Safeguarding and promoting children's welfare
General requirement
Specific legal requirements
Safeguarding
An effective safeguarding children policy and procedure must be implemented. This must include the procedure to be followed in the event of an allegation being made against a member of staff. The provider must ensure that all members of staff understand the safeguarding policy and procedure. Providers must refer to paragraphs 3.8 – 3.9 of the Statutory Framework for the Early Years Foundation Stage for details of how to record and make available all of their policies and procedures.
All providers must notify any child protection agency (usually local children's services or the police) previously identified by the Local Safeguarding Children Board (LSCB), without delay, of allegations of abuse as above.
Registered providers must inform Ofsted of any allegations of serious harm or abuse by any person living, working, or looking after children at the premises (whether that allegation relates to harm or abuse committed on the premises or elsewhere), or any other abuse which is alleged to have taken place on the premises, and of the action taken in respect of these allegations. Registered providers must inform Ofsted of these allegations 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.
Except in childminding settings, a practitioner must be designated to take lead responsibility for safeguarding children within the setting and liaising with local statutory children's services agencies as appropriate. They must also attend a child protection training course.
Statutory guidance to which providers should have regard
All providers should follow the guidance set out in the publication 
'What to do if you are worried a child is being abused - Summary' published by DCSF. This includes guidance on information sharing and confidentiality.
All practitioners should have an up-to-date understanding of safeguarding children issues and be able to implement the safeguarding children policy and procedure appropriately. Policies should be in line with LSCB local guidance and procedures.
Staff should be able to respond appropriately to any:
- significant changes in children's behaviour;
- deterioration in their general well-being;
- unexplained bruising, marks or signs of possible abuse;
- signs of neglect;
- comments children make which give cause for concern.
Specific legal requirements
Information and complaints
Providers must engage with, and provide the following information for, parents: [1.1, 1.3]
- the type of activities provided for the children;
- the daily routines of the provision;
- the staffing of the provision;
- food and drinks provided for the children;
- the provider's policies and procedures, for example, admissions policies, equality of opportunity policy, safeguarding children policy;
- the complaints procedure (copies to be available on request);
- details for contacting Ofsted and an explanation that parents can make a complaint to Ofsted should they wish;
- the procedure to be followed in the event of a parent failing to collect a child at the appointed time;
- the procedure to be followed in the event of a child going missing.
Providers must obtain necessary information from parents in advance of a child being admitted to the provision, including:
- emergency contact numbers;
- the child's special dietary requirements, preferences or food allergies the child may have;
- the child's special health requirements;
- information about who has legal contact with the child; and who has parental responsibility for the child.
Written parental permission must be requested, at the time of the child's admission to the provision, to the seeking of any necessary emergency medical advice or treatment in the future.
Registered providers must put in place a written procedure for dealing with concerns and complaints from parents and keep a written record of complaints and their outcome.1
Registered providers must investigate all written complaints relating to the requirements and notify complainants of the outcome of the investigation within 28 days of having received the complaint.
Registered providers must provide Ofsted, on request, with a written record of all complaints made during any specified period, and the action which was taken as a result of each complaint.
Independent schools must ensure that the complaints procedure they are required to have in place for the rest of the school also applies to their early years provision.
Parents must be given free access to developmental records about their child (for example, the EYFS Profile). However, a written request must be made for personal files on the children and providers must take into account data protection rules when disclosing records that refer to third parties.
1 Childminders are not required to have written policies and procedures. See paragraphs 3.8 and 3.9.
Statutory guidance to which providers should have regard
Providers should ensure that all staff are aware of the need to maintain privacy and confidentiality.
Parents should be allowed access to all written records about their children (except in exceptional cases where data protection laws stipulate it is against the best interests of the child to do so) and, where requested, comments from parents are incorporated into children's records.
The record of complaints should be kept for at least three years.
Specific legal requirements
Premises and security
The premises, both indoors and outdoors, must be safe and secure.
Providers must only release children into the care of individuals named by the parent.
Providers must ensure that children do not leave the premises unsupervised.
Providers must take steps to prevent intruders entering the premises.
Statutory guidance to which providers should have regard
Providers should consider:
- general indoors and outdoors security, such as which doors are locked or unlocked, door alarms, the use of security systems, intercoms and name badges;
- staff awareness of the whereabouts of other people in the building and of other users on the premises;
- information about the need for security and the systems in place, for example, posters and reminders displayed for parents and visitors;
- what additional security measures may be necessary where children stay overnight;
- the use of a system to verify the identity of any visitors, record their names, the purpose of the visit, and details of arrival and departure times; [1, 2]
- arrival and departure procedures for staff, children, parents and visitors;
- except where there is reasonable excuse, obtaining written permission from parents where children are to be picked up by another adult.
Specific legal requirements
Outings
Children must be kept safe whilst on outings.[1, 2]
For each type of outing, providers must carry out a full risk assessment, which includes an assessment of required adult:child ratios. This assessment must take account of the nature of the outing, and consider whether it is appropriate to exceed the normal ratio requirements (as set out in the Statutory Framework for the Early Years Foundation Stage), in accordance with providers' procedures for supervision of children on outings. The assessment must be reviewed before embarking on each specific outing.
Statutory guidance to which providers should have regard
Providers should obtain written parental permission for children to take part in outings.
Providers should take essential records and equipment on outings, for example, contact telephone numbers for the parents of children on the outing, first aid kit, a mobile phone.
Records should be kept about vehicles in which children are transported, including insurance details and a list of named drivers. Drivers using their own transport should have adequate insurance cover.
Specific legal requirements
Statutory guidance to which providers should have regard
The policy on equality of opportunities should include:
- information about how the individual needs of all children will be met;
- information about how all children, including those who are disabled or have special educational needs, will be included, valued and supported, and how reasonable adjustments will be made for them; [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]
- a commitment to working with parents and other agencies;
- information about how the SEN Code of Practice is put into practice in the provision (where appropriate);
- the name of the Special Educational Needs Co-ordinator (in group provision);
- arrangements for reviewing, monitoring and evaluating the effectiveness of inclusive practices;
- information about how the provision will promote and value diversity and differences; [1, 2]
- information about how inappropriate attitudes and practices will be challenged;
- information about how the provision will encourage children to value and respect others.
