Alongside the reduction in bureaucracy in the revised Early Years Foundation Stage there are important changes in the responsibilities placed on providers over Suitable People.
'One of these changes is the simplification of the process of checking a manager's suitability,' says Mandy Terry, lead consultant with Acorn Childcare Training. 'Currently it is Ofsted's responsibility to obtain criminal record disclosures on managers but from September, providers will be responsible.'
In line with current legislation, providers will also continue to provide checks for everyone aged 16 and over who works directly with children, lives on the premises on which the childcare is provided and/or works on these premises (unless they do not work on the part of the premises where the childcare takes place, or do not work there at times when the children are present).
The requirement for them to have effective systems in place to 'ensure people looking after children are suitable to fulfil the requirements of their role' remains the same. However, in future providers must tell staff to disclose convictions, cautions, court orders, reprimands or warnings affecting their suitability.
Ms Terry says, 'Additionally the new framework specifies that providers (not childminders) must record information about staff qualifications and the identity checks and vetting processes completed (this is noted less specifically in the current EYFS framework document as information used to assess suitability). For childminders this information will be kept by Ofsted - as before.'
From September, Ofsted will be responsible for checking the suitability of childminders and of persons living or working on their premises - something the childminder currently takes care of.
The employer is duty bound to take appropriate action to ensure children's safety, and if a registered provider (someone living in the same household as the registered provider, or a person employed in that household) is disqualified, the provider is not allowed to continue as an early years provider, or have any management role in the provision. The provider must not continue to employ a disqualified person. As was the case previously, the provider has to give details to Ofsted of the grounds for disqualification from registration.
The regulations have been tightened regarding practitioners taking medication, and on smoking. For alcohol and other substances the requirements remain the same as before - 'practitioners must not be under the influence of alcohol or any other substance which may affect their ability to care for children'.
Ms Terry says, 'What has changed is that there is an onus on the provider to ensure medical advice confirms that any such practitioner's ability to take care of children is not affected by their medication. Any such medication on the premises must be securely stored, and out of reach of children at all times.'
Although smoking is mentioned with regard to Health rather than Suitable People, the revised framework states 'providers must have a no smoking policy, and must prevent smoking in a room, or outside play area, when children are present or about to be present'.
Ms Terry says, 'Previously the requirement was for providers to ensure children "are in a smoke-free environment" - a no smoking policy was guidance only.'
RIGOROUS CHECKS
The need for an enhanced Criminal Records Bureau (CRB) disclosure and suitable reference is made clear to all new recruits at Oakwood House Nursery in Huddersfield, which is part of the Portland Nurseries Group.
Manager Samantha Richmond says, 'We always take up references - one of whom must be a recent employer. We send out a written form but sometimes ring and have a conversation. If the position is that of a senior member of staff and the applicant was coming from another nursery we would probably telephone and take verbal references as well as sending out the form. We do ask pertinent questions on the form and are reviewing it at the moment.'
When applicants come for interview they are asked to bring some form of ID with them which is checked and recorded on the application form. The nursery sends out a pre-employment health questionnaire before someone starts.
'We register the person online with the CRB and email their registration number to them so they can go online and complete the CRB application and log the forms of ID they are using,' says Ms Richmond. 'They then bring the ID to us and we can track their application.
'The information is stored securely on the CRB website and we keep an Excel spreadsheet with the names of all the staff and their CRB registration numbers. It is much quicker than the paper system: sometimes it would come back because of one digit entered wrongly.'
Spreadsheets are maintained with everyone's qualifications on them and these are updated as people take further qualifications. Copies of everyone's qualification certificates are stored in the staff personnel files.
Ms Richmond says, 'Checks on people's suitability start with the application form on which they have to say they are eligible to work in the UK. The form states that because the job involves substantial access to children it is exempt from the Rehabilitation of Offenders Act, 1974 and applicants are required to declare any convictions or cautions they have.'
Ms Richmond reports that the disclosure of a criminal record does not bar someone from appointment unless it is considered that the conviction renders them unsuitable. 'Failure to declare a conviction may, however, disqualify a person from appointment or may result in summary dismissal if the discrepancy comes to light,' she says. 'We have a written policy on the recruitment of ex-offenders.
'We have had people who have been cautioned for taking a lipstick from a shop when they were aged 17 and that does not necessarily bar them from working with children at the age of 35. But if you had somebody with a conviction for grievous bodily harm, they are not going to be suitable to work with children.
'If a member of staff becomes disqualified, they would lose their job automatically. We would inform the police, notify Ofsted immediately and the independent safeguarding authority so their records could be updated -that is in our safeguarding policy.'
INDUCTIONS
It is vital that nurseries have a robust induction procedure in place to ensure suitability of all people. At Oakwood House Nursery, the induction process addresses the following issues:
- Safeguarding: new employees are taken through all aspects of safeguarding. This begins during the recruitment process when scenarios are set up to gauge their knowledge
- Risk assessments: these are conducted on an ongoing basis but special care is given to ensure new employees understand them
- Substance, drug and alcohol misuse policy: new staff must understand that 'The use of alcohol, illegal drugs or tobacco is forbidden across the whole of the company's sites'
- Smoking: staff understand they are not allowed to smoke in uniform. If they want to smoke at lunchtime they must cover up their uniforms and leave the grounds
- Personal medication: staff must keep any medication in their lockers. Longterm conditions such as diabetes will have been disclosed in the pre-employment health questionnaire.
If someone has allergies that require an epi-pen, this will be held centrally with the epi-pens needed for the children.
FURTHER INFORMATION
- Statutory Framework for the Early Years Foundation Stage - setting the standards for learning, development and care for children from birth to five is downloadable from the DfE website: www.education.gov.uk/schools/teachingandlearning/curriculum/a0068102/ear ly-years-foundation-stage-eyfs
