Satisfy your OFSTED requirements

The safeguarding and welfare requirements

Children learn best when they are healthy, safe and secure, when their individual needs are met, and when they have positive relationships with the adults caring for them. The safeguarding and welfare requirements, specified in this section, are designed to help providers create high quality settings which are welcoming, safe and stimulating, and where children are able to enjoy learning and grow in confidence.

Providers must take all necessary steps to keep children safe and well. The requirements in this section explain what early years providers must do to: safeguard children; ensure the suitability of adults who have contact with children; promote good health; manage behaviour; and maintain records, policies and procedures.Schools are not required to have separate policies to cover EYFS requirements provided the requirements are already met through an existing policy. Where providers other than childminders are required to have policies and procedures as specified below, these policies and procedures should be recorded in writing. Childminders are not required to have written policies and procedures. However, they must be able to explain their policies and procedures to parents, carers, and others (for example Ofsted inspectors or the childminder agency with which they are registered) and ensure any assistants follow them.
Child protectionProviders must be alert to any issues for concern in the child’s life at home or elsewhere. Providers must have and implement a policy, and procedures, to safeguard children. These should be in line with the guidance and procedures of the relevant Local Safeguarding Children Board (LSCB). The safeguarding policy and procedures must include an explanation of the action to be taken in the event of an allegation being made against a member of staff, and cover the use of mobile phones and cameras in the setting.

A practitioner must be designated to take lead responsibility for safeguarding children in every setting. Childminders must take the lead responsibility themselves. The lead practitioner is responsible for liaison with local statutory children’s services agencies, and with the LSCB. They must provide support, advice and guidance to any other staff on an ongoing basis, and on any specific safeguarding issue as required. The lead practitioner must attend a child protection training course that enables them to identify, understand and respond appropriately to signs of possible abuse and neglect (as described at paragraph 3.6).

Providers must train all staff to understand their safeguarding policy and procedures, and ensure that all staff have up to date knowledge of safeguarding issues. Training made available by the provider must enable staff to identify signs of possible abuse and neglect at the earliest opportunity, and to respond in a timely and appropriate way.

These may include:

• significant changes in children’s behaviour;
• deterioration in children’s general well-being;
• unexplained bruising, marks or signs of possible abuse or neglect;
• children’s comments which give cause for concern;
• any reasons to suspect neglect or abuse outside the setting, for example in the child’s home; and/or
• inappropriate behaviour displayed by other members of staff, or any other person working with the children. For example: inappropriate sexual comments; excessive one-to-one attention beyond the requirements of their usual role and responsibilities; or inappropriate sharing of images.

Providers must have regard to the Government’s statutory guidance ‘Working Together to Safeguard Children 2013’. If providers have concerns about children’s safety or welfare, they must notify agencies with statutory responsibilities without delay. This means the local children’s social care services and, in emergencies, the police.

Registered providers must inform Ofsted or their childminder agency of any allegations of serious harm or abuse by any person living, working, or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere). Registered providers must also notify Ofsted or their childminder agency of the action taken in respect of the allegations. These notifications must be made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made. A registered provider who, without reasonable excuse, fails to comply with this requirement, commits an offence.

Suitable people

Providers must ensure that people looking after children are suitable to fulfil the requirements of their roles. Providers must have effective systems in place to ensure that practitioners, and any other person who is likely to have regular contact with children (including those living or working on the premises), are suitable.

Ofsted or the agency with which the childminder is registered is responsible for checking the suitability of childminders and of persons living or working on a childminder’s premises, including obtaining enhanced criminal records checks and barred list checks. Providers other than childminders must obtain an enhanced criminal records disclosure in respect of every person aged 16 and over who13:

• works directly with children;
• lives on the premises on which the childcare is provided; and/or
• works on the premises on which the childcare is provided (unless they do not work on the part of the premises where the childcare takes place, or do not work there at times when children are present).
Providers must tell staff that they are expected to disclose any convictions, cautions, court orders, reprimands and warnings that may affect their suitability to work with children (whether received before or during their employment at the setting). Providers must not allow people whose suitability has not been checked, including through a criminal records check, to have unsupervised contact with children being cared for.

Providers other than childminders must record information about staff qualifications and the identity checks and vetting processes that have been completed (including the criminal records disclosure reference number, the date a disclosure was obtained and details of who obtained it). For childminders the relevant information will be kept by Ofsted or the agency with which the childminder is registered.

Providers must also meet their responsibilities under the Safeguarding Vulnerable Groups Act 2006, which includes a duty to make a referral to the Disclosure and Barring Service where a member of staff is dismissed (or would have been, had the person not left the setting first) because they have harmed a child or put a child at risk of harm.

