Protocol between Ofsted and local
authority children’s services in relation
to childcare and childminding
This protocol sets out the working relationships between Ofsted and local authority
children’s services with regard to childcare provision.
Published: May 2010
Reference no: 070145
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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Royal Exchange Buildings
St Ann’s Square
Manchester
M2 7LA
T: 0300 123 1231
Textphone: 0161 618 8524
E: [email protected]
W: www.ofsted.gov.uk
No. 070145
© Crown copyright 2010
Contents
Introduction
Purpose
The role of Ofsted
The legal framework under which Ofsted regulates
Requirements for childminders and childcare providers
Powers and duties
Inspection and reports
Organisation of Ofsted’s registration and inspection functions
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Working arrangements
What Ofsted does
What local authority children’s services do
Electronic communication
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Annex 1. List of Ofsted’s offices
London office Aviation House 125 Kingsway London WC2B 6SE
Manchester office
Nottingham office
Bristol Office
National Business Unit
National helpline
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Annex 2. List of organisations, settings and functions that we
inspect/regulate
We inspect or regulate the following services in England
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Annex 3. List of relevant legislation
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Introduction
1.
This protocol is between local authority children’s services and Ofsted with
regard to childcare provision.
Purpose
2.
This protocol sets out the working relationships between Ofsted and local
authority children’s services by:
 establishing the legal basis for Ofsted’s regulatory and inspection
responsibilities
 explaining how Ofsted carries out those responsibilities
 explaining the responsibilities of the partner organisations
 explaining how agreed working arrangements can assist both organisations
to meet these responsibilities.
The role of Ofsted
3.
Ofsted 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 rates council children’s services, and inspects services
for looked after children, safeguarding and child protection.
4.
The full list of services that we regulate and inspect can be found in Annex 2.
5.
In particular, with regard to childcare and childminders Ofsted is responsible for
regulating and inspecting:
 childminders and childcare providers included on the Early Years Register
and the compulsory part of the Childcare Register who care for children
aged under eight years
 childminders, home childcarers and childcare providers included on the
voluntary part of the Childcare Register.
The legal framework under which Ofsted regulates
6.
The legislation, together with any subsequent regulations and standards under
which Ofsted regulates childcare providers, includes the following:
 Childcare Act 2006
 The Statutory Framework for the Early Years Foundation Stage
 The Childcare (Early Years Register) Regulations 2008
 The Childcare (General Childcare Register) Regulations 2008.
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Protocol between Ofsted and local authority children’s services
Requirements for childminders and childcare providers
7.
Ofsted regulates childminders and childcare providers against the requirements
of two separate registers: the Early Years Register (for those providing care for
children aged from birth to the 31 August following their fifth birthday); and the
Childcare Register. The Childcare Register is divided into two parts: the
compulsory part, for those providing care for children from 1 September
following the child’s fifth birthday to under eight; and the voluntary part, for
those providing care for children up to the age of 18 for which registration is
not required but who choose to do so.
8.
Providers on the Early Years Register must meet both the welfare and the
learning and development requirements set out in the Statutory Framework for
the Early Years Foundation Stage and the requirements for registration set out
in The Childcare (Early Years Register) Regulations 2008. Providers on the
Childcare Register must meet the requirements set out in The Childcare
(General Childcare Register) Regulations. These requirements are set by the
Government.
Powers and duties
9.
Ofsted regulates childcare providers against all relevant legislation and
requirements.
10. Ofsted is responsible for ensuring that registered childminders and childcare
providers are suitable to work or be in regular contact with children and young
people and that those providers continue to comply with government
standards. In addition, Ofsted is responsible for ensuring that all people aged
16 years or over who live or work on premises where childminding takes place
are suitable.
11. Ofsted has a range of powers to carry out these regulatory responsibilities. It
can:
 grant, refuse or cancel registration
 impose, vary or remove conditions of registration
 grant or refuse applications for variations to conditions of registration
 prosecute providers for specific offences under relevant legislation
 suspend registration.
