Protocol between Ofsted and the
Ministry of Defence and its accredited
organisations with regard to childcare
provision
This protocol is between the Ministry of Defence and its accredited organisations and
Ofsted with regard to childcare provision.
Published: November 2011
Reference no: 070149
Contents
Section 1. Introduction ............................................................................3
1.1
Purpose ............................................................................................ 3
1.2
The role of Ofsted ............................................................................. 3
1.3
The legal framework under which Ofsted regulates ............................. 3
1.4
Requirements for childminders and childcare providers ....................... 4
1.5
Powers and duties............................................................................. 4
1.6
Inspection and reports ...................................................................... 5
1.7
Organisation of Ofsted’s registration and inspection functions .............. 5
1.8
The role of local authorities ............................................................... 6
1.9
Specific legal context of working with the MOD ................................... 6
1.10 Responsibilities of MOD and its accredited services ............................. 7
Section 2. Working arrangements ...........................................................7
2.1
What Ofsted does for the MOD .......................................................... 7
2.2
What the MOD and its accredited regulatory organisations will do for
Ofsted .............................................................................................. 9
2.3
Electronic communication .................................................................. 9
Section 3. Authorisations .......................................................................10
3.1
On behalf of the MOD ......................................................................10
3.2
On behalf of Ofsted ..........................................................................10
Section 4. Annexes .................................................................................11
4.1
List of Ofsted’s offices ......................................................................11
4.2
MOD contacts ..................................................................................11
4.3
List of organisations, settings and functions we inspect/regulate .........12
4.4
Other protocols between Ofsted and the MOD ...................................13
4.5
List of relevant legislation .................................................................13
4.6
Flow diagram to show procedure for sharing information about the
suitability of registered childminders between Ofsted and
MOD-accredited regulatory organisations ..........................................14
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Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard
to childcare provision
November 2011, No. 070149
Section 1. Introduction
1.1
Purpose
1.1.1 This protocol sets out the working relationships between Ofsted and the
Ministry of Defence (MOD) and its accredited organisations 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.
1.2
The role of Ofsted
1.2.1 Ofsted regulates and inspects childcare and children’s social care, and inspects
the Children and Family Court Advisory and 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.
The full list of services regulated and inspected by Ofsted can be found in
Annex 4.3.
1.2.2 With regard to childcare and childminders, Ofsted is particularly 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.
1.3
The legal framework under which Ofsted regulates
1.3.1 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.
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1.3.2 The legal basis for information sharing between Ofsted and the MOD is:
 The Education and Inspections Act 2006: Section 117(2)(a) and paragraph 8
of schedule 13.
1.4
Requirements for childminders and childcare providers
1.4.1 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 aged under eight years; 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.
1.4.2 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.
1.5
Powers and duties
1.5.1 Ofsted regulates childcare providers against all relevant legislation and
requirements.
1.5.2 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.
1.5.3 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.
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November 2011, No. 070149
1.5.4 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.
1.6
Inspection and reports
1.6.1 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.
1.6.2 Following inspections of providers on the Early Years Register, Ofsted will
report on four key judgements:
 how well the setting meets 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 relating to the requirements for registration.
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.
1.7
Organisation of Ofsted’s registration and inspection
functions
1.7.1 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.
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 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. Among other things, it is
responsible for:
 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.
1.7.2 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.
1.7.3 The NBU is Ofsted's first point of contact for all customers.
1.8
The role of local authorities
1.8.1 Local authorities are responsible for, among other things, assisting children in
need and working with other agencies to protect children from abuse.
1.8.2 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 through protocols.
1.9
Specific legal context of working with the MOD
1.9.1 The Childcare Act 2006, defines Ofsted as the registration authority for
childminding and childcare provision (on both domestic and non-domestic
premises) in England. This excludes overseas bases and those in Scotland,
Northern Ireland and Wales. For overseas commands, the MOD ensures that
the regulation and inspection of childminders and childcare providers on
military premises, including service families’ accommodation or hirings, are
commensurate with English legislation.
1.9.2 The Secretary of State for Defence may accredit an organisation for the
purpose of regulating and inspecting childminders and childcare providers in
MOD establishments overseas, in accordance with The Tax Credit (New
Category of Child Care Provider) Regulations 2002.
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1.9.3 Accreditation is for a period of three years and is conditional on an organisation
continuing to meet the conditions and criteria for accreditation. The Secretary
of State for Defence may withdraw or vary the conditions of accreditation.
