In a recent article for Nursery Management Today, we described the pressures facing nurseries as a perfect storm. Since writing that piece, the conversations we have had with nursery owners and senior leaders have only reinforced that view and nowhere more so than on the subject of safeguarding. It is the area where external scrutiny is sharpest, where the stakes are highest and where the margin for error is smallest.
A more complex environment
Nurseries are managing more complexity today than they were even five years ago. There are more children with special educational needs and disabilities, including complex allergies and medical conditions that require careful, consistent management. That places considerable responsibility on nursery teams and we have seen a corresponding rise in claims linked to the management of these needs.
Recruitment and staffing changes add further complexity. When teams change, the deep familiarity with individual children and families that good safeguarding depends upon can be harder to sustain alongside finding and retaining the right people. This remains one of the sector’s most persistent challenges.
Understand what you should do to manage the risk
One area where knowledge genuinely makes a difference is understanding how Ofsted responds to safeguarding concerns. Ofsted is more vigilant than it has ever been and we are seeing it take a much stronger approach when concerns arise. Suspension of registration can follow a serious incident and the threshold is much lower than many nursery owners realise.
For nursery groups, a concern raised at one setting can prompt scrutiny across the whole organisation. How you engage with Ofsted in these moments matters enormously. Being transparent and demonstrating the steps you have taken and what you are changing, gives regulators the assurance they need.
Your LADO – making contact and keeping records
Where a serious allegation has been made, your Local Authority Designated Officer (LADO) will oversee how the situation is managed. In practice, reaching the right person is not always straightforward, particularly as the role can change hands. Keep a careful record of every attempt to make contact, every message left and every response received. If you are not getting the support you need, escalate formally and document that too.
CCTV
We have said before that we believe CCTV may become compulsory in nurseries and the evidence from recent cases only strengthens that view. It has played a decisive role in investigations, protecting children, staff and settings alike. But footage that is never reviewed offers limited protection. Building in regular time to look at what your cameras are recording, even an hour each week across different parts of your setting, is a practical and genuinely valuable habit. Some clients are now using this tool as part of their staff observations. This is great but you must remember to record accurately any concerns and what action has been taken. Also record the fabulous work your staff will be undertaking, which has been observed too.
Culture is Everything
Ultimately, safeguarding is not only a document or a procedure – it is the culture of your setting: the environment in which your team feels confident to raise concerns, where policies are lived rather than filed, and where every child is genuinely known and looked after. That culture has to be built deliberately and sustained consistently, especially when everything else is competing for your attention.
Loss of Registration Claims
Unfortunately, we have seen a sustained increase in the number of Loss of Registration claims following a suspension by Ofsted. A claim will only be paid if there hasn’t been any failing by the nursery resulting in Ofsted’s decision to suspend. However, due to Ofsted’s concerns in the sector, suspensions are on the rise and here at dot2dot we have paid claims up to the Limit of Indemnity at £250,000 due to Ofsted having the power to suspend nurseries for six-week periods of time.
Talk to your insurer early
When something goes wrong, contact your insurer promptly. At dot2dot, everything you share with us is confidential. The earlier we are involved, the better placed we are to support you through what can be a complex and stressful process. We understand that incidents can happen, even in the most well-run settings and, when they do, dot2dot alongside our legal team is here to guide you every step of the way.
For more advice and support on safeguarding visit our You Tube channel where we have videos from our most recent safeguarding on trial event.