Protocol between Ofsted and local authorities on sharing information about childcare providers
Published:November 2012
Reference no:070151
Contents
Section 1: Introduction
1.1 Purpose
1.2 The role of Ofsted
1.3 The legal framework under which Ofsted regulates
1.4Requirements for childminders and childcare providers
1.5 Powers and duties
1.6 Inspection and reports
1.7 Organisation of Ofsted’s registration and inspection functions
1.8Ofsted’s National Business Unit
1.9The role of local authorities
1.10Specific legal context of Ofsted and local authorities in relation to sharing information about childcare
Section 2: Working arrangements
2.1What Ofsted will do
2.2What local authorities will do
2.3What Ofsted cannot disclose to local authorities
2.4Electronic communication
Section 3: Annexes
3.1List of information that Ofsted provides to local authorities
3.2List of protocols
3.3Ofsted’s offices
3.4Documentation and references
Section 1:Introduction
This protocol is between local authorities and Ofsted in relation to sharing information about registered childcare providers.
1.1 Purpose
1.1.1This protocol sets out the working relationships between Ofsted and local authorities by:
establishing the legal basis for Ofsted’s regulatory 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.
1.2 The role of Ofsted
1.2.1Ofsted is responsible for regulating and inspecting:
childminders and other 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 and other childcare providers included on the voluntary part of the Childcare Register.
1.3 The legal framework under which Ofsted regulates
1.3.1The legislation, together with any subsequent regulations and standards under which Ofsted regulates childcare providers, includes the following:
Childcare Act 2006
The Statutory Framework for theEarly Years Foundation Stage
The Childcare (General Childcare Register) Regulations 2008.
1.4Requirements for childminders and childcare providers
1.4.1Ofsted 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 which registration is not required but who choose to do so.
1.4.2Providers on the Early Years Register must meet both the welfare and the learning and development requirements set out in the Statutory Framework fortheEarly Years Foundation Stage. 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.
1.5Powers and duties
1.5.1Ofsted regulates childcare providers against all relevant legislation and requirements.
1.5.2Ofsted 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 overwho live or work on premises where childminding takes placeare suitable.
1.5.3Ofsted 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.
1.6Inspection and reports
1.6.1Ofsted 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.
1.6.2Following 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
1.6.3 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.
1.6.4 Following inspections of providers on the Childcare Register, Ofsted will produce a letter setting out whether the provider meets the requirements of that register.
1.6.5 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.
1.7Organisation of Ofsted’s registration and inspection functions
1.7.1Ofsted’s registration and inspection activity is covered by two directorates:
Inspection Delivery, which is responsible for scheduling and delivering high quality inspection and regulation according to agreed frameworks
Inspection Development, which is responsible for developing the inspection and regulation frameworks, policy and guidance used by Inspection Delivery.
These two areas 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.
1.8Ofsted’s National Business Unit
1.8.1 As part of the Inspection Delivery directorate, Ofsted operates a National Business Unit.
1.8.2 The National Business Unit provides services and support for all Ofsted's operations. It is responsible for, among other things:
end-to-end processing of new applications for childminding and childcare providers
processing suitability checks on all people for whom Ofsted has such responsibility
bulk document handling, mail distribution, printing and scanning
a national telephone contact centre.
1.8.3The National Business Unit is Ofsted's first point of contact for all customers.
1.9The role of local authorities
1.9.1 Local authorities are responsible for, among other things, assisting children in need and working with other agencies to protect children from abuse.
1.9.2 Ofsted has working relationships with local authorities and other agencies to share information to protect children. Ofsted sets out working relationships with local authorities and other agencies in respect of these functions through other protocols.
1.10Specific legal context of Ofsted and local authorities in relation to sharing information about childcare
1.10.1 The Childcare Act 2006 places a duty on Ofsted to share information about registered childminders and childcare providers with local authorities in England, and with Her Majesty’s Revenue and Customs. The Childcare (Supply and Disclosure of Information) (England) Regulations 2007 and The Childcare (Supply and Disclosure of Information) (England) (Amendment) Regulations 2008 specify the information which Ofsted must share with these organisations.