1.9.4 British Forces Early Years Service (BFEYS) is the MOD-accredited body
responsible for regulating and inspecting childminders and childcare providers
within the geographical area of Western Europe. The Soldiers, Sailors, Airmen
and Families Association Forces Help (SSAFA FH) is the MOD-accredited body
responsible for regulating and inspecting other overseas commands.
1.9.6 Serving personnel and their dependants when serving overseas is subject to
the provisions of the Service Discipline Acts, thereby subjecting them to UK
law. The Armed Forces Act 2006 reflects the requirements of the Children Act
2004 for service personnel and their dependants when serving overseas.
1.10 Responsibilities of MOD and its accredited services
1.10.1 The organisations accredited by the Secretary of State for Defence regulate
childminders and childcare providers in MOD establishments overseas for those
providing care for children aged from birth to under eight years, and for those
providing care for children up to the age of 18 for which registration is not
required but who choose to do so.
1.10.2 The MOD-accredited organisations are responsible for ensuring that registered
childminders and childcare providers are suitable to work or to be in regular
contact with children and young people and that those providers continue to
comply with government standards. In addition, MOD accredited organisations
are responsible for ensuring that all people aged 16 years or over who live or
work on premises where childminding takes place are suitable.
1.10.3 The MOD-accredited organisations are responsible for ensuring that
childminders and childcare providers comply with regulatory requirements and
that systems exist to carry out those regulatory responsibilities.
1.10.4 In addition to the regulatory role, SSAFA FH is the statutory social work
service on behalf of the MOD in overseas Commands. It processes requests for
suitability checks on serving and ex-serving personnel and their dependants;
this includes SSAFA FH social work records and records held by the Army
Welfare Service.
Section 2. Working arrangements
2.1
What Ofsted does for the MOD
2.1.1 Ofsted will share information with the MOD to enable registration of
childminders who were previously registered either in England or in overseas
commands, and who move between the English or overseas locations. This
may include moving from a civilian to a forces setting, or vice versa.
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2.1.2 Ofsted will ensure that there is a procedure to share information about the
registration of childminders who move to an overseas command and apply to
register with the MOD’s accredited organisations. Ofsted has a procedure to
enable childminders registered with the MOD and its accredited organisations
that move back to England and wish to childmind in England to register with
Ofsted without completing the full registration process with Ofsted. See Annex
4.6.
2.1.3 Ofsted requires everyone subject to the process to give consent for Ofsted to
use information from the accredited organisation to make a decision about
registration.
2.1.4 Where legal action is necessary, Ofsted cannot guarantee that the information
provided by MOD-accredited organisations will remain confidential. This also
applies to the MOD-accredited organisations.
2.1.5 Ofsted investigates all concerns about childcare practice in England, in
registered childcare or childminding settings, which are reported to it. Where
the information suggests children may be at risk, the working arrangements
with Local Safeguarding Children Boards come into effect (see Protocol
between Ofsted and Local Safeguarding Children Boards1). Ofsted will share
any concerns relating to a registered childminder who applies for registration
with the MOD-accredited organisations.
2.1.7 Ofsted will respond to requests for information about childminders who apply
to re-register when moving between English or overseas locations, within 30
working days. This will be replicated by the MOD-accredited organisations.
2.1.8 The appropriate MOD-accredited regulatory organisation can contact Ofsted
through the NBU on 0300 123 1231.
2.1.9 Ofsted will facilitate the inclusion of MOD and its accredited organisations’
personnel in Ofsted-delivered training, which is provided for early years
inspectors concerning registration, inspection, enforcement and legislative
changes.
2.1.11 Ofsted will quality assure the following aspects of the MOD and its accredited
organisations’ work with childcare providers:
 registrations procedures
 inspection procedures
1
Protocol between Ofsted and Local Safeguarding Children Boards (070146), Ofsted, 2010;
www.ofsted.gov.uk/resources/070146.
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Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard
to childcare provision
November 2011, No. 070149
 enforcement procedures.
2.2
What the MOD and its accredited regulatory organisations
will do for Ofsted
2.2.1 The MOD and its accredited organisations will share information with Ofsted to
enable registration of childminders previously registered in overseas commands
that move to England.
2.2.2 The MOD and its accredited organisations will ensure that there is a procedure
to share information about the suitability of registered childminders who move
to England and apply to register with Ofsted. There is a procedure to share
information about childminders registered in England who move overseas. See
Annex 4.6.
