The guidance, which has been produced in consultation with stakeholders, covers topics including setting up strong passwords . [footnote 1]. Applicants for the compulsory part of the Childcare Register may withdraw their application at any stage up to the point when an NOI to refuse registration has been served. If we intend to refuse an applicants registration, we will serve a notice of intention (NOI). This includes cancellation when we have been unable to establish contact with a provider and can no longer be satisfied that they are meeting the registration requirements. In relation to escalating concerns, a notification from the provider is not the same as a concern that comes from another person about the provision. what was the role of the suspect in the offence (particularly where there are multiple suspects)? requires access to the setting, their visit must be pre-arranged with the manager and they must carry identification highlighting the organisation they represent. We have a statutory power to refer individuals to the DBS under section 45 of The Safeguarding Vulnerable Groups Act 2006. These legislations provide the basis for shaping the policies and procedures in the early years setting which aims to provide a safe and healthy environment for the children to learn, develop and play. The registered person can appeal to the First-tier Tribunal against each period of suspension. When policies and procedures are well thought out and, most importantly, implemented they provide common understanding and . 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. However, if these objections are not upheld, an NOD will be served against which a provider may appeal. We will only use clear, proportionate and reasonable conditions. how serious was the harm (whether actual harm or potential harm)? The sudden serious illness of any child for whom later years provision is provided. These protected characteristics are features of people's lives upon which discrimination, in the UK is now illegal. The initial period of suspension is 6 weeks. We will write to the applicant to let them know we have done this. If we are not satisfied that an applicant is able to meet the prescribed requirements for registration, we must not register them, as per sections 54, 55, 62 and 63 of the Childcare Act 2006. 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. Children and Young People (Scotland) Act 2014 This Act concerns the provision of services and support for children and young people; it covers adoption, children's hearings, detention in secure accommodation and consultation on certain proposals in relation to schools. We will try, where appropriate and in the interests of children, to give childminder agencies time and opportunity to put matters right. If the applicant is a company, it is the company that is disqualified and not the individuals listed as directors. If we are no longer concerned that a person may be providing childminding, we will revoke the notice. However, they need to understand the constraints that this can place on our actions. We may take an Ofsted caution into account when making any judgements about the registration of a person or body, including their suitability to be registered. 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. As the Queensland Early Childhood Regulatory Authority, the department regulates early childhood education and care services to reduce risk to children's safety, drive voluntary compliance and promote continuous improvement. In certain cases, we may need to take both regulatory and criminal action. Ofsted is the Office for Standards in Education, Childrens Services and Skills. The Information Commissioners Office will be able to advise providers on storing records and other aspects of data protection. The evacuation will be carried out in a planned and precise fashion. 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. When the inspection follows other regulatory action we have taken, the inspector will check that the provider is compliant with any actions or other enforcement measures that result from that previous action. The disqualified person can appeal to the First-tier Tribunal against our decision to refuse an application to waive their disqualification. 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. . 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 can cancel a providers registration with an NOI under section 68 of the Childcare Act 2006. 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. 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. We serve an enforcement notice if it appears to us that a person is providing childminding for which registration is required, without being registered. 3. It describes what we can do if registered providers are failing to meet the requirements of the Childcare Register or conditions of registration. 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. has the suspect displayed genuine remorse and shown insight into the offending? We do not serve an NOD until at least 14 days from the service of the NOI. The DBS is responsible for deciding whether to include a person on a barred list. An enforcement notice is a legal letter that we send to a person telling them that they cannot provide childminding without being registered with us. Failure to comply with the notice is an offence. Ofsted neither endorses nor prevents the use of CCTV. If information comes from an anonymous source, we encourage them to speak directly to the provider. These are: Early Years. All investigations of criminal offences should be carried out having regard to any relevant principles contained in the Police and Criminal Evidence Act 1984 (PACE Act) and codes of practice. It is an offence to fail, without reasonable excuse, to comply with a condition of registration. It is also an offence for a disqualified person to be directly involved in the management of the provision. Four guiding principles should shape practice in early years settings. Applicants may not withdraw their application after that point unless we agree that they can do this. We normally serve a WRN where one or more of the following apply: The aim of a WRN is to direct a provider to take immediate steps to meet a requirement(s). Questions relevant to harm to ask include the following: It is likely to be in the public interest to prosecute where a person commits an offence having previously been disqualified or served with an enforcement notice. 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. When the inspector judges that they need photographic evidence, they will normally notify the childcare provider before doing so. At strategy meetings, we support robust and timely steps to protect children and promote their welfare. in early years settings 6.4 Describe legislation, regulations and guidance that apply to infection prevention and control in early years settings 6.5 Explain the immunization programme for children and its role in infection control. This applies to those registered on Part A of the General Childcare Register only. We do not carry out child protection investigations with, or on behalf of, childrens services or the police. They should also demonstrate how the action taken The provider may object. The law requires providers registered on both the Early Years Register and Childcare Register to display a notice of suspension if we suspend their registration on the Childcare Register, regardless of whether we also suspend their registration on the Early Years Register. See Page 1. 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. It informs the person that if they are committing the offence, they should stop immediately. They apply to the early years providers and agencies that we regulate. 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 . 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. 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. This will include all settings within the registration. In these cases, we will always exercise discretion in a reasonable, proportionate and consistent way. 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 . We serve these notices when taking certain steps, including: We serve NOIs in writing under section 73 of the Childcare Act 2006. We normally visit when the information indicates there is unregistered childcare, or childcare is being provided on unapproved premises. When we receive concerns from parents or other members of the public, we always try to keep their identities private, if that is their wish. If the offence involves carrying on a provision while not registered, we also inform the person that if they wish to operate provision that requires registration, they must apply for registration. These actions are included in the compliance inspection letter. 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. If appropriate, we encourage the person to apply for registration. Protection of Children Act 1999 and Disclosure & Barring service (DBS) - requires a list to be kept of persons considered unsuitable to work with . CCTV is a popular way of assisting in the security of workplaces. Limiting the decision to waive disqualification in this way means that the individual has to reapply if their circumstances change or the risk to children changes. Sexual orientation. This will not result in disqualification. 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. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. 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.
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