Childminder agency handbook
Handbook for the registration and enforcement of childminder agencies under Part 3A of the Childcare Act 2006 (as amended by Schedule 4 to the Children and Families Act 2014)
This handbook provides guidance for childminder agencies onhow to apply for registration and information about our registration process and how we assess suitability. It provides guidance for inspectors and sets out the legal background to our compliance and enforcement work and the extent of our powers.Published:October 2017
Reference no:140147
Contents
About this guidance
Part 1 – A guide to registration
Introduction
Before you apply
What can prevent you from registering as a childminder agency?
Applying to waive disqualification
The nominated individual
Applying for a criminal check with the Disclosure and Barring Service
Making an application for registration
The application forms
Statement of purpose
How we process your application
The registration visit
Withdrawing your application
Registration
Refusing registration
After registration
Resigning registration
Part 2 – registration and suitability: childminder agencies
Introduction
Applications and checks – guidance for both registers
Deciding if an application is complete
The statement of purpose
Application process
The registration process
Applications made by existing registered providers
Part 3 - Ofsted’s enforcement policy: childminder agencies
Introduction
Section 1. Options available for ensuring compliance
Section 2. Thresholds for enforcement action
Section 3. Decision-making
Annex A
Who is registered and what are their responsibilities?
About this guidance
This handbook is divided into three parts:
Part 1 – provides information and guidance for childminder agencies in applying to register
Part 2 – provides information about our registration processes and how we assess suitability
Part 3 - provides guidance for inspectors and sets out the legal background to our compliance and enforcement work and our powers.
Part 1 – A guide to registration
Introduction
1.This section provides you with information about how to register as a childminder agency. It explains what processes your application will go through before Ofsted can decide whether you are suitable to register with Ofsted as a childminder agency.
2.Childminder agencies are required by law to register with and be inspected by Ofsted. You must not operate as a childminder agency without being registered.Childminder agencies must meet a range of legal requirements in order to register. We expect childminder agencies to show that they understand and can demonstrate a knowledge of the requirements for registration[1] and that they have a knowledge and understanding oftheStatutory framework for the Early Years Foundation Stage and/or the Childcare Registerrequirements.
3.This guidance explains:
how to apply for registration
how we assess your application and decide if you are suitable
what you need to do once you are registered.
4.As a registered childminder agency you will be obliged by law to:
submit a statement of purpose and ensure this is kept updated to reflect how the agency meets the requirements for registration
ensure a childminder’s suitability, including, where appropriate, their capacity to deliver the statutory requirements of the Early Years Foundation Stage[2] and/or the Childcare Register requirements, as applicable
ensure the suitability of all those working in the agency, including, where appropriate, their capacity to support and monitor childminders registered with the agency
support the training and development of childminders
quality assure the standard of care being delivered by the childminders you register.
5.When applying to register a childminder agency you will need to demonstrate that you have robust and effective procedures in place for implementing requirements[3] and assessing the value and effectiveness of all services that you provide.
6.There are two registers and arrangements differ according to whether you apply for registration as an early years childminder agency or a later years childminder agency or both.
the Early Years Register is a register of providers who care for children in the early years age group (children aged from birth until 31 August after their fifth birthday)
the Childcare Register is for providers who want to look after children aged from 1 September after their fifth birthday up to the age of eight. The Childcare Register has two parts:
the compulsory part
Providers must register on this part if they care for one or more children following their fifth birthday until they reach their eighth birthday.
the voluntary part
Providers who are not eligible for compulsory registration may choose to register on this part.These are mainly people looking after children aged eight and over, or providing care in the child’s home (usually nannies).
7.A childminder agency can register on the Early Years Register and/or the Childcare Register. If you apply to register on the Early Years Register, we will test your knowledge of the Early Years Foundation Stage, as you are required to assess how well childminders registered with you deliver this. We will also test your knowledge of the Childcare Register requirements[4], as some childminders registered with you will need to meet these requirements. If you are applying to register on the compulsory part of the Childcare Register, we will only test your understanding of the requirements related to this register. A childminder agency cannot register only on the voluntary part of the Childcare Register.
Before you apply
8.If after reading this document you have any enquiries about the registration process please call 0300 123 1231.
9.Applicants must have the right to work in the UK. If you are not sure whether you have the right to work in the UK, you should contact the UK Border Agency for advice at by telephoning 0870 606 7766.
