- The child's requirements arising from race, culture, language and religion be taken into account. This will not result in disqualification. 1.1 Outline the legal requirements and guidance for: health and safety We consider a waiver application before, and separately from, any application to register. Each guideline includes a logical step-by-step breakdown of what services need to cover in each policy and procedure. Key indicators of effective management include: ensuring e-safety is seen as a priority by managers and that a consistent approach is being adopted across the whole organisation. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. 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. Therefore, we will check that the whole premises are suitable. 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. 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. This includes our responsibility, as the regulatory authority, to satisfy ourselves that a registered provider remains suitable for registration. 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 will only use clear, proportionate and reasonable conditions. When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . 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. 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. 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 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 will only consider this stage if the evidential test is met. 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. We must also agree with the other organisations what information we can share with the registered provider about the concern. When we receive an application to waive a disqualification, we will check that the person in question is disqualified from registration. The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . They can apply to us to waive their disqualification. In this case, and when the providers inspection history does not give us cause for concern, we note the information so that it can inform the next visit or inspection. When assessing the seriousness of an offence, we will consider the suspects culpability and the factors relating to harm. 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. We will also consider referral to the DBS or other agencies if appropriate. We will also publish an outcome summary if we take steps to cancel a childminder or childcare providers registration. Get quality help now writer-marian Verified writer Proficient in: Health 4.8 (309) 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 disqualification takes effect when an NOD is served. Legislation can have many purposes: to regulate, authorize, provide (funds), and declare or to restrict. 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. Either party may ask to withdraw their case by sending a written notice to the First-tier Tribunal or orally at a hearing. 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 . 14 explain how health and safety is monitored and - Course Hero During that time, childminders registered with the agency are still able to operate. 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. Providers may wish to seek legal advice and/or representation for an appeal against a decision Ofsted has made. The Regulations describe the standards of health, safety and welfare that must be in place before such services can be provided. It does not give us any discretion not to do so. 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. All men are created equal - Wikipedia However, we will not impose at this stage a condition that replicates a legal requirement. The greater the suspects level of culpability, the more likely it is that a prosecution is required. Change to the name or registered number of the company or charity providing care. We do this when we or the other agency have identified concerns that suggest possible fraud, regulatory breaches or issues around the suitability of a provider to provide childcare. Workplace Security Legislation - What You Need to Know. We may specify the extent to which we agree to waive a disqualification. Ofsted will decide whether to discontinue a prosecution. The enforcement action we take is set out in the legislation. Regulatory requirements for environments in early years settings 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. The more serious the offence, the more likely it is that a prosecution is required. See more. Legislation is valuable to setting societal standards and norms at all levels of government, including the local, state and national level. How Health and Safety is Monitored and Reviewed Change of name or address of the committee, partnership, unincorporated body or agency. Prosecution for some offences can only be brought after we have taken certain procedural steps. what was the role of the suspect in the offence (particularly where there are multiple suspects)? If a series of notifications arise over a short period identifying similar matters, the risk assessment team will follow the guidance above. For expedited appeals, the Tribunal will give notice as soon as the hearing is set. We serve an NOI setting out the reasons for the action proposed. 3. CONFIDENTIALITY AND INFORMATION SHARING - gov.scot Other offences do not need any steps before bringing a prosecution. 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. These signs should be clearly visible and readable and, if not obvious, contain the details of the organisation . If we receive information that indicates that unregistered childminding is taking place after we have served an enforcement notice, we may prosecute. The applicant may make an objection to Ofsted. This does not automatically mean we will grant registration. An Ofsted caution should not be confused with a caution or a conditional caution from the police. Childminder agency applicants may withdraw their application for registration at any stage. These are: We have a range of enforcement powers to use in regulating childminder agencies, including: We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. 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. Evacuation procedures are tested at regular intervals and at least once every term and at different times and days of the week. Our enforcement powers are set out in the Childcare Act 2006 and associated regulations. Please see our guidance on how to object to an NOI. In oral hearings, the First-tier Tribunal may choose to tell both parties its decision verbally, but more commonly it will reserve its decision while considering the facts and submissions. