security legislation in early years settings

Over the years many local authorities have made changes to improve record keeping in children's services, including early years settings. If we have the power to waive that disqualification, we will follow our decision-making process. We may consider these further if a provider reapplies for registration. For example, when: If an emergency order is granted, the registered person may appeal to the First-tier Tribunal. We must receive their application to waive disqualification within 14 days of receipt of the NOI. Providers of childcare on domestic premises, including childminders, also have to tell us about the disqualification of any person living on those premises. For example, some require a suspect to have had an opportunity to make representations. If the inspector finds that a provider has met all the WRN action(s), they will update the published outcome summary to confirm this. For example, we may proceed to cancellation if we judge a childminder agency to be ineffective. We consider a waiver application before, and separately from, any application to register. In these cases, the individual disqualified by association must apply to waive the disqualification, rather than the disqualified individual, or associate. 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? 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. Staff have registers which include all of your child's details. We will not impose a condition that conflicts with the legal requirements, including the EYFS. We must write to the registered person and tell them that the law requires us to cancel their registration. 7 Understand how to assess health and safety risks in early years settings 7.2 Describe how to carry out a risk This will include all settings within the registration. Providers must inform us if they want to employ, or discover they have employed, a disqualified person. If necessary, we can impose a further 6-week period of suspension on the same grounds, and in exceptional circumstances we can suspend beyond this. However, the DBS states that it views harm as its common understanding or the definition you may find in a dictionary. - The child's requirements arising from race, culture, language and religion be taken into account. Change of member of the partnership, committee or corporate or unincorporated body. 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 will write to the agency to let them know we have done this. Relevant offences under the Childcare Act 2006 include: The reasonable belief test means that a person, judging a situation in the light of the law and the information concerned, would have reason to believe that a child might be at risk. We liaise with other agencies as necessary, but we always carry out our own inspection or enquiries where appropriate. Health means physical or mental health. 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. Section 69B of the Childcare Act 2006 sets out grounds for cancellation as follows: We are likely to cancel registration where one or both of the following apply: The above list is not conclusive, however, and we may proceed to cancellation in other circumstances where grounds to cancel exist, and it is reasonable and proportionate to do so.

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