PreRegistration Briefing

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National StandardsChanges October 2005
Prepared by Oddsocks Childcare Development Ltd
for Cheshire County Council Sure Start Team, with
reference to the OFSTED information. October 2005
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What are the changes?

• The changes both reflect changes in the law (
  Regulations) and clarification of existing
  requirements.
• All changes in law are marked
• Some of the supporting criteria has been
  modified

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The New Documents

• Addendum to National Standards
• Revisions of the Guidance (2005)
• Application Pack

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Which documents must we still use?

• You will need to have the following
• The National Standards (Sure Start)
• Guidance to the National Standards (Ofsted) for
  your sector
• Day Care Guidance to the National Standards
• Revisions to certain criteria (September 2003)
  (Thin white document)
• Day Care and childminding Guidance to the
  National Standards Revisions to certain criteria
  (September 2005) (Thin white document.)
• National standards for under 8s day care and
  childminding Addendum (October 2005)

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Changes affect

• St 1 Suitability
• St 2 Organisation
• St 3 Care, Learning and Play
• St 7 Health
• St 11 Behaviour
• St 12 Working with parents and carers
• St 13 Child Protection
• St 14 Documentation
• Annex C Nursery Schools
• NB All paragraph numbers quoted relate to
  FDC. Other sectors could have different numbers.

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St.1 Suitable Person

• 1. The registered person must ensure that staff
  looking after children or persons living or
  working on the premises are suitable to do so
• 2. Such persons must consent to checks and have
  an on-going responsibility to declare any changes
  that affect their suitability
• 3. The registered person must notify Ofsted in
  any changes in suitability
• 4. No registered person nor staff member is
  regarded as suitable if deemed disqualified

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What does this mean for you?

• 1. You must have rigorous recruitment and
  employment procedures
• (Ofsted will only take up checks on the
  Applicant and the Manager not on staff or other
  persons living or working on the premises. This
  includes CRB checks, DfES List 99/ DOH checks.)
• This includes - job descriptions, person
  specifications, application forms ( employment
  history, qualifications, references, medical
  suitability etc.) interview, contracts,
  induction, probation, appraisals.

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• 2. Ofsted will seek evidence to show these
  requirements are met- the registered persons
  suitability is related to this.
• 3. The registered person must commit persons
  connected to the registration ( staff and persons
  living in the premises) to inform them of changes
  in their suitability. This could be done through
  the contract/signed statement/acceptance of the
  terms and conditions of the post.
• 4. You must take the appropriate action if
  suitability of staff changes.
• 5. Any changes to the suitability of
  registered persons and managers must be notified
  to Ofsted.

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Checking Staff

• Application form
• Interview
• Take up references
• Examine CRB disclosure or arrange for new CRB
• Examine new CRB are there issues?
• Check Disqualifications list
• Posts should be offered subject to satisfactory
  checks and suitability to carry out duties and
  work with children.

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CRBs

• You must choose one of the three providers to
  have a subsidised Enhanced Disclosure ( free at
  the moment)
• You must enter into a contract with them ( a
  service level agreement) to abide by the Code of
  Practice
• You must validate ID and send photocopies
• Additional services may cost a fee
• You may get the check from other sources

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Disqualification

• Ofsted carries out a series of checks on all
  people making up the registered person, and the
  manager. The registered person is responsible for
  deciding on the suitability of other employees
  and those who live or work on day-care premises.
• Certain matters disqualify a person from
  registering. These include offences involving
  children some offences against adults being on
  the Protection of Children Act (POCA) or DfES
  List 99 list of persons considered unsuitable to
  work with children and orders removing children
  from your care, previously refused or cancelled
  registrations.
• (A statement can be found in Guide to
  registration for day-care providers (para35) in
  the new Application Pack.)
• If you are disqualified but can explain why you
  believe your disqualification should be lifted
  you may apply to Ofsted to have disqualification
  waived. (An example of when Ofsted may waive
  disqualification is when a person has had
  registration cancelled for non-payment of an
  annual fee.)
• IF IN DOUBT USE THE OFSTED HELPLINE 08456
  404040

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PoCA Protection ofChildren Act and List 99

• These records name individuals who are considered
  unsuitable to work with children
• It is an offence to employ such persons- paid or
  unpaid, under contract or not.
• You must cease to employ persons who are included
  on the lists
• Individuals on the lists who apply for work are
  committing an offence

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Your duties under the Act

• As a Child Care Organisation , with regard to
  regulated positions , you must
• Check whether an individual is on the lists.
• Not employ such persons
• Cease to employ such persons
• Refer names for possible inclusion on the lists
• Ensure that employment agencies provide written
  confirmation that their staff have been checked
  against the lists within the previous 12 months

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Your duties under the Act, continued

