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 2 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. Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149 3 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. 4 Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision 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. Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149 5 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. 6 Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149 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. Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149 7 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. 8 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. Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149 9 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 Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149 11 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 12 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 13 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 14 Protocol between Ofsted and the Ministry of Defence and its accredited organisations with regard to childcare provision November 2011, No. 070149