We have the power to impose conditions at the point of registration of a childminder agency. 5.3 Explain the roles and responsibilities of other agencies and professionals that work with and support Early Years Settings, both statutory and nonstatutory Qualification: NCFE CACHE Level 2 Diploma for the Early Years Practitioner Unit: EYP 1: Roles and responsibilities of the Early Years Practitioner Learning outcome: 5. If we intend to refuse an applicants registration, we will serve an NOI. Non-statutory bodies are organisations or institutions that are not regulated by law. It informs the person that if they are committing the offence, they should stop immediately. Development Matters has been updated. The registered person can object to other issues raised in the NOI to cancel, if we have also included points relating to non-compliance with regulations or other factors concerning their suitability. Providers may also appeal to the Tribunal against an emergency order made by a magistrate to: Please see our guidance on how to appeal. Relevant offences under the Childcare Act 2006 apply to childminder agencies. If it appears that the requirements are satisfied, and will continue to be satisfied, we will grant the application to register. 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. These actions are normally included in the inspection report but may be sent in a separate letter following regulatory activity. 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. The protection of children is paramount to our approach to enforcement. A warning letter sets out the offence that we reasonably believe is being committed. If we become aware that the registered person has not taken this step, we will: The law disqualifies some people from registering as a childminder or childcare provider. 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. We will also inform parents and carers when the suspension has been lifted. If they inform us that they do not intend to appeal to the Tribunal, the decision takes effect at that point. There are a number of offences linked to providing unregistered childcare. 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. Days and hours during which later years childcare is to be provided. This will not result in disqualification. We include information about the right to appeal against our decision to the First-tier Tribunal. contact the person (or registered person for childcare being provided on unapproved premises) for a description of the service that they are providing or are alleged to be providing, carry out a visit to assess whether registration is required, refer the information to the local authority or the police, if it suggests there are child protection concerns, decide, from information we have received about the service provided, that the person does not need to register with us and confirm this in writing, serve an enforcement notice if it appears a person is acting as a childminder without being registered, issue a warning letter (sending a warning letter does not mean that we will not also seek to prosecute where evidence meets the test for prosecution), begin a criminal investigation, which may include an interview under the PACE Act, prosecute the person for committing an offence, acting as a childminder while not registered and an enforcement notice is in effect, without reasonable excuse (under sections 33(7) and 52(7)), providing, without reasonable excuse, early or later years provision (except childminding) while not registered, without reasonable excuse (under sections 34(5) and 53(5)), failing, without reasonable excuse, to comply with any condition imposed on registration (under sections 38(5), 58(5) and 66(5)), acting as a childminder or providing childcare, without reasonable excuse, while registration is suspended (under section 69(9)); this does not apply to the voluntary part of the Childcare Register or to childminding/childcare activities that are exempt from registration, providing early or later years provision or being directly involved in the management of early years or later years provision while disqualified (under section 76(4)); this does not apply if disqualification is only by virtue of the provider living in the same household as a disqualified person or if a disqualified person is employed and the provider can prove that they did not know and had no reasonable grounds for knowing that they were living in such a household (under section 76(5))*, employing, in connection with the provision of early or later years provision, a person who is disqualified by the regulations (under section 76(4)); this does not apply if the provider can prove that they did not know and had no reasonable grounds for believing that the person was disqualified (under section 76(6))*, intentionally obstructing a duly authorised person exercising any power under section 77 (such as rights of entry, rights to inspect documents or rights to interview) (under section 77(8)), knowingly making a statement that is false or misleading in a material particular in an application for registration (under section 85(1)); this applies to all registers including the voluntary part of the Childcare Register, providing childcare provision other than on approved premises (offence under section 85A), Regulation 7(1) not to use corporal punishment and, so far as is reasonably practicable, to ensure that corporal punishment is not used on the child by any person who cares for or is in regular contact with children or any person living or working on the premises, Regulation 8 to notify of events specified in the schedule within the prescribed time, Regulation 10(2) failure to comply with a welfare notice within the specified period, failing to comply with a condition of registration (sections 51C(4) and 61D(4)), falsely representing that the person is a childminder agency (sections 51f and 61g), registering a childminder who is disqualified (section 76(4)), running or being involved in the management of a childminder agency, or working for an agency in a capacity that involves entering a childminders home while disqualified (section 76B(3)), employing a person in a childminder agency who is disqualified (if that role involves being directly concerned in the management of the agency or entering a childminders home) (section 76B(3)), intentionally obstructing a person carrying out their statutory duties (section 78A(8)), knowingly making a false or misleading statement in applying to register as an agency (section 85(2)), use the Print this page button under the Contents menu, right-click or secondary click on the page and choose Print in the menu. However, when viewed in the context of other recent events and information, it may suggest greater concern. It may also be helpful to refer toHSEs guidance about choosing a first aid training provider. Registers NEW! In all instances, if a registered person operates more than one setting, cancellation will apply to all their settings. Where possible, we will give the registered person notice of our application for an emergency order and give reasons for it, so that they may attend the hearing and make representations. It is an offence to provide childcare on non-approved premises. This is in addition to the body corporate being guilty. From September 2021 onwards, when the reforms will apply nationally, early years providers and schools in England will need to use the new version of the EYFS Framework. 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. This will not result in disqualification. To help us improve GOV.UK, wed like to know more about your visit today. What is meant by statutory agencies? The legislation states that Ofsted can impose any condition it thinks fit on a providers registration. 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. In some cases, we may take steps to cancel a registration while a suspension is in place. 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. Specific legislation/guidance is as follows: This section covers the action we take when we receive information that may suggest that: We may receive information from a variety of sources, including from: Ofsted will gather any personal information that is necessary for us to fulfil our regulatory role. If the provider fails to comply with the action, we will consider whether further enforcement action is appropriate. 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. We exercise these powers to reduce the risk of harm to children who use regulated early years services, as well as to protect children from unregistered services, to enforce compliance with the law and to improve the quality of services. Local authority childrens services may decide to investigate the concern under section 47 of the Children Act 1989, or the police may decide to make enquiries as to whether an offence has occurred. Ofsted will decide whether to discontinue a prosecution. Our view that there is a realistic prospect of conviction must be based on an objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or that they might rely on. The information must be provided to Ofsted (or to the childminder agency if a childminder is registered with one) as soon as reasonably practicable, but in any event within 14 days of the time when they became aware of the information, or would have become aware had they made reasonable enquiries. 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. However, a provider may be able to guess their identity from the information provided. This is sometimes also referred to as voluntary cancellation or resignation. 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. Offences under The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are: failure, without reasonable excuse, to comply with the requirements of: The offence under The Childcare (General Childcare Register) Regulations 2008 is failure, without reasonable excuse, to comply with the requirements of paragraph 5 of schedule 3.

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