Staffing Levels

[Guest]

I wonder whether anybody could help me. Our Setting is losing our Managers shortly and we are looking for a replacement. In the meantime if we had a Level 3 in the Setting which I know is needed to run, would the Level 3 have to be the responsable person and run the session. I ask because some of our staff currently Level 2 have been with the setting many years and would have far more experience than a newer Level 3. Any advise would be appreciated. Thank you

[mrsbat]

Our manager left after 1 weeks notice so I took over, I was a level 3 but I contacted ofsted about the regulations etc as I would have prefered not to have taken over straight away and they said someone without a level 3 could run it temporarily with ofsteds permission but temporarily would be up to a week and no more than that.

 

So I guess the answer to your question is unfortunately experience counts for nothing and what they want to see is the qualifications (not necessarily my view but ofsted are ofsted I guess)

[Cait]

I believe your level 3 will have to be the responsible person. It may be worth contacting Ofsted to see what they think, as they do seem to change their minds. Make a note of the name of person you speak to. There's a bit of paperwork they'll need to complete, but Ofsted should advise you about what that currently is. (it may be DC2, Health Check etc)

 

Are either of your level 2's training up to level 3 at the moment - that may count for something, depending on how far along they are and how long they may be expected to be in charge

[Guest jenpercy]

I believe your level 3 will have to be the responsible person. It may be worth contacting Ofsted to see what they think, as they do seem to change their minds. Make a note of the name of person you speak to. There's a bit of paperwork they'll need to complete, but Ofsted should advise you about what that currently is. (it may be DC2, Health Check etc)

 

Are either of your level 2's training up to level 3 at the moment - that may count for something, depending on how far along they are and how long they may be expected to be in charge

i have been in this situation before. you can give one name to OFSTED and ask the other one to actually run the sessions, or you can appoint them both and give one name to OFSTED but in my experience the OFSTED name will want paying as Manager as it is them who will be called to account if anything goes wrong, and so will the one doing the work.

 

On the other hand when my Manager got cancer OFSTED said I cold take over whenever necessary provided that I could always call on a level3 for advice, by phone if necessary. this made me laugh as I have been working in childcare for over 12 years, just hadn't ever got round to finishing my Level3 and I'd owned the company and been advising everyone else what to do for most of that!!

[Guest]

Thanks for your replies.

 

I have had a written reply from Ofsted which I will paste below, im more confused than before:-Do deputies/stand in members of staff need to have a Level 3?

 

Do Deputies/Stand in Members Need to be Level 3

Childcare settings are required to have a named deputy; this individual is not necessarily required to hold a level three qualification. However the ratio requirements in Appendix 2 state that the ratios relate to staff time to work directly with the children. This means that there must always be a level 3 qualified member of staff working directly with the children. This includes when the manager is absent or where the manager does not work directly with the children (supernumerary). In most cases this is likely to be the deputy but there is no requirement that this is the case, it may be any member of staff working directly with the children.

 

It is a specific requirement of the EYFS that sufficient suitable staff must be available to cover staff breaks, holidays, sickness and time spent with parents, in order to ensure that the ratio and qualification requirements are always met in relation to the staff working directly with the children. It is up to providers to ensure they have suitable measures in place to satisfy this requirement

 

Member of staff acting as Manager

It is up to the setting if the one day a week is covered by the same person or done on a rota basis.

 

From an Ofsted record keeping point of view; if a deputy manager takes over from the manager regularly for a few days a week or on emergency occasions such as sick leave or holidays they would not be required to submit a declaration and consent form (EY2).

 

As we only check the senior day-to-day person in charge of the childcare; we do not need to carry out checks on deputies even if they are on occasion the most senior person on site. The responsibility for ensuring the deputy is suitable to undertake this role would lie with the registered person who should carry out the checks they deem necessary, this must include an enhanced CRB check.If the deputy was to take over for an extended period such as long term sick then we would need to consider if they needed to submit a declaration and consent form on a case by case basis.

 

At all times providers will need to continue to meet the requirements of the EYFS and Childcare register where appropriate and cannot lapse on requirements whilst the normal manager is not present, therefore there must be a level 3 qualified member of staff working directly with the children even when the regular manager is not present

 

But then this kind of contradicts it

 

Whichever way I still need another Level 3 as she will need to have lunch break.