12. Ofsted does not investigate individual child protection cases or referrals.
Criminal investigations relating to child abuse are the responsibility of the
police. Local authorities are responsible for assessing children in need and
enquiries relating to children who are suffering, or likely to suffer, significant
harm. However, if Ofsted believes that children are at risk of harm in a
registered setting it will use regulatory powers to take action as required.
Protocol between Ofsted and local authority children’s services
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Inspection and reports
13. Ofsted has a duty to inspect childcare providers who are registered on the Early
Years Register at least once in the prescribed inspection cycle, where this is
applicable.
14. Following inspections of providers on the Early Years Register, Ofsted will
report on four key judgements:
 how well does the setting meet the needs of children in the Early Years
Foundation Stage?
 the effectiveness of leadership and management of the Early Years
Foundation Stage
 the quality of provision in the Early Years Foundation Stage
 outcomes for children in the Early Years Foundation Stage.
15. Ofsted also has a power to inspect providers who are on the Childcare Register.
Ofsted will inspect a 10% sample of providers who are only registered on the
Childcare Register, which will include any providers about whom there has been
a complaint relating to the requirements for registration.
16. Following inspections of providers on the Childcare Register, Ofsted will
produce a letter setting out whether the provider meets the requirements of
that register.
17. Providers may be on one or both registers. Where providers are on the Early
Years Register and the Childcare Register, Ofsted will report on compliance with
the requirements of the Childcare Register in the inspection report on the Early
Years Foundation Stage.
Organisation of Ofsted’s registration and inspection functions
18. Ofsted’s registration and inspection activity is covered by two directorates:
 Inspection Development, which is responsible for developing the inspection
and regulation frameworks, policy and guidance used by Inspection
Delivery.
 Inspection Delivery, which is responsible for scheduling and delivering high
quality inspection and regulation according to agreed frameworks. In
particular:
The National Business Unit (NBU), based in Manchester, provides services and
support for all Ofsted's operations. It is responsible for, among other things:
 end-to-end processing of new applications for services that need
registration
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Protocol between Ofsted and local authority children’s services
 processing suitability checks on all people for whom Ofsted has such
responsibility
 receiving and forwarding complaints and enquiries.
 a national telephone contact centre.
The national Compliance, Investigation and Enforcement team (CIE), based in
Nottingham, is responsible for regulatory investigation and enforcement in early
years and children’s social care work
19. Inspection Development and Inspection Delivery are national functions across
Ofsted, although some aspects of Inspection Delivery are located in one of
Ofsted’s three regional offices in Bristol, Nottingham and Manchester. The
Inspection Development directorate is located in Ofsted’s London office.
20. The National Business Unit is Ofsted's first point of contact for all customers.
Working arrangements
What Ofsted does
21. All childminders and childcare providers for children under eight years in
England must comply with the requirements for registration, unless exempt
from registration.1
22. Ofsted checks the following people who look after or are in regular contact with
children under the age of eight years:
 the applicant for registration
 childminder’s assistants
 people aged 16 years or over, who live or work on premises where
childminding takes place
 a person in day-to-day charge of childcare (manager)
 those who make up the registered person where this is an organisation, and
also when such people change (for example changes of committee
members).
Each individual must complete a form that gives consent for Ofsted to carry out a
series of checks on them, including a check against children’s services records, and
for this information to be shared with Ofsted. Consent is also sought for the onward
disclosure of the information to the applicant for registration or the registered
person, whichever is applicable.
The exemptions to registration are set out in The Childcare (exemptions from registration) Order
2008 and The Childcare (exemption from registration) Order 2010.
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Protocol between Ofsted and local authority children’s services
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23. If signed consent is not received from the subject of the check, we will inform
the applicant for registration or the registered provider that the application for
registration, or the check on the individual, cannot proceed.
24. Ofsted keeps a list of the named contacts for relevant children’s services
departments at its National Business Unit. The list is updated as required.
25. Ofsted requests information from the named contact provided by the Director
of Children’s Services where the person to be checked lives, and any authority
where the person has lived within the previous five years.
