meet the safeguarding and welfare requirements of the, there have been previous occasions of non-compliance with the same or different requirement(s), the provider has not completed actions relating to existing failures to meet safeguarding and welfare requirements satisfactorily, carrying out a monitoring visit to the provider, contacting the provider by telephone or video call, scheduling an inspection to check compliance with the, it is not reasonably practicable (for reasons beyond our control) to complete any enquiries or for any steps to be taken to eliminate or reduce the risk of harm, we are satisfied that the grounds for continued suspension still exist, across one or both parts of the Childcare Register, when a provider has asked to be removed from the register (voluntary removal, sometimes referred to as, because of cancellation with or as a childminder agency, the registered person has become disqualified, the prescribed requirements for registration have ceased, or will cease, to apply, the registered provider has failed to comply with a condition imposed on their registration, the registered provider has failed to comply with a requirement imposed on them by the regulations, a provider registered on the Early Years Register has failed to meet the learning and development requirements of the, the registered person has failed to pay a registration fee, a registered childminder (on either register) has not provided childminding for more than 3 years, the registered provider has not made themselves available for inspection despite our reasonable attempts to contact them on the basis that we cannot be sure that they continue to satisfy the requirements for registration, a child in the care of the provider has been exposed to, or has suffered, serious harm or injury, cancellation is the only way to assure the safety and well-being of children due to risk of harm or potential risk of harm, other compliance action is inappropriate or has failed to achieve, or is unlikely to achieve, the outcome needed within a reasonable timescale, the provider has failed to make or sustain improvement in practice over a period of time, and we do not believe that they can consistently meet the relevant requirements for registration, there has been a continued failure to meet the learning and development requirements, vary, remove or impose a condition of registration, notifying them might place children at risk of harm, the risk is so serious that there is no time to notify them, notifying them would risk that they would destroy evidence, it has not been possible to notify them despite efforts to do so, checking that agencies meet the legal requirements for registration, taking enforcement action where an agency does not meet the requirements for registration, the registered person has failed to comply with a condition imposed on their registration, the registered person has failed to comply with a requirement imposed on them by the regulations, there is evidence to suggest that the provider is not acting purposefully to resolve the matter within a reasonable timescale, we consider that cancellation is the only way to assure the safety and well-being of children, explain that we have served the agency with an, advise them that they must either apply to register with another agency or be transferred automatically to Ofsted once the, harmed or poses a risk of harm to a child or vulnerable adult, satisfied the harm test (see definition below), the person has received a caution or conviction for a relevant offence, the person is, or might in future be, working in a regulated activity, we think the DBS may consider it appropriate for the person to be added to a barred list, cause a child or vulnerable adult to be harmed, put a child or vulnerable adult at risk of harm, attempt to harm a child or vulnerable adult, incite another to harm a child or vulnerable adult, let the DBS know that the registered person failed to make the appropriate referral, consider why they did not do so, and whether this failure affects their suitability to remain registered and/or their suitability to work with children and/or vulnerable adults, exercise any functions of a childminder agency, represent that they can exercise such functions, be a director, manager, officer of or partner in a childminder agency, or be on the governing body or be directly concerned in the management of the childminder agency, work for a childminder agency in any capacity that involves entering premises on which early or later years childcare is provided, details of the precise order, determination, conviction or other ground for disqualification, the date when the order, determination, conviction or other ground for disqualification arose, a person making up the registered organisation, someone living or working on the premises where childminding or childcare on domestic premises is provided, the disqualified person is removed from the application to register, the person has provided evidence that they are not disqualified, has committed an offence against a child within the meaning of, the length of time since the matter took place that disqualifies the person, the reasons in the application for wanting us to waive the disqualification, any risks to children from allowing the person to provide or work in early years and childcare provision, refusing approval to add additional or different premises to an existing registration, imposing, varying or removing conditions imposed on a persons registration, refusing to grant an application to vary or remove conditions, objections: a registered provider or applicant for registration has 14 days from the time when we serve the, appeals to the First-tier Tribunal: in most cases, a registered provider or applicant for registration has 28 days after we serve the, monitoring compliance: we must ensure that the registered provider is complying with the notice, by post, including in a registered letter or by the recorded delivery service, after the outcome of any appeal the provider makes to the First-tier Tribunal (if the appeal is not successful), details of how to ask it to review the decision, or how to appeal, details of any rights to appeal to the Upper Tribunal and the timeframes for this, details of any rights to make representations, there is sufficient evidence to provide a realistic prospect of conviction (this is called the evidential test), whether the evidence can be used in court, the likelihood of that evidence being held as inadmissible by the court, the importance of that evidence in relation to the evidence as a whole, the reliability of the evidence, including its accuracy and integrity, whether the evidence is credible and whether there are any reasons to doubt this. Children's safety and Security in the nursery Links to Early Years Foundation Stage: Safeguarding and Welfare Requirements: Safety and suitability of premises, environment and equipment: Safety 3.53, 3.56-3.65 Policy statement We maintain the highest possible security