Childcare providers have a legal requirement to notify Ofsted of ‘significant events’ that may affect their suitability to care for children.
A failure to notify Ofsted of a significant event as soon as possible, and in any event within 14 days, is a criminal offence. Ofsted have recently updated their guidance to provide greater clarity as to what might be considered a ‘significant event’.
It’s important to note that the requirement relates to the registered person, as well as people connected with the registration, including:
Ofsted have provided examples of what may amount to a significant event. However, it is important to note that the examples are not exhaustive and Ofsted expect providers to use their judgement to determine whether Ofsted should be notified.
The examples provided by Ofsted are as follows:
To add to the guidance issued by Ofsted, below are some further examples we are aware of that warranted notification to Ofsted:
The guidance makes clear that any change to health that may affect a provider’s ability to care for children should be notified to Ofsted. This also extends to the health of anyone connected with their registration, whether or not they have given Ofsted their health information previously – you can read more about who this includes on the Ofsted website here.
The guidance outlines that changes to health may include:
Outlined below are further examples we are aware of that have warranted notification to Ofsted:
Ofsted will carry out a risk assessment based on the information provided. They may contact providers to discuss the information, or seek information from other agencies involved. They will consider whether any new suitability checks are required. The notification may prompt a telephone interview, or regulatory visit or inspection. For notifications involving health, Ofsted may seek an independent medical assessment.
Often the biggest issue is the failure to notify Ofsted of the significant event, rather than the significant event itself. Previous guidance issued by Ofsted has been unclear, or lacking in detail and this has often meant that providers did not realise that certain events are notifiable. Providers have only 14 days to notify Ofsted of an event, which means that if they are unaware the event should be notified, they are quite often already out of time at the point they do become aware. By this point, the offence has already been committed. Although Ofsted do not appear to have a strong appetite to pursue prosecutions for these offences, they are often used as a basis for cancellation of registration.
It is vital that providers familiarise themselves with the updated guidance and are aware of any changes - however insignificant they may seem - in order to satisfy themselves that they are making any relevant notifications. In cases we have dealt with, providers will often remark that they did not believe an event was notifiable because it related to their private life, or the private life of their children or family members. The notification requirements have been criticised by some organisations as being too far reaching and impacting on the private life of providers.
It’s important to note that not every event will be notifiable, but it is good practice for providers to consider the guidance in any event and make a record of their judgement as to whether a notification should be made or not. This may offer some protection in the event Ofsted subsequently challenge them for a failure to notify. To fully protect their position and in circumstances where the guidance is not clear, legal advice should be sought on whether a notification is required.
Finally, if Ofsted look to arrange a health assessment following a notification of changes to health, it is important that providers keep a record of what the assessment involved, including what they were asked, how it was conducted and how long it lasted. There have been a number of issues with the robustness and reliability of health assessments in recent cases. If a provider is concerned about a health assessment conducted by Ofsted’s chosen assessor, they should seek legal advice and look to obtain their own health report from their GP, or a suitably qualified professional.
Carolyn Baker-Mellor is a respected industry leader with over 35 years' experience within the care insurance sector. She works across a wide spectrum of insurance product and policy development, delivery and optimisation for care industry clients, including managing global corporate accounts, working closely with trade associations, and helping clients in protecting their businesses and personal assets.
Towergate Insurance are partners with Care England, NCF, Homecare Association and a number of regional associations and are actively engaging with local Government officers to provide updates on market restrictions. We also offer to speak with the CQC oversight committee about challenges within the insurance sector and work closely with the British Insurance Brokers‘ Association and the Association of British Insurers to ensure that wider messages are being heard across the market.
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Date: November 23, 2022
Category: Care and Medical