7.1
Withdrawal from the Directory of Providers
A provider who wishes to withdraw from the Directory must inform individual parents in writing, giving them a minimum of a term or three months notice to enable parents to make alternative arrangements. They must also write to: The Entitlements Team, Somerset County Council, County Hall, Taunton, TA1 4DY stating they wish to withdraw from the Directory, giving the effective date of withdrawal and stating the reasons why. Once written notice has been received a provider who wishes to rescind that notice may be required to go through the full application process for re-entry onto the Directory.
7.2
Suspension or Removal from the Directory of Providers
Non-compliance with any of the criteria for inclusion on the Directory may result in the Local Authority deciding to withhold further funding from the provider and may also result in the Local Authority deciding to recover payment of the whole, or part of funding already paid to the provider. The Local Authority may also decide to remove the provider from the Directory, subject to the provider being given an opportunity to make written representations prior to the final decision being made and subject to the provider's right of appeal, as set out in Section 8.
7.3 Early Years Performance Group
The Early Years Performance Group (EYPG) has been established by the Local Authority to monitor the performance of all early years provisions, in particular those identified by Ofsted as requiring improvement or inadequate or where, through its own monitoring mechanisms, concerns have been identified.
The purpose of the group is to monitor the advice, information, support and challenge to providers to ensure improved outcomes for all children by:
• raising the quality of provision • ensuring safety
• improving equality of access and opportunity • improving practice
• ensuring compliance with regulatory requirements.
Providers will be notified that they are being referred to EYPG and must carry out any recommendations for improvements to be made within the given timescales.
The Local Authority reserves the right to withdraw funding from providers if they:- • get two consecutive ‘requires improvement’ outcomes
• get a’ requires improvement outcome’ and do not/cannot show improvement within one year
• do not engage or participate in agreed improvement criteria
• do not comply with the Early Years Foundation Stage statutory framework • do not submit a Quality Improvement Plan within six weeks of receiving
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a) Requires Improvement
The Early Years Performance Group will monitor the progress of settings who receive a ‘requires improvement’ inspection outcome from Ofsted and expect to see improvement to the quality of provision within one year. Please see flowchart (A) at the end of this section and Section 3.3.The provider must submit a Quality Improvement Plan within six weeks from notification.
b) Inadequate
Providers given an ‘Inadequate’ outcome by Ofsted must inform Somerset Family
Information Direct immediately. They should keep parents fully informed at all stages. Once an Ofsted inspection report/monitoring letter has been received, the provider must provide a copy to all parents of children who attend the setting. The provider will be referred to the next meeting of the Early Years Performance
Group. Please see flowchart (B) at the end of this section. They must produce a Quality Improvement Action Plan outlining how the issues raised at inspection will be addressed.
The provider must implement the actions in the Quality Improvement Plan and ensure improvement within 3 months. Non- compliance may result in withdrawal of funding and removal from Somerset’s Directory of Providers.
Providers must co-operate fully with the Early Learning Area Coordinators and Early Years Performance Group.
c) Inadequate and not complying with requirements
“If you make inadequate progress in addressing the points for improvement and the monitoring visit raises serious concerns about the standard of care and/or learning and development at the provision, then we may take steps to cancel your registration or prosecute you. We can take this course of action following any visit, but we are most likely to take it if following the third monitoring visit we fail to see
considerable improvement” Ofsted Factsheet 120233
If Ofsted cancel your registration or take steps to prosecute, you must inform the Entitlements team immediately. This will result in an immediate removal from the Directory and the funding will cease. The Local Authority may also seek recovery of funding already paid to the provider either in whole, or in part. If the provider decides to appeal against their Ofsted inspection outcome and the appeal is successful, the provider will be re-admitted to the Directory.
The provider must inform all parents/carers of the outcome and the withdrawal from the Directory.
The provider consents to the Local Authority and Ofsted sharing information about these matters as considered necessary.
When considering settings going on to the Directory Somerset County Council may take into consideration any information published by Ofsted about a provider or childminder agency including the recent history about childcare provision by a particular provider or agency or childcare provision at a particular address. This could include, for example, a provider using the same location, and employing at least one member of the leadership team, as one previously closed down or rated ‘inadequate’ by Ofsted.
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Fraudulent claims or inappropriate use of Early Years Entitlement will result in the Local Authority withholding further funding and may result in the Local Authority seeking to recover funding already paid to the provider, either in whole, or in part. The Local Authority may decide to remove the provider from the Directory, subject to the provider being given an opportunity to make written representations prior to the final decision being made and subject to the provider's right of appeal, as set out in Section 8.
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‘Requires improvement’ inspection outcomes – process of the
Early Years Performance Group (EYPG)
Setting SCC Action
Escalate to EYPG Agenda for next half-termly meeting If the setting receives a second (consecutive)
satisfactory inspection outcome, refer to EYPG. Setting written to by Chair of EYPG to confirm no further action.
Copied to SFID to note on Capita One.
No Yes
Letter sent by Clerk of EYPG to setting requesting QIP within six weeks.
Training Development Audit Officer (TDAO) visits setting.
• Conducts Training Audit
Notification to TDAO, ELAC and Entitlements team for information
EYPG decides whether all actions have been met and quality has improved
Clerk to EYPG
• Records receipt of Quality Improvement Plan • Sends copy to TADO and ELAC
• ELAC provides support and challenge Return Quality
Improvement Plan to Clerk of EYPG within 6 weeks from notification.
Contact Somerset Family Information Directory on notification of requires improvement inspection
Meet with Training
Development Audit Officer (TDAO)
Participate in Quality Improvement programme or peer to peer support network
Setting undertakes actions described in QI Plan and puts in place Continuous Professional Development as required.
SCC reserves the right to withdraw EYE funding from the setting if
• a Quality Improvement Plan is not received within six weeks of notification
• no improvement has been made within one year or by the next inspection date
• they do not engage with agreed improvement criteria
A.
Lead Officer identifies further actions and confirms with setting
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