of our nursery premises to ensure that each child is 1.4: explain how health and safety is monitored and maintained in an early years setting The health and safety of the children in my setting is monitored through what we call tracking forms. The DBS is responsible for deciding whether to include a person on a barred list. 6. Why do early years settings need to consider this? It is not an offence for a provider registered on the voluntary part of the Childcare Register to continue to provide care for children while suspended, because registration is not compulsory. An essential component of Health and Safety is Monitoring and Review, allowing us to accurately assess existing controls alongside risks to develop an effective plan of action. Policies and legislation affecting Early Years Practitioners - UKEssays Regulatory requirements for environments in early years settings The purpose of this legislation is to provide guidelines to safeguard young children, deterring them from being drawn into terrorism. The Early Years Foundation Stage (EYFS)'s safeguarding and welfare requirements is the framework that provides this assurance. security legislation in early years settings - Nodelivery.fun Children are encouraged to maximise the benefits and opportunities The law also disqualifies some people from registering as an early or later years childminder agency (section 76A and section 76B of the Childcare Act 2006). The Early Years Foundation Stage (Learning and Development and Welfare To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. The waiver process and registration process are different processes. An appeal must be lodged within the correct timeframes as set out in the notice that is the subject of the appeal. 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 expect providers to share information with parents on the use of CCTV and how images of their children are stored and destroyed. Legislation at all levels can serve several purposes. 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. 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. 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 When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . 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. The Tribunal must consent to the withdrawal. We will review the response. Ofsted will decide whether to discontinue a prosecution. When considering cases in which there have been 3 or more notifications from the provider, the risk assessment team will consider the information received and the providers history in deciding whether the matter should be escalated for further action. This would include telling us about a disqualification. Any proposal to change the hours during which childcare is provided or if the provision will include overnight care. 1.1 Outline the legal requirements and guidance for: health and safety We will use the information we have gathered in our inspection or regulatory activity to determine whether the registered provider: We will write and publish a report following an inspection. 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. We suspend a providers registration under section 69 of the Childcare Act 2006 and the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. After 28 days, the decision takes effect, unless the agency has appealed to the First-tier Tribunal, in which case they remain registered until the appeal is determined. 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. Suspension would apply to their non-domestic premises too. 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. This section applies to providers registered as childminder agencies. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. We will use our enforcement powers proportionately, keep our enforcement action under review and adjust any steps we are taking where appropriate. Warning letters are non-statutory actions. In these cases, we may carry out regulatory activity or an inspection. It may also be possible to request a paper hearing of the appeal. If we uphold the objection, we will send an outcome letter confirming that we will not proceed with an NOD. We also use cookies set by other sites to help us deliver content from their services. The DBS can decide whether to include the individual on its lists of people who are barred from working with children and/or vulnerable adults (known as barred lists). The agency may object. 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). Where possible, we send the NOD at the same time as the outcome 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. Any change to adults (persons aged 16 years or older) living or working on childminding or childcare on domestic premises. This is either 28 days after the NOD was served or, if there is an appeal, when the outcome is determined and the First-tier Tribunal upholds the decision to cancel. A provider may be registered on both the Early Years Register and the Childcare Register. 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. The Equality Act 2010 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 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. Located on Annerley Road in Dutton Park, an inner southern suburb of Brisbane, it is the only surviving intact gaol in Queensland that reflects penological principles of the . Gender reassignment. What are the safeguarding procedures in early years? have the suspects actions negatively impacted on a third party? With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. Shared post - Interview: How the Media Got Cozy - greenwald.locals.com We will only use clear, proportionate and reasonable conditions. Corporate Security Officer. You can also use these options and change the printer destination to save the content as a PDF. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. It is for local authorities to determine whether concerns reach their threshold and decide which concerns they will investigate. 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. The First-tier Tribunal will consider the case based on the evidence available on the date of the hearing. Disability. We will also consider referring them to the Disclosure and Barring Service (DBS) or other agencies, if appropriate, in line with our safeguarding obligations. 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. The use of CCTV is not covered by the EYFS. The provider may object. Early years setting are required by law to implement the above legislations and guidelines. PDF Level 3 Diploma in Children's Learning & Development (EYE) - FW Solutions 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. If we receive information that an existing registered person or staff member is disqualified from registration, we will inform the registered person. has the suspects registration been cancelled previously or have they been refused registration with Ofsted, and what were the reasons for the cancellation or refusal; for example, did they relate to safeguarding concerns?