Disqualification (all registered providers and employees in registered settings)

A registered provider or a childcare worker may be disqualified from registration. In the event of the disqualification of a registered provider, the provider must not continue as an early years provider – nor be directly concerned in the management of such provision. Where a person is disqualified, the provider must not employ that person in connection with early years provision. Where an employer becomes aware of relevant information that may lead to disqualification of an employee, the provider must take appropriate action to ensure the safety of children.

A registered provider or a childcare worker may also be disqualified because they live in the same household as another person who is disqualified, or because they live in the same household where a disqualified person is employed.

A provider must notify Ofsted or the agency with which the childminder is registered of any significant event which is likely to affect the suitability of any person who is in regular contact with children on the premises where childcare is provided. The disqualification of an employee could be an instance of a significant event. If a registered person or childcare worker is disqualified they may, in some circumstances, be able to obtain a ‘waiver’ from Ofsted.

The provider must give Ofsted or the childminder agency with which they are registered, the following information about themselves or about any person who lives in the same household as the registered provider or who is employed in the household:

• details of any order, determination, conviction, or other ground for disqualification from registration under regulations made under section 75 of the Childcare Act 2006;

• the date of the order, determination or conviction, or the date when the other ground for disqualification arose; • the body or court which made the order, determination or conviction, and the sentence (if any) imposed; and

• a certified copy of the relevant order (in relation to an order or conviction).

The information must be provided to Ofsted or the childminder agency with which they are registered as soon as reasonably practicable, but at the latest within 14 days of the date the provider became aware of the information or ought reasonably to have become aware of it if they had made reasonable enquiries.

Staff taking medication/other substances

Practitioners must not be under the influence of alcohol or any other substance which may affect their ability to care for children. If practitioners are taking medication which may affect their ability to care for children, those practitioners should seek medical advice. Providers must ensure that those practitioners only work directly with children if medical advice confirms that the medication is unlikely to impair that staff member’s ability to look after children properly. Staff medication on the premises must be securely stored, and out of reach of children, at all times.

Staff qualifications, training, support and skills

The daily experience of children in early years settings and the overall quality of provision depends on all practitioners having appropriate qualifications, training, skills and knowledge and a clear understanding of their roles and responsibilities. Providers must ensure that all staff receive induction training to help them understand their roles and responsibilities. Induction training must include information about emergency evacuation procedures, safeguarding, child protection, the provider’s equality policy, and health and safety issues. Providers must support staff to undertake appropriate training and professional development opportunities to ensure they offer quality learning and development experiences for children that continually improves.

Providers must put appropriate arrangements in place for the supervision of staff who have contact with children and families. Effective supervision provides support, coaching and training for the practitioner and promotes the interests of children. Supervision should foster a culture of mutual support, teamwork and continuous improvement, which encourages the confidential discussion of sensitive issues.

Supervision should provide opportunities for staff to:

• discuss any issues – particularly concerning children’s development or well-being;

• identify solutions to address issues as they arise; and

• receive coaching to improve their personal effectiveness.

In group settings, the manager must hold at least a full and relevant level 317 qualification and at least half of all other staff must hold at least a full and relevant level 2 qualification. The manager should have at least two years’ experience of working in an early years setting, or have at least two years’ other suitable experience. The provider must ensure there is a named deputy who, in their judgement, is capable and qualified to take charge in the manager’s absence.
Childminders must have completed training which helps them to understand and implement the EYFS before they can register with Ofsted or a childminder agency. Childminders are accountable for the quality of the work of any assistants, and must be satisfied that assistants are competent in the areas of work they undertake.

At least one person who has a current paediatric first aid certificate must be on the premises and available at all times when children are present, and must accompany children on outings. Childminders, and any assistant who might be in sole charge of the children for any period of time, must hold a current paediatric first aid certificate. Paediatric first aid training must be relevant for workers caring for young children and where relevant, babies. Providers should take into account the number of children, staff and layout of premises to ensure that a paediatric first aider is able to respond to emergencies quickly.

Providers must ensure that staff have sufficient understanding and use of English to ensure the well-being of children in their care. For example, settings must be in a position to keep records in English, to liaise with other agencies in English, to summon emergency help, and to understand instructions such as those for the safety of medicines or food hygiene.

Key person

Each child must be assigned a key person. Their role is to help ensure that every child’s care is tailored to meet their individual needs (in accordance with paragraph 1.10), to help the child become familiar with the setting, offer a settled relationship for the child and build a relationship with their parents.

Staff:child ratios

Staffing arrangements must meet the needs of all children and ensure their safety. Providers must ensure that children are adequately supervised and decide how to deploy staff to ensure children’s needs are met. Providers must inform parents and/or carers about staff deployment, and, when relevant and practical, aim to involve them in these decisions. Children must usually be within sight and hearing of staff and always within sight or hearing.

