Health and Safety in Early Years and Childcare. Bernadina Laverty

fully aware of the process regarding suspension and termination of employment contracts. Disqualified people are not permitted to work with children in any capacity. Appealing a disqualification or applying for a waiver does not reinstate their suitability. Written, authorised evidence of a waiver being granted must be in place prior to persons being reinstated.

      Being a disqualified person has major implication for individuals both professionally and financially. So, some people may choose to conceal this information from their employers. Childminders may choose to conceal this information from Ofsted but failure to notify Ofsted, without a reasonable excuse, is an offence. Effective supervision of staff is crucial in building relationships and part of this is being alert to changes in individuals’ circumstances. Make sure staff are aware of the importance of keeping employers informed of any changes in their circumstances that may affect their ongoing suitability.

      Informing Ofsted

      

EYFS 3.11, EYFS 3.15 and CR 2.3 and CR 12.1

      Ofsted must be informed of:

      •grounds for disqualification

      •relevant dates

      •legal details including sentencing information.

      A copy of the order must be sent to Ofsted.

      

Law

      All details regarding a pending or imposed disqualification must be made to Ofsted. It is an employer’s responsibility to ensure all staff are suitable. Therefore, employees need to be fully aware of the implications of becoming a disqualified person.

      

EYFS 3.16

      Ofsted must be informed about anything that would jeopardise children’s safety as soon as is reasonably practicable, but in any event within 14 days. Ensure all telephone calls are logged, emails are collated and posted documents should be sent recorded delivery as proof of postage.

      

Law

      Individuals need to demonstrate they have contacted Ofsted within 14 days in order to prove they have not committed an offence.

      Childminders

      The above guidance applies to childminders who also need to consider:

      

EYFS 3.14 and CR 12.1

      A registered childminder must stop childminding if any or all of the following are deemed disqualified:

      •the childminder

      •any person living in the same household

      •any person employed by the childminder.

      

Remember

      Childminders need to be alert to changes in circumstances of people such as partners, lodgers, children/step children over the age of 16 that may have implications for their registration.

Complaints and inspection

      

EYFS 3.73, EYFS 3.74 and CR 7.1–CR 7.6

      Parents and carers, professionals – indeed any person who is dissatisfied with the quality of childcare provided at a setting – can make a complaint. Sometimes, this can be resolved amicably, without Ofsted becoming involved. Providers must enable parents and carers to escalate their concerns by providing contact information for Ofsted.

      Ofsted will not investigate complaints about contractual, business disputes or fee structures. Ofsted’s response to concerns being raised is to ensure all providers are adhering to their conditions of registration and meeting the requirements of the EYFS. This may be ascertained by an inspection. Ofsted risk assess complaint information and decide how quickly an inspection is required. A full inspection report is published following an inspection. For more information see ‘Conducting priority and brought forward inspections following risk assessment’ (July 2013). http://www.ofsted.gov.uk/resources/conducting-priority-and-brought-forward-inspections-following-risk-assessment.

      

Law

      Inspections are conducted under sections 49 and 50 of the Childcare Act 2006. This legislation covers the period from the inspection to the publication of the report.

      Complaints can be malicious and can arise from disgruntled service users, disputes with neighbours or ex-staff. Ineffective communication systems and contractual disputes tend to underpin most malicious complaints.

      

Remember

      It is crucial that you foster professional relationships with parents and/or carers, especially regarding exchanging information and having a clear fee structure.

      All providers registered with Ofsted will be subject to inspection. This is to ensure compliance with the EYFS. Parents and carers must have access to a copy of the inspection report. Providers will be inspected at least once in each cycle or more frequently if concerns are raised. From November 2013, the gradings are: outstanding (1), good (2), requires improvement (3) and inadequate (4). For more information on how inspections are graded see ‘Evaluation schedule for inspections of registered early years provision’ (October 2013). http://www.ofsted.gov.uk/resources/evaluation-schedule-for-inspections-of-registeredearly-years-provision.

      Each inspection conducted is unique, based on the evidence provided on the day. Therefore, inspection gradings are not pre-empted, not guaranteed and may change from previous inspections, based on the day’s findings. From November, 2013, the focus of inspection is safeguarding, teaching and safety. ‘Teaching’ is a broad term and encompasses many elements, including how well children learn, develop and the importance of children’s emotional well-being. For more information on preparation for inspection see; ‘Are you ready for your inspection? A guide to inspections of provision on Ofsted’s Childcare and Early Years Registers’ (August 2012). http://www.ofsted.gov.uk/resources/are-you-ready-for-your-inspection-guide-inspectionsof-provision-ofsteds-childcare-and-early-years-r.

      Providers must demonstrate how they comply with the EYFS and show evidence of their own evaluation of their provision. For more information on self-evaluation see http://www.ofsted.gov.uk/resources/early-years-online-self-evaluation-form-sef-and-guidancefor-providers-delivering-early-years-founda.

      Written procedures

      

EYFS 3.73 and CR 7.1

      Providers must have clear procedures for dealing with all complaints and concerns. Detailed complaint records must be in place and include investigation details and outcomes.

      

EYFS CR 7.2, CR 7.4, CR 7.5, CR 7.6

      A 28-day timescale is stipulated to investigate and resolve