LATEST OFSTED NEWS

Ofsted – Regulatory Changes from 3rd October 2005

As from Monday 3rd October 2005 there are to be a number of changes to the National Standards. An addendum and guidance to the National Standards will be issued to all childcare providers informing them of these changes.

Complaints Procedure
The Ofsted Complaints Procedure is also to change and all complaints to Ofsted will be referred back to the setting to be dealt with by the setting in the first instance.

From 3rd October all childcare providers must have a written complaints procedure that must be shared with parents.

All formal complaints (in writing or email) must be investigated and responded to within 28 days. Providers must give an account of findings and action taken to the complainant. This must be in writing if requested. If the complainant is still not satisfied they can then complain to Ofsted who will deal with the complaint at this point.

Providers must keep a record of all complaints made to them and this must be available to parents. Records of complaints must be kept for 10 years.

There is a copy of a form which can be used for this purpose on the Ofsted website. http://www.ofsted.gov.uk/

Birth to Three Matters
From October 3rd 2005 Birth to Three Matters becomes supporting criteria to Standard 3 of the National Standards. It will become part of Ofsted Inspection and inspectors will look at how it is being used in settings. More info here.

Disqualification
More reasons for disqualification from registration will take effect from 3rd October 2005. These include previous care orders, refusal for care homes and refusal to become a foster parent. Providers who have previously been refused or cancelled registration will now be disqualified.

A waiver process will be available and providers can apply for their disqualification to be waived. Providers can be disqualified from working in all childcare settings or just a certain type of setting, e.g someone may be disqualified from working as a childminder but may be able to be employed in a group setting. Providers will be informed in writing of the decision. If a waiver is not granted the provider has a right to appeal.

The waiver applies to settings as a whole and to individual staff working within settings. If a waiver is not granted then the person cannot be employed. If a waiver is granted the provider must ensure the individual is suitable for the work they are doing.

Providers must inform Ofsted if they discover that a member of staff has been disqualified. The waiver cannot be granted for anyone on the Protection of Children list.

Daycare Staff Suitability
From October 3rd it will no longer be Ofsted’s responsibility to ensure that staff working in daycare settings are suitable to work with children. This will now be the provider/registered person’s responsibility.

The registered person, Daycare Managers and Childminders will still be Ofsted’s responsibility. For all other staff the setting / registered person is responsible. Ofsted will check vetting procedures as part of inspections. Things they may look for are the recruitment process used, procedures for obtaining references, decision making procedures, career history of employees. Ofsted will want to see all procedures that are in place to determine suitability of staff. If these are not seen to be adequate actions will be taken and Ofsted may look at the provider’s attitude to recruiting and employing staff and the risk to children. Providers are no longer required to inform Ofsted of changes in staff/ new employees, except for the registered person. As a result of this DC2 Forms are no longer required.

CRB Checks
The provider is responsible for undertaking CRB Checks from 3rd October 2005. Ofsted are no longer responsible for this. There will be organisations appointed by the DFES available to carry out checks for providers. Information of these organisations will be given to providers as soon as possible. As stated above

Ofsted will check vetting procedures as part of inspections and there is no longer a need to inform Ofsted of staff changes.

The subsidy for CRB checks will continue for the time being.

Application fee
The application fee for registration must now be paid at the point of application and sent with your application form. If applications are received without payment the applicant will need to re-apply again completely - payment cannot be made later. Fees will stay the same for the time being.

The application fee is non-refundable. Applications already in the process will still be accepted.

Inspections and Reports
Inspections will now take place on a 3 year cycle linked to the academic year. So schools and childcare will now both be under 3 year inspections. Inspections will be unannounced but if for some reason a provider does receive notice they must inform parents of this. Parents must have access to the Ofsted Inspection Report without charge.

All these changes take place with effect form 3rd October 2005. As a result of these changes Ofsted is to produce the following information for providers:

• New Application Packs to be used from 3rd October
• Revised guides to registration
• An addendum and guidance to this for the National Standards
• A new leaflet about complaints.