Protocol between Ofsted and local authority children’s services in relation to childcare and childminding
This protocol sets out the working relationships between Ofsted and local authority children’s services with regard to childcare provision.Published:May 2010
Reference no:070145
Contents
Introduction
Purpose
The role of Ofsted
The legal framework under which Ofsted regulates
Requirements for childminders and childcare providers
Powers and duties
Inspection and reports
Organisation of Ofsted’s registration and inspection functions
Working arrangements
What Ofsted does
What local authority children’s services do
Electronic communication
Annex 1. List of Ofsted’s offices
London office Aviation House 125 Kingsway London WC2B 6SE
Manchester office
Nottingham office
Bristol Office
National Business Unit
National helpline
Annex 2. List of organisations, settings and functions that we inspect/regulate
We inspect or regulate the following services in England
Annex 3. List of relevant legislation
Introduction
1.This protocol is between local authority children’sservices and Ofsted with regard to childcare provision.
Purpose
2.This protocol sets out the working relationships between Ofsted and local authority children’s services by:
establishing the legal basis for Ofsted’s regulatory and inspection responsibilities
explaining how Ofsted carries out those responsibilities
explaining the responsibilities of the partner organisations
explaining how agreed working arrangements can assist both organisations to meet these responsibilities.
The role of Ofsted
3.Ofsted regulates and inspects childcare and children's social care, and inspects the Children and Family Court Advisory Support Service (Cafcass), schools, colleges, initial teacher training, work-based learning and skills training, adult and community learning, and education and training in prisons and other secure establishments. It rates council children’s services, and inspects services for looked after children, safeguarding and child protection.
4.The full list of services that we regulate and inspect can be found in Annex 2.
5.In particular, with regard to childcare and childminders Ofsted is responsible for regulating and inspecting:
childminders and childcare providers included on the Early Years Register and the compulsory part of the Childcare Register who care for children aged under eight years
childminders, home childcarers and childcare providers included on the voluntary part of the Childcare Register.
The legal framework under which Ofsted regulates
6.The legislation, together with any subsequent regulations and standards under which Ofsted regulates childcare providers, includes the following:
Childcare Act 2006
The Statutory Framework for the Early Years Foundation Stage
The Childcare (Early Years Register) Regulations 2008
The Childcare (General Childcare Register) Regulations 2008.
Requirements for childminders and childcare providers
7.Ofsted regulates childminders and childcare providers against the requirements of two separate registers: the Early Years Register (for those providing care for children aged from birth to the 31 August following their fifth birthday); and the Childcare Register. The Childcare Register is divided into two parts: the compulsory part, for those providing care for children from 1 September following the child’s fifth birthday to under eight; and the voluntary part, for those providing care for children up to the age of 18 for which registration is not required but who choose to do so.
8.Providers on the Early Years Register must meet both the welfare and the learning and development requirements set out in the Statutory Framework for the Early Years Foundation Stage and the requirements for registration set out in The Childcare (Early Years Register) Regulations 2008. Providers on the Childcare Register must meet the requirements set out in The Childcare (General Childcare Register) Regulations. These requirements are set by the Government.
Powers and duties
9.Ofsted regulates childcare providers against all relevant legislation and requirements.
10.Ofsted is responsible for ensuring that registered childminders and childcare providers are suitable to work or be in regular contact with children and young people and that those providers continue to comply with government standards. In addition, Ofsted is responsible for ensuring that all people aged 16 years or over who live or work on premises where childminding takes place are suitable.
11.Ofsted has a range of powers to carry out these regulatory responsibilities. It can:
grant, refuse or cancel registration
impose, vary or remove conditions of registration
grant or refuse applications for variations to conditions of registration
prosecute providers for specific offences under relevant legislation
suspend registration.
12.Ofsted does not investigate individual child protection cases or referrals. Criminal investigations relating to child abuse are the responsibility of the police. Local authorities are responsible for assessing children in need and enquiries relating to children who are suffering, or likely to suffer, significant harm. However, if Ofsted believes that children are at risk of harm in a registered setting it will use regulatory powers to take action as required.
Inspection and reports
13.Ofsted has a duty to inspect childcare providers who are registered on the Early Years Register at least once in the prescribed inspection cycle, where this is applicable.
14.Following inspections of providers on the Early Years Register, Ofsted will report on four key judgements:
how well does the setting meet the needs of children in the Early Years Foundation Stage?
the effectiveness of leadership and management of the Early Years Foundation Stage
the quality of provision in the Early Years Foundation Stage
outcomes for children in the Early Years Foundation Stage.
15.Ofsted also has a power to inspect providers who are on the Childcare Register. Ofsted will inspect a 10% sample of providers who are only registered on the Childcare Register, which will include any providers about whom there has been a complaint relating to the requirements for registration.
16.Following inspections of providers on the Childcare Register, Ofsted will produce a letter setting out whether the provider meets the requirements of that register.
17.Providers may be on one or both registers. Where providers are on the Early Years Register and the Childcare Register, Ofsted will report on compliance with the requirements of the Childcare Register in the inspection report on the Early Years Foundation Stage.
Organisation of Ofsted’s registration and inspection functions
18.Ofsted’s registration and inspection activity is covered by two directorates:
Inspection Development, which is responsible for developing the inspection and regulation frameworks, policy and guidance used by Inspection Delivery.
Inspection Delivery, which is responsible for scheduling and delivering high quality inspection and regulation according to agreed frameworks. In particular:
The National Business Unit (NBU), based in Manchester, provides services and support for all Ofsted's operations. It is responsible for, among other things:
end-to-end processing of new applications for services that need registration
processing suitability checks on all people for whom Ofsted has such responsibility
receiving and forwarding complaints and enquiries.
a national telephone contact centre.
