The next steps: when a provider is
judged inadequate or is not complying
with requirements
A childcare factsheet
Introduction
This factsheet explains what happens next when an inspection finds that:
 a provider registered on the Early Years Register is judged to be delivering
inadequate care and learning
 a provider registered on the Childcare Register is not complying with the
requirements of the register.
Early Years Register
Provision judged as inadequate
Category 1
Overall the quality of the provision gives cause for concern but is likely to
improve without external help and support.
We will issue you with a notice to improve that sets out what actions you must take
and by what date. The actions relate to legal requirements in the Statutory
Framework for the Early Years Foundation Stage
(www.standards.dfes.gov.uk/eyfs/site/resource/pdfs.htm) that you failed to meet.
We may make a follow-up visit to ensure that you have taken the required actions.
In any case, we will carry out the next inspection within six to 12 months. This gives
you the opportunity to improve and receive a new inspection grade within a short
period of time.
Category 2
Overall the quality of the provision gives cause for concern and is unlikely
to improve without enforcement action being taken, and help and support
from external agencies.
We will take enforcement action against you because of your poor quality provision,
as you have failed to meet the legal requirements in the Statutory Framework for the
Early Years Foundation Stage. We may also issue you with a notice to improve where
the failure also relates to children’s learning and development. This is a serious
matter and we will consider very carefully the most appropriate action to take to
reduce the risk to children.
You will either be:
 told by the inspector at the end of the inspection what enforcement action
we will take and the content of any notice to improve
or
 notified of the enforcement action we intend taking by either an inspector or
a member of our regional compliance, investigation and enforcement team
within five days of the inspection; the inspector will have told you about the
content of any notice to improve that we will send you at the inspection
feedback.
The range of enforcement action that we can take includes:
 issuing a welfare requirements notice
 imposing, varying or amending your conditions of registration
 issuing a simple caution to or prosecuting the registered provider
 applying for an emergency order to impose or vary conditions or cancel
registration
 cancelling registration.
Suspension of registration
In addition, we can suspend registration where we believe children are or may be at
risk of harm. The purpose of suspension is to allow time for the circumstances giving
cause for concern to be investigated or for the matters to be put right.
If we allow the provision to continue to operate, we will monitor it at least every
three months from the date of the inspection, or sooner if we need to check that you
have taken the required action. Following the monitoring visit we will send a letter
detailing the outcome of the visit. This letter will be published on our website
alongside the setting’s inspection reports. We will continue to monitor provision until
it improves or we take steps to cancel registration.
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The next steps: when a provider is judged inadequate or is not complying with requirements
The next inspection will take place at any time after the improvement is judged to be
satisfactory or better.
Inadequate progress to improve
If the setting/childminder has made inadequate progress in addressing the points for
improvement and the monitoring visit raises serious concerns about the standard of
welfare and/or learning and development, then we may take steps to cancel the
registration or move to prosecution.
We can take this course of action following any visit, but we are most likely to take it
if following the third monitoring visit we fail to see considerable improvement.
Where can I go for help to improve my practice?
We will tell your local authority about your inspection judgement. Your local authority
advisor/development worker can give you help if you think that you need it to
complete the action that we have asked you to take to ensure improvement, or are
not clear about anything.
What should I tell parents?
You should keep parents fully informed at all stages.
Once you receive the inspection report/monitoring letter, you must provide a copy to
all parents of children who attend the setting. You must provide a copy of the
report/monitoring letter to any other person who asks for one, but may charge a fee
to these people.1
Can I carry on claiming government funding for two,2 three and
four-year-olds during this period?
Yes.
You remain eligible to claim funding until your local authority removes you from its
directory of providers who are eligible to claim funding for free early education
places.
Will I have to pay back any money?
Only if you have been paid for any period after the local authority has taken action to
remove you from their directory of eligible providers. It is a condition of receiving
government funding that the provider agrees to such recovery taking place.
1 The Childcare (Inspection) Regulations 2008 regulations 9 and 10.
2
Government funding for two-year-olds is only available to a very limited number of settings.
The next steps: when a provider is judged inadequate or is not complying with requirements
3
Childcare Register
Not meeting the requirements of registration
If you are a setting/childminder registered on either the compulsory or the voluntary
part of the Childcare Register or both parts and some or all of the requirements are
not being met then we will set actions for you to take.
Where we continue to have concerns we may carry out a further inspection within 12
months of the original inspection.
In more serious cases where children are, or may be, at risk of harm we may:
 suspend registration to allow us time to investigate the circumstances; this
may influence any action that we take if you are also registered on the Early
Years Register
 impose, vary or amend your conditions of registration
 cancel registration
 take another enforcement measure.
We may, in rare cases, decide to caution or prosecute any registered person who
commits an offence under the relevant parts of the Childcare Act 2006. This includes
failure to comply with a condition of registration.
However, after resigning their registration or having it cancelled, those on the
voluntary part of the Childcare Register may continue to operate without registration:
we will take this into account when deciding what further action to take.
What should I tell parents?
You should keep parents fully informed at all stages. Once you receive the inspection
report you must provide a copy to all parents of children who attend the setting. You
must also provide a copy of the report to any other person who asks for one, but
may charge a fee to these people.3
More information from Ofsted
There is more information on our website: www.ofsted.gov.uk. The Framework for
the regulation of those on the Early Years and Childcare Registers
(www.ofsted.gov.uk/publications/080024) is a general overview of our work.
You can telephone us on 0300 123 1231 or email us at [email protected].
3
The Childcare (Inspection) Regulations 2008 regulations 9 and 10.
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The next steps: when a provider is judged inadequate or is not complying with requirements
Other sources of information
You can contact your local authority which has a duty to give you help and support.
You can find the telephone number in your local directory or by visiting
www.dcsf.gov.uk/localauthorities/index.cfm?action=authority.
The law that sets out our duty is the Childcare Act 2006 and associated regulations.
You can read about the regulations and our policy on registration and inspection in
the Framework for the regulation of those on the Early Years and Childcare
Registers.
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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telephone 0300 123 1231, or email [email protected].
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