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. We can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. The regulation of pre-school childcare services is set out in the Child Care Act 1991 (Early Years Services) Regulations 2016. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. We will write to the applicant to let them know we have done this. We will also carry out our own assessment of whether the provider meets the requirements for continued registration and decide on the appropriate action to take. Applicants may not withdraw their application after that point unless we agree that they can do this. 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. Development means physical, intellectual, emotional, social or behavioural development. These requirements include the applicants suitability and that they will meet the requirements of the statutory framework for the EYFS. Information in this section can be used by families, carers, providers and services. The provider should not assume that we will remove their registration under section 70, for example, if the annual fee is not paid. Ensure that all policies and procedures are easily accessible for reference. We will write to the provider to let them know we have done this. an early years setting. It may, therefore, be appropriate in some circumstances to also take urgent enforcement steps, for example suspension, at the same time as taking longer-term action. The registered person will also need to consider whether they need to take any further action regarding the staff member or their role with the setting. We cannot serve a WRN for failure to meet learning and development requirements. If we decide to lift the suspension, we will inform the registered person. We will only use clear, proportionate and reasonable conditions. If the childcare is provided by a partnership, body corporate or unincorporated association, any change to the nominated individual. 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. The evacuation will be carried out in a planned and precise fashion. This publication is available at https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy. Working Together to Safeguard Children (2018) - sets out role, responsibilities and best practices for agencies and organisations that come into contact with children including early years settings, social services, care providers and police. Support Children And Young Peoples Health And Safety Review - Phdessay The appeal must be made in writing within 28 days of the date of our decision letter. We can suspend registration for all a providers settings or for particular premises. 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. If the childcare is provided by a partnership, body corporate or unincorporated association whose sole purpose is the provision of childcare, any change to the individuals who are partners in it, or any change in a director, secretary or other officer or members of its governing body. 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. A court may only convict if it is sure that the defendant is guilty. 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. Conditions can also be imposed as a result of a recommendation by the First-tier Tribunal. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. 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. Religion and belief. Cancellation will apply to all of the agencys registrations. They can only apply for a review if they believe there is an error of law in the decision. We must record this decision on our internal system. There are a number of offences linked to providing unregistered childcare. 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. When we receive information or allegations that suggest a breach of relevant regulations or legislation, we check whether children are at risk of harm and/or whether a provider is complying with the law. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. When we are notified of an event, we may ask the provider notifying us to provide us with more information about what it has done in relation to the event. This will not prevent us from making a referral to DBS or to any other agencies if appropriate. This policy should be read alongside other guidance documents: The legal basis of our enforcement work is set out in the Childcare Act 2006 and its associated regulations. 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 Even if we uphold the providers objection to these other issues, we must still serve a notice of our decision to cancel the registration on the grounds that the registered person is disqualified, unless they provide evidence that the information we have about the disqualification is inaccurate and they are not disqualified. Under the 50% rule, we cannot suspend providers from operating only on the domestic premises. In this case, the person may make an objection to Ofsted. 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. This can be announced or unannounced. If you are a new setting or an existing one that would like any assistance with your HR . 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). We will only take urgent action if there is a reasonable belief that a child or children may be at risk of harm. We may gather further information before inspection where the information involves other agencies, such as the police or child protection services. The DBS is responsible for deciding whether to include a person on a barred list. If the First-tier Tribunal decides not to review the decision, or reviews it and decides to take no action, the party can apply for permission to appeal. Using these guidelines will help you develop effective and service-specific policies and procedures and ensure the safety, health and wellbeing of children. 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 would also expect providers to do the same with inspectors on visits/inspections. Policies and procedures help and guide all staff working in the setting. If we take steps to cancel the agencys registration, we will write to the agencys childminders to: Childminders must be registered with Ofsted or a childminder agency to provide childcare. We may serve the notice of suspension in person, by email (subject to the registered persons agreement) or by post. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. Childminder agencies should tell Ofsted about any changes or significant events, as set out in the requirements for registration. We will do this in order to: We will seek permission of the homeowner/occupier to enter the premises where nannies (home childcarers) work. where a suspect is a registered person, is it sufficient to take regulatory action in response to the offence? If a provider decides to voluntarily cancel/resign their registration while suspended, we will retain information about the concerns that led to suspension. 