The EYFS details ten scenarios, from allegations of abuse against staff to food poisoning, about which Ofsted stipulates it must be notified within 14 days. Failure to do so is an offence and this can result in various outcomes. Ofsted may conduct an investigation visit and the provider could be sent a warning letter describing the offence and stating this will be kept on file and may be used in the future. More serious cases may result in a formal caution or prosecution, or the information may be used as part of a cancellation of a setting’s registration.
Notifying Ofsted within the timescale does not mean you will necessarily avoid an investigation visit. This could lead to further penalties such as welfare requirements notices, or notices to improve, containing actions for you to meet.
OFSTED’S DUTY
Ofsted must be satisfied that a provider is suitable and remains suitable to provide childcare. This is done at registration and later through inspection. Where there are complaints or notifications, Ofsted assesses what you have done and how effective this is.
LACK OF SUPPORT
Over recent years, regulations have become more complex, yet there has been a lack of support to help providers understand them. For example, regulation 3.8 states, ‘Registered providers must inform Ofsted or their childminder agency of any allegations of serious harm or abuse by any person living, working, or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere). Registered providers must also notify Ofsted or their childminder agency of the action taken in respect of the allegations. These notifications must be made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made. A registered provider who, without reasonable excuse, fails to comply with this requirement commits an offence.’
This states that any allegation made against anyone working on the premises (including cooks, drivers or cleaners) of harm to anyone, whether this is a child or adult and whether this is on the premises, in their own home or on a night out, must be notified to Ofsted. But how many of us have policies and procedures in place to ensure this happens? In my experience, very few providers have been trained in this area. This leads to many people feeling that Ofsted has treated them unfairly after an investigation has occurred.
MAKING HIGH-QUALITY NOTIFICATIONS
To avoid the pitfalls of making a notification poorly and then receiving an investigation visit from Ofsted, your notifications need to be of high quality. They should contain details about what happened, when, how you dealt with it and if you are taking any action to avoid a similar situation occurring. Simply telling Ofsted what happened leaves a lot of questions about your continued suitability.
ADVICE
Make sure you know all the scenarios requiring a notification. Conduct a full internal investigation when you know a notification is needed. If the investigation is going to take longer than the 14 days allowed, call Ofsted and explain that a notification is being made and that the full information will be with it shortly. Make sure you note the reference number. Lastly, provide Ofsted with as much detail and information as you can. If it is an allegation against a member of staff, notify Ofsted and your local authority designated officer immediately, before undertaking any kind of investigation.
The hardest notification to decide to report on is found in regulation 3.77, which cites ‘any significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises to look after children’. There is no definition of what a significant event is, so you have to use your own judgement.
Ofsted provides really useful information about notifications in the compliance, investigation and enforcement handbook available here: www.gov.uk/government/publications/early-years-provider-non-compliance-action-by-ofsted.
CASE STUDY: ACCIDENTS
While working for the compliance, investigation and enforcement team at Ofsted, I received two notifications in the same week about accidents. The first was from a nursery where a child had broken an arm, and the second from a childminder where a child had broken a leg. Both are notifiable events under regulation 3.51.
The nursery sent an email stating the date and time of the accident with information that the injury had occurred on a climbing frame. I had no idea how the accident had happened or what had been done to prevent it happening again. So I was left not knowing if the premises and equipment were safe.
The childminder sent a detailed written explanation of exactly what happened to a child using her trampoline. She forwarded the accident form, photographs of the trampoline showing safety measures, details of who was in the garden with her at the time of the accident, the trampoline risk assessment, and her policy of how the trampoline was used in her home with permission forms from parents. This enabled me to reach a sound decision that everything that could be done to use a trampoline safely had been done and this was an accident and not negligence.
In the childminder’s case, I was able to say no further action was needed. In the nursery’s case, I needed to visit to see if any risks to children had not been dealt with. The visit resulted in no further action with regard to the climbing frame, but actions were raised against the nursery because, during the visit, I found other things that were not done.