• Names must be referred to the Secretary of State
• Names can be included provisionally on the lists
  whilst the information is examined by the above.
• Individuals will be informed of such actions and
  given 28 days to make written representations
• There is a right of appeal against all decisions
• Contact point Childrens Safeguarding
  Operations Unit (PoCA). Tel[phone]
• EMail mailbox.poca_at_dfes.gsi.gov.uk

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New Forms

• There is a new Application pack please do not
  use the old forms.
• Application form (DC1)
• To be filled in and signed by Applicant/
  person who can represent the Applicant ( see
  Guide to Registration for day-care providers. )
• Declaration and consent form (DC2)
• To be filled in and signed by the Applicant
  (s) and the person in charge/manager They will
  be required to make certain declarations to
  establish their suitability.
• N. B. All persons completing a DC2 must
  obtain an Enhanced Disclosure from the CRB (
  Criminal Records Bureau)
• Notification form ( DC3)
• This is used to notify Ofsted of any changes in
  the Registered Person and Manager. ( Staff do not
  need to be notified)
• Health Declaration Booklet
• This is to be completed by the Manager and
  certain new Applicants. It must be taken to
  her/his doctor who will complete it and send it
  on to OFSTED. The doctor may charge you.
• NB The DC2a ( for Managers) has been withdrawn.
  Use the DC2

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St. 2 Organisation

• Change in requirement in legislation
• 2.13. There is a system for registering
  children and staff attendance on a daily basis,
  showing hours of attendance. The name, home
  address and the date of birth of each child who
  is looked after on the premises must be recorded.

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St. 3 Care Learning and Play

• Amended 3.9 - to clarify that this only applies
  to people who are in receipt of nursery education
  funding
• Add new paragraph 3.10
• 3.10. The Registered Person plans and provides
  activities to help childrens development in line
  with aspects and approach described in the DfES
  publication Birth to Three Matters a framework
  to support children in their earliest years.

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St. 7 Health

• Amendment
• 7.7. Written records are kept of all medicines
  administered to children and parents sign the
  record book to acknowledge the entry.
• Add to 7.12
• In short, Ofsted should be notified of any
  food poisoning affecting 2 or more children
  looked after on the premises, any child having
  meningitis or the outbreak of any notifiable
  disease.

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St.11 Behaviour

• Revised wording
• 11.4 .Physical Punishments are not used, nor
  is the threat of them.
• The former is a Regulation, the latter should
  be a matter of Good Practice (but is not a
  Regulation).

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St. 12 Working with Parents and Carers

• Amendments
• 12.1. A written complaints procedure which
  includes the address and telephone number of the
  regulator.
• 12.3.There is a system.and all complaints
  should be investigated
• Add new paragraph12.9.
• Where Ofsted notifies the registered person
  in advance of the period in which an inspection
  will be carried out, the registered person passes
  that on to parents in advance of the inspection.
  The registered person ensures that copies of the
  inspection report are provided to all parents
• NB Not holiday playschemes or open access
  provision

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Complaints

• Children Act Regulations
• You must investigate all complaints made in
  writing or in electronic form from parents where
  they relate to one or more of the national
  standards.
• You must provide the parent who made the
  complaint with an account of the findings and of
  any of the action taken as a result within 28
  days.
• You must make a written record of complaints, any
  action taken, and the outcome of any
  investigation, and provide a summary on request
  to any parent of a child for whom you act as a
  childminder or provide day care and Ofsted.
• Records must be retained for a period of 10
  years from the date on which the record was made.

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Complaints

• Procedure
• Must reflect the Regulation
• Think about-
• How you share the procedure with parents
• Determining which national standard is affected
• How you will investigate and report back
• How you will record and take action
• Making a summary available to any parent
• Records/Log
• Must reflect the format provided by Ofsted
• (Annex of Ofsted- Revisions to Criteria.
  October 2005 )

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St.13 Child Protection

• Amendment
• 13.2. The registered person has a written
  statement of the arrangements in place for the
  protection of children , including arrangements
  to safeguard the children from abuse or neglect
  and procedures to be followed in the event of
  allegations of abuse or neglect
• NB Area Child Protection Committees (ACPS) will
  be replaced by Local Safeguarding Children Boards
  by 1st April 2006

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St.14 Documentation

• Amendment
• 14.3 ( Notification of changes) first bullet
  point-
• Any changes in the registered person or the
  person in charge

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Annex C Nursery Schools

• Amendment to third bullet point
• Under the oversight of a qualified teacher
  within the meaning of the Education ( Teachers
  Regulations\ Qualifications and the Health
  Standard( ( England) Regulations 1999.
• These are new regulations.

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What Next????

• Dont panic
• First of all give us some immediate ideas about
  any help or training you might need. Fill in the
  form in the pack and leave it for us
• Draw up an Action Plan with priorities
• Fine-tune your training needs
• Check out whats on offer from Sure Start
  Cheshire
• Be sure you are starting to address these changes