1.10.2 The Childcare Act 2006 places a duty on English local authorities to provide information, advice and assistance to parents and prospective parents to help or assist them in choosing childcare. The Childcare (Provision of Information) (England) Regulations 2007 specify the information which local authorities must make available to parents and prospective parents. Local authorities normally discharge this duty through their Family Information Services, which are usually the first point of contact for parents and prospective parents when choosing childcare. However, some local authorities may adopt a different design and structure to deliver these services other than through their Family Information Service. Therefore, references in this protocol to ‘Family Information Service’ should be read to include other arrangements.
Section 2: Working arrangements
2.1What Ofsted will do
2.1.1Ofsted provides local authorities withupdated informationeach day through the Information System for Parents and Providers (ISPP). The information that Ofsted shares with local authorities is set out in an Annex to this protocol This information includes the unique reference number and details of all providers registered on the Early Years and Childcare Registers, and of certain steps that Ofsted has taken in relation to that registration.
2.1.2Ofsted secures these electronic data transmissions through its Information Gateway.
2.1.3 Childcare data information is encrypted and securely transfered directly to local authorities. Each individual local authority has a certificate with password and login details, and instructions on how to access the system.
2.1.4 Ofsted tells parents or prospective parents to contacttheir localFamily Information Service if they require information about the availability of registered childcare services in their local area.
2.1.5Ofsted tells childminders and childcare applicants to contact their local authority for information about pre-registration courses, and for advice about training or any other support that the local authority offers.
2.1.6Ofsted willhandle and, where possible, will answer queries on the same working day from Family Information Services about the technical aspects of the data transfer, or about any data issues surrounding individual providers. Any queries that cannot be answered on the same working day will be answered within 20 working days.
2.1.7 Ofstedalso publishes a range of information about registered childcare providers on its website. This includes some of the information that it shares with local authorities. However, Ofsted does not publish on its website, or otherwise disclose to the public, the names and addresses of registered childminders, even though Ofsted shares this information with local authorities under the legal provisions outlined above.
2.1.8Ofsted’s National Business Unitis the first point of contact for local authorities wishing to raise either technical queries on the data transfer, data clarification or data quality queries with Ofsted.Where the query relates to the technical aspects of the data transfer the National Business Unit will pass the query to the Ofsted IS Helpdesk. Where the query relates to data clarification or data quality issues, the National Business Unit will pass this to the most appropriate person within Ofsted, depending on the nature of the query.
2.1.9Local authorities will use the following contact details for all queries relating to the Ofsted childcare data clarification or data quality issues:
NBU (National Business Unit) – Ofsted
Help desk tel.number:0300 123 1231
Email inbox: .
2.1.10 Ofsted provides local authorities and their Family Information Services with informative materials about the regulation and inspection of childcare providers.
2.1.11 On occasions Ofsted receive information that a local authority adviser may have given incorrect information to an applicant or registered provider. In this situation we will normally contact the local Family Information Service or another part of the local authority responsible for the early years support and advice function and provide our advice on the issue. This will be done by email to the last known email address provided by the local authority.
2.2What local authorities will do
2.2.1Local authorities, and their Family Information Services, will redirect to Ofsted’s National Business Unit any parents or others who have a concern about childcare providers or their provision. The telephone number is:0300 123 1231. If the person with the concern will notcontact Ofsted directly, the local authority will take details from the caller and send a brief, written summary to Ofsted. If Ofsted requires any additional information, it will contactthe individual directly, where possible.
2.2.2Local authorities and Family Information Services will refer written complaints about registration or compliance issues to Ofsted. The Family Information Services will send complaints to . Where a complaint contains sensitive information, the Family Information Service will send it by post to Ofsted’s National Business Unit.
2.2.3When dealing with requests from parents or carers for a change of childcare provider,Family Information Services need to be alert to the reasons for the request and any underlying concerns. Where concerns are identified, Family Information Services should refer the details to Ofsted.
2.2.4 Where a local authority or Family Information Service has other information about any childcare provider that it considers should be passed to Ofsted, it will do so by contacting contacting the National Business Unit on 0300 123 1231.The leafletLocal authority information sharing with Ofsted[1]provides some general principles that local authorities can use when sharing information with Ofsted. It sets out the type of general information that local authorities should share with Ofsted and how it should be shared. It also tells local authorities how Ofsted handles the information given to us.
