Protocol between Ofsted and local
authorities with environmental health
responsibility in relation to
childminders and childcare providers
Published: April 2010
Reference no: 070144
The Office for Standards in Education, Children's Services and Skills (Ofsted) regulates and inspects to
achieve excellence in the care of children and young people, and in education and skills for learners of
all ages. It regulates and inspects childcare and children's social care, and inspects the Children and
Family Court Advisory 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 assesses council children’s services, and inspects services for looked
after children, safeguarding and child protection.
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Reference no. 070144
© Crown copyright 2010
Contents
Introduction
Purpose
The role of Ofsted
The legal framework under which Ofsted regulates
Requirements for childminders and childcare providers
Powers and duties
Inspection and reports
Organisation of Ofsted’s registration and inspection functions
Responsibilities of environmental health departments
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Working arrangements
What Ofsted will do
What environmental health departments will do
Electronic communication
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Annex
Ofsted’s offices
Organisations, settings and functions we inspect/regulate
Relevant legislation
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Introduction
This protocol is between local authorities with environmental health responsibility
and Ofsted in relation to childminders and childcare provision.
Purpose
1.
This protocol sets out the working relationships between Ofsted and local
authorities with environmental health responsibility 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.
The role of Ofsted
2.
Ofsted regulates and inspects childcare and children's social care. We inspect
the Children and Family Court Advisory 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. We rate council’s children’s services, and inspect
services for looked after children, safeguarding and child protection.
The full list of services we regulate and inspect can be found in Annex 3.2.
3.
In particular with regard to childminders and childcare provision Ofsted is
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.
The legal framework under which Ofsted regulates
4.
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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Protocol between Ofsted and environmental health departments
Requirements for childminders and childcare providers
5.
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 under eight; 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.
6.
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.
Powers and duties
7.
Ofsted regulates childcare providers against all relevant legislation and
requirements.
8.
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.
9.
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.
10. 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.
Protocol between Ofsted and environmental health departments
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Inspection and reports
11. 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.
12. Following 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
13. 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.
14. Following inspections of providers on the Childcare Register, Ofsted will
produce a letter setting out whether the provider meets the requirements of
that register.
15. 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.
Organisation of Ofsted’s registration and inspection functions
16. 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.
 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. It is responsible for,
among other things:
 end-to-end processing of new applications for services that need
registration
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Protocol between Ofsted and environmental health departments
 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,
based in Nottingham, is responsible for regulatory investigation and
enforcement in early years and children’s social care work
17. Development and 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.
18. The National Business Unit is Ofsted's first point of contact for all customers
Local authorities with environmental health responsibility
19. The duty to enforce health and safety legislation is divided between local
authorities with environmental health responsibility and the Health and Safety
Executive.
20. Local authorities with environmental health responsibility are responsible for the
enforcement of health and safety legislation for childcare on most non-domestic
premises. Childcare operated by the local education authority on school
premises, hospitals and other health care establishments or on domestic
premises (that is, childminders’ premises) falls to the Health and Safety
Executive. The Health and Safety Executive has transferred some enforcement
rights to local authority environmental health departments.
21. Food safety is the responsibility of the provider. Enforcement of food safety
legislation, in all settings, rests with local authority environmental health
departments.
Working arrangements
What Ofsted will do
22. Ofsted advises applicants for registration as a childcare provider to seek advice
from their local environmental health department to ensure that they identify
and comply with their legal obligations under the Health and Safety at Work Act
1974, the Food Safety Act 1990, the European Communities Act 1972 and all
associated legislation.
23. Ofsted contacts the relevant local authority with environmental health
responsibilities when inspectors identify a concern about food, health and
safety or public health matters in childminding or childcare settings.
Protocol between Ofsted and environmental health departments
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What local authorities with environmental health responsibility
will do
24. Local authorities with environmental health responsibility inform Ofsted when
environmental health officers identify serious breaches under food or health
and safety legislation in childminding or childcare provision.
25. Local authorities with environmental health responsibility will share information
with Ofsted when they have knowledge of unregistered childminding or
childcare provision. The criteria for registration, subject to certain exemptions,
are set out below.1
Childminding is care provided:
 for one or more children
 at least one child attends for a period or total periods exceeding two hours
in any one day
 for reward, and
 on domestic premises, where three or less people work together to provide
the care.
Childcare is care provided on non-domestic premises or domestic premise where the
total number of people providing the care exceeds three. A childcare provider, unless
exempt from registration, provides care:
 for one or more children
 for individual children for a period, or total periods, exceeding two hours in
any one day2.
Electronic communication
26. Where possible, Ofsted and environmental health departments 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.3
1
2
3
The exemptions to registration are set out in The Childcare (exemptions from registration) Order 2008.
There is no requirement for a provider to be in receipt of reward in relation to the provision of childcare.
Ofsted internal electronic management system is OFIN 59a.
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Protocol between Ofsted and environmental health departments
Annex
Ofsted’s offices
London office
Aviation House
125 Kingsway
London
WC2B 6SE
Manchester office
Royal Exchange Buildings
St Ann's Square
Manchester
M2 7LA
Nottingham office
Building C
Cumberland Place
Nottingham
NG1 6HJ
Bristol Office
Freshford House
Redcliffe Way
Bristol
BS1 6NL
National Business Unit
Royal Exchange Buildings
St Ann's Square
Manchester
M2 7LA
National helpline: 0300 123 1231
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
Protocol between Ofsted and environmental health departments
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 some independent schools including boarding schools
 pupil referral units
 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.
Relevant legislation
 Children Act 1989;
www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm
 Children Act 2004; www.opsi.gov.uk/acts/acts2004/20040031.htm
 Childcare Act 2006;
www.opsi.gov.uk/ACTS/acts2006/ukpga_20060021_en_1
 Care Standards Act 2000; www.opsi.gov.uk/acts/acts2000/20000014.htm
For the above access www.opsi.gov.uk/acts.htm or telephone 0870 6005522.
 www.ofsted.gov.uk/publications or telephone 07002 637 833
 Working Together to Safeguard Children: A guide to interagency working to
safeguard and promote the welfare of children 2006;
www.everychildmatters.gov.uk/_files/AE53C8F9D7AEB1B23E403514A6C1B1
7D.pdf
 The Statutory Framework for the Early Years Foundation Stage
 www.surestart.gov.uk or telephone 0845 602 2260
 Health and Safety at Work Act 1974
 www.doh.gov.uk/publications or telephone 0870 6005522
 Food Safety Act 1990 Food Safety Act 1990 (c.16),
www.opsi.gov.uk/acts/acts1990/Ukpga_19900016_en_2.htm, or telephone
0870 6005522
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Protocol between Ofsted and environmental health departments