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? Legislation & Policies That Surround Safeguarding Children 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. We may also consider cancellation at an earlier stage where appropriate, notwithstanding the providers inspection history. This is in addition to the body corporate being guilty. 5. 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 We will confirm in writing that we have received information indicating they are, or a staff member is, disqualified. We will always write and publish an outcome summary after any type of regulatory activity, if we or the provider have identified a breach of requirements, including if the provider has already taken action to address this. Early years providers must meet the requirements of the EYFS. 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. Understand legislation and guidelines for health and safety in Early Years Settings Assessment criteria: 1.1 Outline the legal requirements and guidance for: health and safety, security Health & Safety at Work Act 1974 (HASAWA) See forms and other information for the First-tier Tribunal. They must include a copy of the notice against which the appeal is brought, and an appeal application form. We may also consider suspending an agencys registration, if we have reason to believe that children are suffering or likely to suffer harm. Disposition Definition & Meaning | Dictionary.com The agency must respond, within the specified timescale, setting out the action that they have taken to meet the requirements. It is an offence if they do so. This will depend on the nature and seriousness of the offence. So, very early on in my journalism career, I . We may also take this into account when determining any new application for registration. Unlike when Ofsted cancels the registration of a childminder agency, we will not automatically accept childminders that were registered with an agency if the agency gives notice for voluntary removal of their registration. Cyber Security for Safeguarding in Early Years As childcare businesses we are increasingly reliant upon technology. 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). was there any deliberate or malicious intention to avoid compliance, or prevent the discovery of an offence and/or regulatory breach? They should also demonstrate how the action taken 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. Legislation | early years alliance is the likely cost of bringing the prosecution a reasonable and effective use of resources, given the circumstances and merits of the case? We will not publish an outcome summary when: We publish outcome summaries on the same page as the provider reports on our reports website. Unlimited access to news and opinion. Parents, students, or visitors are reminded not to allow entry to any . This happens if they live on premises where a disqualified person lives or works. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per section 35 and section 36 of the Childcare Act 2006. 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. Security controls | Nursery World The learning and development requirements are given legal force by an Order 2 made under section 39(1)(a) of the Childcare Act 2006 . 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. The types of enforcement action we can take against providers breaching the requirements of the Early Years Register include: The enforcement powers available to us do not have to be used consecutively or in any order. We may consider additional enforcement action, such as suspending a providers registration, if we have reason to believe that children are suffering or likely to suffer harm. In refusing, we must be clear that the reason for refusal is because of the disqualification. Prevent duty and British values | PACEY We must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. 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 do not serve an NOD until at least 14 days from the service of the NOI. 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. If the disqualification relates to a member of staff at a childminding or childcare setting, the registered person commits an offence if they continue to employ the disqualified person after our refusal. With this is mind, the purpose of this blog is to provide a concise rundown on how Health and Safety is monitored and reviewed. You can also use these options and change the printer destination to save the content as a PDF. 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. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. Inspectors will not include identifiable staff or children in any photographs they take. In the case of early years providers, there is also a requirement to notify Ofsted of certain significant events. We may also seek to impose conditions in an emergency. Information that suggests a provider may be operating without registration is dealt with in accordance with our guidance on unregistered services. Cancellation usually disqualifies a person from providing, being directly concerned in the management of, or employed in connection with childminding and childcare that requires registration. If the annual fee is not paid, we will cancel the registration unless we are given notice that the provider wants to be removed from the register. Legislations are important throughout any work environment and society as without them we are not protected from hazards and promoting safety in the workplace. Allegations of serious harm or abuse by any person living, working or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere) and any relevant actions taken. If we have concerns about the childminder agency, we will keep the information on record as we may wish to consider this should they seek future registration with Ofsted. The agency may object. We serve an NOI setting out the reasons for the action proposed. how serious was the harm (whether actual harm or potential harm)? 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. 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. 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! We will do this by asking ourselves the questions at b) and c). Legislators also dug in on their . We may receive a concern about a registered provider on the Childcare Register. Do I Need Policies and Procedures For My Nursery?