10.Before we can register you, you will need to demonstrate to us that you are able to meet the requirements for childminder agencies.[5]
11.You will need to have:
completed a Disclosure and Barring Service (DBS) application form via the Capita website at Ofsted also strongly recommends that you register with the DBS update service at you need to do thiswithin 30 days of your DBS certificate being issued. Where the sole purpose or main purpose of an organisation is to run the childminder agency, each person connected with your application must have completed their Disclosure and Barring Services check prior to applying. You cannot apply without a Disclosure and Barring Services certificate. Each person must arrange to have their identity documents checked as set out in the guidance on the Capita website. Where the sole or main purpose of the organisation is not operating the childminder agency, you must appoint a ‘nominated individual’ and this individual must complete the check (the ‘nominated individual’ is explained later in this section). An agency whose sole or main purpose is to operate the childminder agency will still need to appoint a nominated individual who we will liaise with directly as part of the application process.
understood that the registration process will involve a range of checks on you and each person connected with your application
paid the required fee as part of the application process
developed a statement of purpose setting out how you intend to meet the requirements for registration and submitted this as part of your application.
12.You must not operate as a childminder agency without being registered. If you do so, and register childminders with the agency, you will commit an offence and Ofsted may prosecute you.
13.It is your responsibility to supply to Ofsted all the information we need to consider and decide on your application.
14.You must have a secure postal address where we can send you legal documents. You may give us permission to send you certain documents electronically. This cannot be a generic email shared with other members of the household, such as , because the information that we send could be personal. It must be an email address solely for the use of childminder agency business that is only accessed by persons connected with the agency.
What can prevent you from registering as a childminder agency?
15.Some matters can disqualify an individual from registering as a childminder agency. You can find a full list of the matters that could disqualify an individual from registering as a childminder agency in the The Childcare (Disqualification) Regulations 2009, as amended by The Childcare (Childminder Agencies) Miscellaneous Amendments Regulations 2014. This list is also included in the guidance notes on the application forms to register.
16. It is against the law to employ a disqualified person in a role that involves entering premises on which early years or later years provision is being provided.
17.It is against the law for a childminder agency to registersomeone to look after children if you know they are disqualified. You can find a full list of the matters that could disqualify an individual from registering as a childminder in the Childcare (Disqualification) Regulations 2009.[6]
Applying to waive disqualification
18.In some circumstances, disqualified people may apply to Ofsted to waive their disqualification. If we refuse to waive their disqualification, they have the right to appeal to the First-tier Tribunal (‘the Tribunal’) Health, Education and Social Care Chamber. However, we will not grant consent to apply for registration to anyone who is included on the Disclosure and Barring Service’s list of individuals barred from working with children. For more information, please refer to Part 3 of this handbook which outlines our guidance on enforcement.
19.Annex A to this handbook provides detailed information about who may be registered and outlines their responsibilities. It includes details about who we will check as part of the organisation providing a childminder agency and who we will name on the certificate. The agency is responsible for assessing the suitability of staff employed to work for the agency and childminders registered with it. The Department for Education (DfE) is publishing advice for childminder agencies around their responsibilities regarding this.
The nominated individual
20.If you are an organisation applying to register as a childminder agency, you must nominate a person (‘the nominated individual’) to represent the organisation in its dealings with Ofsted. The nominated individual must be a director, other officer, partner, or member of the organisation’s governing body. This person must be able to:
take responsibility for dealing with matters relating to the agency’s application to register with Ofsted, and its subsequent registration
oversee (either alone or with others) the management of the agency. This person will be interviewed during the registration process and will receive all legal documents and correspondence.
21.The nominated individual must have a full and thorough understanding of their own role within the childminder agency, as well as a full understanding of the requirements for registration[7]; the requirements of the Statutory Framework for the Early Years Foundation Stage[8]; and/or the Childcare Register requirements.[9]
22.We will refuse registration unless the nominated individual demonstrates that they understand the requirements which the agency must meet, and has sufficient knowledge of the requirements that childminders registered with the agency will have to meet. So, it is important that the person you appoint as nominated individual to act on your behalf has this understanding.
Applying for a criminal check with the Disclosure and Barring Service
23.All Ofsted’s Disclosure and Barring Service checks are processed by Capita. Before you submit an application to Ofsted, the individual/s referred to in Annex A must first complete a Disclosure and Barring Services application through the Capita website and you must register for the DBS’s online updating service. You will not be able to complete the application forms without a Disclosure and Barring Services certificate number.
