When do I need to notify Ofsted of a ‘significant event’?
What do the Regulations say?
- Any change to the address of the premises on which childcare is provided;
- Particulars of any change to the premises on which childcare is provided, that may affect the space available to children and the quality of childcare available to them;
- Particulars of any proposal to change the hours during which the childcare is to be provided which will entail the provision of overnight childcare;
- Particulars of any allegation of serious harm to or abuse of a child committed by any person living, working or caring for children at the premises on which childcare is provided (whether that allegation relates to harm or abuse committed on those premises or elsewhere), and any other abuse which is alleged to have taken place on those premises, and of the action taken in respect of the allegation;
- Particulars of any serious accident, serious illness, serious injury to, or death of, any child whilst in the care of the early years provider, and of the action take in respect of the serious accident, serious illness, serious injury, or death;
- Particulars of any incident of food poisoning affecting two or more children cared for on the premises on which childcare is provided;
- Particulars of any other 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 on which childcare is provided to look after children;
- Where childcare is provided by a body corporate, any change in the name or registered number of the company;
- Where childcare is provided by a registered charity, any change in the name or registration number of the charity;
- In the case of an early years provider who is not an early years childminder-
- Any change in the name or address of the provider;
- Any change of the person who is managing the early years provision.
- In the case of an early years childminder –
- Any change of the persons who are providing care for children as a part of the early years childminding;
- If the early years childminding is provided on domestic premises, any change of the persons of 16 years or older living or working on those premises (providing that persons are not to be treated as working on the premises for the purpose of this paragraph if none of their work is done in the part of the premises in which children are cared for or if they do not work on the premises at times when children are there);
- Any change in the name or address of the childminder.
- In the care of an early years provider (other than an early years childminder) which is a partnership, body corporate or unincorporated association –
- Any change of the person who is the nominated individual, and
- Where the early years provider’s sole or main purpose is the provision of childcare, any change of a person who is a partner in or a director, secretary or other officer or member of the governing body of, the early years provider
How long do I have to notify Ofsted?
Guidance on what constitutes a ‘significant event’
Ofsted provides guidance within their ‘Early Years: Ofsted Compliance Handbook’ at sections 56 – 59. This focuses on what Ofsted define as ‘serious’ injuries that need to be reported and ‘minor’ injuries that may not need to be reported.
However, the guidance is less clear when it relates to a significant event likely to affect the suitability of the provider or any person who cares for or is in regular contact with children on the premises. There are some obvious circumstances that are likely to fall within this requirement, such as a conviction or caution, or a determination that leads to disqualification. However, this could go further and may include significant events relating to the health of a provider or manager, or an individual who lives on the premises, in the case of a childminding setting. In addition, it can include the involvement of the provider or any person who cares for or is in regular contact with children on the premises, with social services or the police.
In addition, the requirement to notify Ofsted of any allegation of serious harm to or abuse of a child committed by any person living, working or caring for children at the premises on which childcare is provided, is a very wide requirement. It doesn’t just capture allegations of abuse on the premises; it widens to allegations of harm or abuse of a child committed by a person working or caring for children on the premises, even if that harm or abuse took place elsewhere. As such, if a Provider becomes aware of an allegation of harm or abuse to a child, against a member of staff for example, at another premises, such as their home, the Provider has a duty to report this to Ofsted. It is also likely they will be required to make a notification to their local children’s safeguarding partners and Providers should refer to the relevant guidance in this respect.
How do I notify Ofsted about a significant event?
What happens next?
Conclusion
Given that it is not always clear what events or in what circumstances a notification should be made to Ofsted under the Regulations, it is important Provider’s seek advice immediately upon becoming aware of an event that may warrant notification. Given the requirement to notify Ofsted as soon as reasonably practicable and in any event, within 14 days, Providers should not delay in seeking this advice.