2.2.3 The appropriate MOD-accredited regulatory organisation will respond to
requests for information about childminders who transfer between overseas or
English locations, within 30 working days.
2.2.6 MOD-accredited regulatory organisations are aware that any information
provided to Ofsted may be shared with the subject of the check, or the
applicant for registration when they are the employer of the subject.
2.2.7 The MOD will organise and facilitate quality assurance visits by Ofsted
personnel. In addition, they will be responsible for the travel and
accommodation expenses of Ofsted personnel during the visit.
2.3
Electronic communication
2.3.1 Where possible, Ofsted and the MOD 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.
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Section 3. Authorisations
3.1
On behalf of the MOD
Name:
Lynda Fisher
Position:
Director, Children and Young People
Signature:
Date:
3.2
9 November 2011
On behalf of Ofsted
Name:
Jean Humphrys
Position:
Director, Education and Care (interim)
Signature:
Date:
10
9 November 2011
Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard
to childcare provision
November 2011, No. 070149
Section 4. Annexes
4.1
List of Ofsted’s offices
London office
Aviation House
125 Kingsway
London
WC2B 6SE
Manchester office
Piccadilly Gate
Store Street
Manchester
M1 2WD
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
M1 2WD
National helpline: 0300 123 1231
4.2 MOD contacts
DCYP SO1 Commissioning
Ramilies Building
2nd Floor, Zone 3,IDL 436
Marlborough Lines
Andover
SP11 8HJ
Tel: 01264 381827
Email: LF-PSC-CYP-Mailbox@mod.uk
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All enquiries regarding the registration of childminders in overseas
Commands in Western Europe:
Director BFEYS
HQ GSC G1
BFPO 140
Tel: 0049 2161 472 4644
Email: GSG-G1-BFEYS-Dir@mod.uk
All enquiries regarding the registration of childminders in overseas
Commands other than Western Europe:
Assistant Director of Social Work
SSAFA Forces Help
19 Queen Elizabeth St
London
SE1 2LP
Tel: 0207 463 9229
Email: Deborah.t@ssafa.org.uk
All enquiries regarding suitability checks for serving and ex-serving
members of the Armed Services and their dependents:
The Vetting Department
SSAFA Forces Help
19 Queen Elizabeth St
London
SE1 2LP
Tel: 0207 463 9240
Email: Sheila.c@ssafa.org.uk
4.3
List of organisations, settings and functions 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
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Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard
to childcare provision
November 2011, No. 070149
 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.
4.4
Other protocols between Ofsted and the MOD
 Protocol between Ofsted and the Ministry of Defence, service children’s
education.2
4.5
List of relevant legislation
 Childcare Act 2006
 Children Act 2004
 Care Standards Act 2000
 The Education and Inspections Act 2006
 The Statutory Framework for the Early Years Foundation Stage
 www.surestart.gov.uk or telephone 0845 602 2260
 The Protection of Children Act 1999
 The Protection of Children (Child Care Organisation) Regulations 2000
 The Armed Forces (Protection of Children of Service Families) Regulations
1996
 The Tax Credit (New Category of Child Care Provider) Regulations 2002.
For all of the above acts, please visit http://www.opsi.gov.uk/acts.htm or
telephone 0870 6005522.
 Working Together to Safeguard Children: A guide to interagency working to
safeguard and promote the welfare of children 2010.
2
Protocol between Ofsted and the Ministry of Defence, service children’s education ; available upon
request.
Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard
to childcare provision
November 2011, No. 070149
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4.6
Flow diagram to show procedure for sharing information
about the suitability of registered childminders between
Ofsted and MOD-accredited regulatory organisations
Childminder informs sending regulatory authority of date of ceasing
childminding and requests form for applying to new regulatory
authority
Sending regulatory authority issues application for re-registration
documentation to childminder
Childminder completes documentation and returns to sending
regulatory authority
Sending regulatory authority confirms details of registration, checks
for complaints, investigations and enforcement pending/ongoing
Details confirmed – no concerns.
Application passed to receiving regulatory authority
Receiving regulatory
authority contacts
childminder
Suitable premises visit
proceeds
Details not confirmed and/or
ongoing complaint/
investigation concerns
Documents sent to
receiving authority that
makes decision about
process
Registration confirmed
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Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard
to childcare provision
November 2011, No. 070149