24.The capita reference is:
‘OfstedP’ - for those applying for or linked to a new EY application for registration.
‘OfstedA’ - for those applying to be associated to a provision that is already registered. This includes if there is a change to those living or working on the premises.
25.The Capita website provides guidance on:
how to apply for a check
using the online subscription service
getting ID checked by a ‘responsible person’ or at the post office.
Capita will answer all queries that relate to how Disclosure and Barring Service checks are processed or any problems with accessing the online application.
26.Applicants should go to:
Everyone who has a Disclosure and Barring Services check will receive a copy of their disclosure in the post.
27.There are a number of organisations that the registered person may wish to use that provide Disclosure and Barring Services checks to verify the suitability of those not required to undertake checks through Ofsted. This includes staff and all people who live at and/or work on childminding premises. Information on how to apply for checks can be found at
Making an application for registration
28.You can download the relevant application form from our website. You must complete the application form and send it in to us by email, together with a PDF version of your statement of purpose. If you are unable to email the application form and statement of purpose to us, you can send them in hard copy.However, emailing them is the quickest way for us to process your application.
The application forms
29.Make sure that you and the other people associated with your application complete the relevant forms as fully as possible. We cannot process your application if you and/or others have not completed them properly.
30.It is against the law to knowingly give any information that is false or misleading in an application.[10] You can be prosecuted and fined if you do this.
Forms to be completed for applications to register a childminder agency
31.In addition to the Disclosure and Barring checks mentioned above, applicants wishing to apply for registration as a childminder agency need to complete the forms listed below. All of the application forms include guidance notes on how to complete each of the sections.
32.There are three forms to complete:
CMA1 – this is the main application form for registration as a childminder agency
CMA2 – this is the declaration and consent form
CMA3– notification to Ofsted form (This form may not be completed as part of an application but is used to notify Ofsted about changes to individuals once the application process has begun)
33.We will also look at any other information that we hold about you. This includes information about any registration you might currently have with us or have had in the past, including whether that raised concerns about your suitability.
Statement of purpose
34.You must have a statement of purpose for your childminder agency. This document should outline the service that the childminder agency plans to provide, including how the registered provider intends to meet the aims and legal requirements of a childminder agency.All staff must understand this document and be able to apply its content on a daily basis to situations and circumstances that occur.The statement of purpose should be updated so that it accurately reflects whether the provider is currently meeting the aims and legal requirements of the childminder agency. The statement of purpose may be available on the internet but a PDF version must also be sent in with your application to register.
35.You must send the statement of purposeto Ofsted as part of your application. There is no set format or size of a statement of purpose; the requirements for registration set out what the statement of purpose must include.[11] This is also included below.
36.Once registered,you must ensure that you conduct your agency in a way that is consistent with your statement of purpose. If you change the way you conduct your agency, you must update your statement of purpose to reflect this and send it to Ofsted, in a PDF version, within 28 days of making the changes.
37.The statement of purpose mustcover the following matters, even if you are not intending to offer extra services; for example, offering parents alternative provision or other additional services (in which case, your statement should make clear that you do not intend to offer any service that goes beyond the legal requirements of an agency):
the aims and objectives of the childminder agency
the organisational structure of the childminder agency
the childminder agency’s arrangements for registering providers
the childminder agency’s arrangements to train and monitor providers
the childminder agency’s arrangements for ensuring that provision is of a sufficient standard
the childminder agency’s arrangements for communicating the outcome of quality assurance visits to parents of children who are cared for by its registered providers
the childminder agency’s procedures for safeguarding and promoting the welfare of children who are cared for by its registered providers
the childminder agency’s arrangements for disseminating information to parents, and prospective parents, who are seeking information about childcare provision offered by registered providers of their childminding agency
the childminder agency’s procedures for taking enforcement action in relation to a registered provider
a childminder agency’s procedures for dealing with complaints
a description of any arrangements the childminder agency may have for offering parents alternative provision when one of its registered providers is unable to provide childcare as a result of sickness or for other reasons
a description of any additional services or facilities offered by the childminder agency.
38.We use the statement of purpose in the registration process to assess your suitability to operate a childminder agency. We also consider whether your statement of purpose demonstrates a knowledge and understanding of the requirements for registration, as set out above.