The national Compliance, Investigation and Enforcement team (CIE), based in Nottingham, is responsible for regulatory investigation and enforcement in early years and children’s social care work
19.Inspection Development and Inspection Delivery are national functions across Ofsted, although some aspects of Inspection Delivery are located in one of Ofsted’s three regional offices in Bristol, Nottingham and Manchester. The Inspection Development directorate is located in Ofsted’s London office.
20.The National Business Unit is Ofsted's first point of contact for all customers.
Working arrangements
What Ofsted does
21.All childminders and childcare providers for children under eight yearsin England must comply with the requirements for registration, unless exempt from registration.[1]
22.Ofsted checks the following people who look after or are in regular contact with children under the age of eight years:
the applicant for registration
childminder’s assistants
people aged 16 years or over, who live or work on premises where childminding takes place
a person in day-to-day charge of childcare (manager)
those who make up the registered person where this is an organisation, and also when such people change (for example changes of committee members).
Each individual must complete a form that gives consent for Ofsted to carry out a series of checks on them, including a check againstchildren’sservices records, and for this information to be shared with Ofsted. Consent is also sought for the onward disclosure of the information to the applicant for registration or the registered person, whichever is applicable.
23.If signed consent is not received from the subject of the check, we will inform the applicant for registration or the registered provider that the application for registration, or the check on the individual, cannot proceed.
24.Ofsted keeps a list of the named contacts for relevant children’sservices departments at its National Business Unit. The list is updated as required.
25.Ofsted requests information from the named contact provided by the Directorof Children’s Services where the person to be checked lives, and any authority where the person has lived within the previous five years.
26.Ofsted sends written requests, on a daily basis, to the named contact provided by the Director of Children’s Services, asking if any information held on children’sservices records,including child protection records, should be considered in determining a person’s suitability.
27.Ofsted providesthe details of the people to be checked and their intended role in childcare, and confirms that the people have given permission for the checks of children’s services records and child protection records.
28.In all cases where information about an individual leads to Ofsted deciding that the person is not suitable to work or be in regular contact with children, Ofsted will inform the applicant for registration, or registered person. However, Ofsted will not disclose details of the information that led to it making the decision without prior consent from the individual. In the case of a manager at a childcare setting, or a childminder assistant, employers must inform Ofsted of their employment decision.
Whatlocal authority children’sservices do
29.Local authority children’s services:
accept that Ofsted has obtained consent from the person concerned to obtain information from children’s services records
decide if information can be released to Ofsted
arrange a check of child protection records and other appropriate case records
make an initial response to Ofsted within two weeks of receiving the request stating that:
the person is not known
information is held which may be relevant to the application and providing a summary of that information
the person is known to children’s services, but information cannot be provided within two weeks and when the Director of Children’s Services will provide Ofsted with the information.
provide information in writing so that Ofsted can make a decision about a person’s suitability
are aware that any information provided to Ofsted may be shared with the subject of the check and that Ofsted may need to use the information as evidence that the applicant for registration or registered person is not suitable.
30.Local authority children’s services share information with Ofsted when they have knowledge of unregistered childminding or childcare provision. The criteria for registration, subject to certain exemptions, are set out below.[2]
Childmindingis care provided:
for one or more children
where at least one child attends for a period or total periods exceeding two hours
for reward, and
on domestic premises, where three or less people work together to provide the care.
Childcare is care provided on non-domestic premises or domestic premises where the total number of people providing the care exceeds three. A childcare provider, unless exempt from registration provides care:
for one or more children
for individual children for a period, or total periods, exceeding two hours.[3]
Electronic communication
31.Where possible, Ofsted and local authority children’s services will share information electronically. This will provide a quicker and more effective way for them both to respond to requests for information. Ofsted must comply with its internal electronic information management policies to manage all electronic communication effectively.
Annex 1.List of Ofsted’s offices
London officeAviation House125 KingswayLondonWC2B 6SE
Manchester office
Royal Exchange Buildings
St Ann's Square
Manchester
M2 7LA
Nottingham office
Building C
Cumberland Place
Nottingham
NG1 6HJ
Bristol Office
Freshford House
Redcliffe Way
Bristol
BS1 6NL
National Business Unit
Royal Exchange Buildings
St Ann's Square
Manchester
M2 7LA
National helpline:
0300 123 1231
Annex 2.List of organisations, settings and functions that we inspect/regulate
We inspect or regulate the following services in England:
childminders
childcare on domestic premises
childcare on non-domestic premises
adoption and fostering agencies
residential schools, family centres and children’s homes
all state maintained schools
some independent schools including boarding schools
pupil referral units
the Children and Family Courts Advisory Service (Cafcass)
the quality of services and outcomes for children and young people in each local authority
further education
Initial Teacher Education
publicly funded adult skills and employment-based training
learning in prisons, the secure estate and probation.
Annex 3. List of relevant legislation
The ChildcareAct 2006
The Statutory Framework for the Early Years Foundation Stage
Working together to safeguard children: a guide to interagency working to safeguard and promote the welfare of children (2010)
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Protocol between Ofsted and local authority children’s services
[1] The exemptions to registration are set out in The Childcare (exemptions from registration) Order 2008 and The Childcare (exemption from registration) Order 2010.
[2]The exemptions to registration are set out in The Childcare (exemptions from registration) Order 2008 and The Childcare (exemption from registration) Order 2010.
[3] There is no requirement for a provider to be in receipt of reward in relation to the provision of childcare.