GovWire

Introduction

Childcare Register inspections are a compliance check to make sure providers are meeting the ongoing requirements for registration. These inspections are unlike other Ofsted inspections, which focus on quality and standards of provision. Inspectors check at inspection that a provider complies with:

• the requirements of either or both parts of the Childcare Register
• any conditions we have placed on the registration

Conduct during Ofsted inspections

Ofsteds code of conduct sets out the expectations for both inspectors and providers. At the start of the inspection, the inspector will explain these expectations and will ask providers to read the code.

The legal context

We use our regulatory powers to carry out compliance inspections. Our power to check that a childcare register provider is meeting the requirements comes from section 77(2)(b) of the Childcare Act 2006. This allows Ofsted to enter a providers premises to check whether they are complying with any conditions or requirements imposed by the Act.

We follow the guidance and principles set out in our early years and childcare enforcement policy.

You can find more information about the Childcare Register in the framework for the regulation of providers on the Childcare Register.

Childcare Register requirements

Each year, we inspect 10% of all providers on the Childcare Register to check that they are meeting the requirements.

The requirements for the Childcare Register are set out in the Childcare (General Childcare Register) Regulations 2008, as amended.

Inspectors should use the guidance on registration requirements.

Main features of Childcare Register inspections

Inspection of provision registered only on the Childcare Register (either or both parts) is a compliance inspection. We do not make judgements about the quality of the provision, but we check to make sure that the provider is complying with the requirements of their registration.

There is no published report for these inspections. Instead, we send providers an inspection outcome letter confirming whether or not they are complying with the requirements. We publish the inspection outcome letter on our reports website, where it will remain for 12 months.

The outcome of the inspection will be:

• met
• not met actions, or
• not met enforcement action

If a provider is not complying with the requirements of the register, we can:

• set out action/s in the inspection outcome letter for the provider to take, or
• take enforcement measures such as suspension or cancellation of registration

What we do depends on the severity of any non-compliance and the risks to children.

Those registered only on the voluntary part of the Childcare Register can continue to operate even if we cancel their registration. This is because this type of provision does not require registration to operate.

Once a provider is registered on the compulsory, voluntary, or both part of the Childcare Register, they must continue to meet the requirements of registration.

Preparing for the inspection

Scheduling

We have agreed with the government that we will inspect 1 in 10 providers on the Childcare Register each financial year (1 April to 31 March). We decide which providers we will inspect based on the information we have and the risk to children.

We schedule an inspection of a provider on the Childcare Register if:

• we receive information about possible non-compliance with the requirements of the register or conditions of registration
• the provider is selected as part of a prioritised sample based on our risk assessment

Scheduling inspections based on information about possible non-compliance

If we receive concerns about a provider registered on the Childcare Register only, either through a notification from the provider or from another source, our regulatory team will carry out a risk assessment.

The regulatory team will decide if the information is serious enough to require action. If it does, in the majority of instances, we will schedule an inspection. In exceptional cases we may need to take more urgent action because of the nature of the information, for example suspension or cancellation. Further details of these processes are set out in the early years and childcare enforcement policy.

If the concern does not prompt an immediate inspection, we may refer it back to the provider to take action. We will check what they have done at their next Childcare Register inspection.

If the information does not meet the threshold for us to act, we will consider it again at the next inspection. We will also consider it as part of the risk assessment process if we receive any further information or concerns.

Scheduling the 10% sample

When deciding the 10% sample we take into account:

• the time a provider has been registered: we do not inspect any provider until it has been registered for at least 3 months unless we receive information about possible non-compliance
• the national spread of registered providers
• the type of provider
• that only one inspection in any 12-month period should take place, unless we receive concerns
• any previous non-compliance and the follow-up action required
• whether there has been a change of manager

Contacting the provider

For inspections of providers of childcare on domestic premises and childcare on non-domestic premises that operate regularly, we will carry out an unannounced inspection.

For all other inspections (childminders, nannies and childcare on non-domestic premises and childcare on domestic premises that does not operate regularly), we give the provider no more than 5 days notice due to scheduling demands on inspectors. Inspectors will telephone these providers shortly before the inspection to check that they will be operating on the day they plan to visit.

The purpose of the telephone call is to confirm with the provider:

• the purpose and format of the inspection
• the records inspectors will need to see
• the possible outcomes of the inspection
• the arrangements for feedback
• our arrangements for publishing the inspection letter

For nannies, inspectors will also confirm the additional actions to take when making arrangements to inspect.

Before the inspection

The inspector will check:

• that the provider is registered on the compulsory and/or voluntary parts of the Childcare Register and not on the Early Years Register
• details of any conditions placed on the registration
• any other relevant information about the inspection, and in particular any information received that raises concerns
• any additional safety protocols that the inspector may need to follow to ensure the inspection is completed in a safe and secure way, for example because of COVID-19

Requesting a deferral

We will consider requests to defer an inspection in line with our published deferral policy.

Making arrangements to inspect a nanny

Ofsted cannot enter the home where a nanny is working unless the occupier of the home gives consent.

During the notification call the inspector will make arrangements with the nanny to gain consent from the occupier. The occupier will need to complete a letter giving consent and either have this available at the time of inspection or send it back to the inspector by email.

This occupier must sign the consent letter before the inspector can enter the premises to carry out the inspection. If the nanny is not able to give the inspector this signed consent when they arrive, the inspection cannot take place at those premises.

If the nanny indicates that the occupier will not give permission, the inspector will make sure that they have

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