Only those aged 17 or over may be included in ratios (and staff under 17 should be supervised at all times). Students on long term placements and volunteers (aged 17 or over) and staff working as apprentices in early education (aged 16 or over) may be included in the ratios if the provider is satisfied that they are competent and responsible.
The ratio and qualification requirements below apply to the total number of staff available to work directly with children. For group settings providing overnight care, the relevant ratios continue to apply and at least one member of staff must be awake at all times. Exceptionally, and where the quality of care and safety and security of children is maintained, changes to the ratios may be made.

Early years providers (other than childminders)

For children aged under two:

• there must be at least one member of staff for every three children;
• at least one member of staff must hold a full and relevant level 3 qualification, and must be suitably experienced in working with children under two;
• at least half of all other staff must hold a full and relevant level 2 qualification;
• at least half of all staff must have received training that specifically addresses the care of babies; and
• where there is an under two-year-olds’ room, the member of staff in charge of that room must, in the judgement of the provider, have suitable experience of working with under twos.
For children aged two:

• there must be at least one member of staff for every four children;
• at least one member of staff must hold a full and relevant level 3 qualification; and
• at least half of all other staff must hold a full and relevant level 2 qualification.

For children aged three and over in registered early years provision where a person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification is working directly with the children:

• there must be at least one member of staff for every 13 children; and

• at least one other member of staff must hold a full and relevant level 3 qualification.

For children aged three and over at any time in registered early years provision when a person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification is not working directly with the children:

• there must be at least one member of staff for every eight children;

• at least one member of staff must hold a full and relevant level 3 qualification;

• at least half of all other staff must hold a full and relevant level 2 qualification.

3.35. For children aged three and over in independent schools, where a person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification, an instructor, or another suitably qualified overseas trained teacher, is working directly with the children:

• for classes where the majority of children will reach the age of five or older within the school year, there must be at least one member of staff for every 30 children;
• for all other classes there must be at least one member of staff for every 13 children; and
• at least one other member of staff must hold a full and relevant level 3 qualification.

For children aged three and over in independent schools, where there is no person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification, no instructor, and no suitably qualified overseas trained teacher, working directly with the children:

• there must be at least one member of staff for every eight children;
• at least one member of staff must hold a full and relevant level 3 qualification; and
• at least half of all other staff must hold a full and relevant level 2 qualification.

For children aged three and over in maintained nursery schools and nursery classes in maintained schools:

• there must be at least one member of staff for every 13 children;

• at least one member of staff must be a school teacher as defined by section 122 of the Education Act 200223; and
• at least one other member of staff must hold a full and relevant level 3 qualification.

Reception classes in maintained schools are subject to infant class size legislation. The School Admissions (Infant Class Size) Regulations 2012 limit the size of infant classes to 30 pupils per school teacher while an ordinary teaching session is conducted. ‘School teachers’ do not include teaching assistants, higher level teaching assistants or other support staff. Consequently, in an ordinary teaching session, a school must employ sufficient school teachers to enable it to teach its infant classes in groups of no more than 30 per school teacher.

Some schools may choose to mix their reception classes with groups of younger children, in which case they must determine ratios within mixed groups, guided by all relevant ratio requirements and by the needs of individual children within the group. In exercising this discretion, the school must comply with the statutory requirements relating to the education of children of compulsory school age and infant class sizes. Schools’ partner providers must meet the relevant ratio requirements for their provision.

Before/after school care and holiday provision

Where the provision is solely before/after school care or holiday provision for children who normally attend Reception class (or older) during the school day, there must be sufficient staff as for a class of 30 children. It is for providers to determine how many staff are needed to ensure the safety and welfare of children, bearing in mind the type(s) of activity and the age and needs of the children. It is also for providers to determine what qualifications, if any, the manager and/or staff should have. Providers do not need to meet the learning and development requirements in Section 1. However, practitioners should discuss with parents and/or carers (and other practitioners/providers as appropriate, including school staff/teachers) the support they intend to offer.

Childminders

At any one time, childminders may care for a maximum of six children under the age of eight. Of these six children, a maximum of three may be young children, and there should only be one child under the age of one. A child is a young child up until 1st September following his or her fifth birthday. Any care provided for older children must not adversely affect the care of children receiving early years provision.

If a childminder can demonstrate to parents and/or carers and Ofsted inspectors or their childminder agency that the individual needs of all the children are being met, exceptions to the usual ratios can be made when childminders are caring for sibling babies, or when caring for their own baby. If children aged four and five only attend the childminding setting before and/or after a normal school day, and/or during school holidays, they may be cared for at the same time as three other young children. But in all circumstances, the total number of children under the age of eight being cared for must not exceed six.

If a childminder employs an assistant or works with another childminder, each childminder (or assistant) may care for the number of children permitted by the ratios specified above. Children may be left in the sole care of childminders’ assistants for two hours at most in a single day. Childminders must obtain parents and/or carers’ permission to leave children with an assistant, including for very short periods of time. For childminders providing overnight care, the ratios continue to apply and the childminder must always be able to hear the children (this may be via a monitor).