26. Ofsted sends written requests, on a daily basis, to the named contact provided
by the Director of Children’s Services, asking if any information held on
children’s services records, including child protection records, should be
considered in determining a person’s suitability.
27. Ofsted provides the details of the people to be checked and their intended role
in childcare, and confirms that the people have given permission for the checks
of children’s services records and child protection records.
28. In all cases where information about an individual leads to Ofsted deciding that
the person is not suitable to work or be in regular contact with children, Ofsted
will inform the applicant for registration, or registered person. However, Ofsted
will not disclose details of the information that led to it making the decision
without prior consent from the individual. In the case of a manager at a
childcare setting, or a childminder assistant, employers must inform Ofsted of
their employment decision.
What local authority children’s services do
29. Local authority children’s services:
 accept that Ofsted has obtained consent from the person concerned to
obtain information from children’s services records
 decide if information can be released to Ofsted
 arrange a check of child protection records and other appropriate case
records
 make an initial response to Ofsted within two weeks of receiving the request
stating that:
 the person is not known
 information is held which may be relevant to the application and
providing a summary of that information
 the person is known to children’s services, but information cannot be
provided within two weeks and when the Director of Children’s Services
will provide Ofsted with the information.
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Protocol between Ofsted and local authority children’s services
 provide information in writing so that Ofsted can make a decision about a
person’s suitability
 are aware that any information provided to Ofsted may be shared with the
subject of the check and that Ofsted may need to use the information as
evidence that the applicant for registration or registered person is not
suitable.
30. Local authority children’s services share information with Ofsted when they
have knowledge of unregistered childminding or childcare provision. The criteria
for registration, subject to certain exemptions, are set out below.2
Childminding is care provided:
 for one or more children
 where at least one child attends for a period or total periods exceeding two
hours
 for reward, and
 on domestic premises, where three or less people work together to provide
the care.
Childcare is care provided on non-domestic premises or domestic premises
where the total number of people providing the care exceeds three. A childcare
provider, unless exempt from registration provides care:
 for one or more children
 for individual children for a period, or total periods, exceeding two hours.3
Electronic communication
31. Where possible, Ofsted and local authority children’s services will share
information electronically. This will provide a quicker and more effective way for
them both to respond to requests for information. Ofsted must comply with its
internal electronic information management policies to manage all electronic
communication effectively.
The exemptions to registration are set out in The Childcare (exemptions from registration) Order
2008 and The Childcare (exemption from registration) Order 2010.
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There is no requirement for a provider to be in receipt of reward in relation to the provision of
childcare.
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Protocol between Ofsted and local authority children’s services
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Annex 1. List of Ofsted’s offices
London office
Aviation House
125 Kingsway
London
WC2B 6SE
Manchester office
Royal Exchange Buildings
St Ann's Square
Manchester
M2 7LA
Nottingham office
Building C
Cumberland Place
Nottingham
NG1 6HJ
Bristol Office
Freshford House
Redcliffe Way
Bristol
BS1 6NL
National Business Unit
Royal Exchange Buildings
St Ann's Square
Manchester
M2 7LA
National helpline:
0300 123 1231
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Protocol between Ofsted and local authority children’s services
Annex 2. List of organisations, settings and functions
that we inspect/regulate
We inspect or regulate the following services in England:
 childminders
 childcare on domestic premises
 childcare on non-domestic premises
 adoption and fostering agencies
 residential schools, family centres and children’s homes
 all state maintained schools
 some independent schools including boarding schools
 pupil referral units
 the Children and Family Courts Advisory Service (Cafcass)
 the quality of services and outcomes for children and young people in each
local authority
 further education
 Initial Teacher Education
 publicly funded adult skills and employment-based training
 learning in prisons, the secure estate and probation.
Annex 3. List of relevant legislation
 The Childcare Act 2006
 The Statutory Framework for the Early Years Foundation Stage
 Working together to safeguard children: a guide to interagency working to
safeguard and promote the welfare of children (2010)
Protocol between Ofsted and local authority children’s services
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