2.2.5 Local authorities and Family Information Services may issue to parents, or people wishing to start childcare services and other enquirers, any informative material that Ofsted produces.
2.2.6Local authorities and Family Information Services include appropriate information about Ofsted in their own information or advertising material, and tell users of their service about Ofsted’s website:
2.2.7Family Information Services will tell parents and carers of the need to check a provider’s registration certificate before using the childcare service.
2.2.8Local authorities and Family Information Services remind providers of their duty to tellOfsted of any plans for: expansion of their provision; changes in the use of premises; development of existing services; and other changes to the number or age range of children being cared for.
2.2.9Local authorities and Family Information Services remind childcare providers that they must tell Ofsted if there are any changes involving the person in charge. They also remind childminders to tell Ofsted if there are any changes involving people aged 16 years or over who live or work on premises where childminding takes place.
2.2.10 Local authorities and Family Information Services will tell Ofsted if they are aware of any provision operating without registration and registered providers who are operating outside the requirements for registration. The Family Information Services will send such information to . Where the information contains sensitive data, the Family Information Service will send it by post to Ofsted’s National Business Unit.
2.2.11 Local authorities and Family Information Services will refer any queries received from the media about provision where Ofsted has taken enforcement action, to Ofsted’s National Business Unit, which will refer the call to Ofsted’s press office.
2.2.12 Local authorities will inform Ofsted about any changes to contact persons.
2.3What Ofsted cannot disclose to local authorities
2.3.1Ofsted cannot givelocal authorities any information gathered during an investigation into a provider’s compliance with the relevant requirements. This information could compromise the regulatory processes or business interests of providers. Ofsted will, however, tell the local authority if a decision is made to suspend or cancel a registration or prosecute a provider if they commit an offence. Ofsted will also tell the local authority about other enforcement action it has taken, for example issuing a welfare requirements notice.
2.3.2 Ofsted cannot give local authorities any information about applicants for registration as childminders or childcare providers. The legal duty to share information with local authorities relates only to those providers whom Ofsted has registered.
2.4Electronic communication
2.4.1 Where possible, Ofsted and local authorities will share information electronically. This will provide a quicker and more effective way for them to respond to requests for information. Ofsted and local authorities must comply with their respective internal electronic information management policies to manage all electronic communication effectively.[2]
Section 3:Annexes
3.1List of information that Ofsted provides to local authorities
Childcare provider’s name
Setting name
Unique reference number (URN)
Provider address
Provider telephone number (if available)
Provider fax number (if available)
Provider email address (if available)
The address where childcare is provided (unless in the child’s own home) if different from the provider’s address
Setting telephone number
Setting fax (if available)
Setting email address (if available)
Date of registration
Registration cancelled and date of cancellation
Registration suspended and date of suspension
Registration resigned and date of resignation
Provision type
Second provision type (where applicable)
Information as to the time and duration of the provision of childcare
Conditions of registration
Information as to the number and ages of children to whom childcare is to be provided (where applicable) or maximum numbers of children to be looked after (where no numbers and ages condition is set)
Information connected with any enforcement action taken against the provider (notices of intention, notices of decision, welfare requirements notices)
Name of the local authority where the childcare premises are located
Date of the most recent inspection
Care judgement for the most recent inspection
Whether the person is on the Early Years Register, compulsory part of the Childcare Register, and/or voluntary part of the Childcare Register
Providers whose details cannot be made public (for example, Women’s Refuges)
3.2List of protocols
Building control departments
Local authorities: sharing information about childcare providers
Local Authority Children’s Services
Environmental health departments
Fire and Rescue authorities
Local Safeguarding Children Board
Ministry of Defence
Women’s Aid Federation of England.
3.3Ofsted’s offices
London office
Aviation House
125 Kingsway
London
WC2B 6SE
Manchester office
Piccadilly Gate
Store Street
Manchester
M12WD
Nottingham office
Building C
Cumberland Place
Nottingham
NG1 6HJ
Bristol office
Freshford House
Redcliffe Way
Bristol
BS1 6NL
National Business Unit
Piccadilly Gate
Store Street
Manchester
M12WD