Ofsted wants to reveal complaints

At present parents are not told the result of any investigation carried out by Ofsted, unless the daycare provider investigated allows Ofsted to do so.

Under Part XA of the Children Act 1989 it has only two specific powers to make information public without the provider's consent - its register of childminders and daycare providers, and its inspection reports every two years.

A spokesman said, 'Ofsted is constrained legally in terms of information it can and can't give out. If the provider gives consent we can give information to parents, but if the provider doesn't, we can't tell parents.

But Ofsted can and will take appropriate actions to remedy a situation and it has used these powers.'

Between 1 September 2001 and 28 February 2003, out of around 70,000 childminders and 30,000 daycare providers in England, Ofsted had to place emergency orders through magis- trates' courts in 16 separate cases. It also issued 59 notices of intention to cancel a provider's registration, which were subject to appeal by the provider, and Ofsted succeeded in cancelling 80 per cent of these.

The Ofsted spokesman said it also had powers to either cancel provision outright or to reduce down to zero the number of children a provider was registered for, 'which has the same effect'.

Labour MP Geraint Davies' Regulation of Child Care Providers Bill, which has its second reading next month, calls for both Ofsted and Estyn, which regulates daycare providers in Wales, to 'keep a register of all complaints made against a childcare provider which require remedial action to be taken by (them)'. These complaints would remain on the register for five years and the register would be open to parents wishing to use any care provider.

Mr Davies is also pressing Ofsted to produce a consent form that childminders can sign to allow parents access to their individual complaint records. He said, 'Ofsted should then publish information for parents about which childminders have signed or have not signed the form.'

The Ofsted spokesman said this was one option it was currently looking at, as it would allow parents to have 'access to relevant information'. He added that Ofsted was also 'actively discussing with the Department for Education and Skills what can be done to address the situation where childcare providers refuse to consent to disclosure about complaints'.

Ofsted's early years complaints helpline is on 0845 601 4772.