Guest Posted June 7, 2005 Share Posted June 7, 2005 Hi all, Just a query about who is normally the "registered person" For example: A chain of Nurserys are the owners/directors the "Registered person" or do they put the responsibility of "Registered person" on the individual managers of each setting? I had this discussion today with someone in a chain who does the latter, stating the owner had no childcare qualifications/experience etc. I then asked in the event of a Non Compliance of any of the standards or even a health or safety issue who would be ultimately responsible? Where does the buck stop, the "Registered person" or the employer? I am aware that in committee run groups the committee are designated as "Registered persons" but wondered about the above scenario. Any ideas? Peggy Quote Link to comment Share on other sites More sharing options...
Guest Posted June 7, 2005 Share Posted June 7, 2005 An interesting point and I don't really know the answer but logic would say to me that the manager would be the nominated registered person but actually their employer would ultimately take responsiblity. For example if there was a Health and Safety issue every single individual holds a great deal of responsbility and can be liable but if the employer had not given the necessary training/support to the manager to do their job then they would ultimately have to take the responsibility. But I should imagine that those managers working in these sorts of circumstances might be under a great deal of pressure especially when things may not be done exactly according to the book. Be interested to see what the real answer is Nikki Quote Link to comment Share on other sites More sharing options...
Guest Posted June 7, 2005 Share Posted June 7, 2005 Peggy, This is a grey area, to say the least. The registered person doesn't (technically) need to have any EY qualifcations or experience, but they do need medical references etc. The registered person can be a business owner (and therefore can be registered person for an infinite number of sites). However look at some OFSTED reports and see what they say about registered persons with no qualifications!!! Round here, it's not flavour of the month! If a committee chairperson was the registered person ... no reason why not (management committees and all that) .... by the time the process had been completed, it might be "all change" (i.e. new committee). I haven't seen any OFSTED stuff on this. Anyway, my opinion is that the "registered person" should be someone more permanent than commmittee (i.e. the most senior staff member). But this may be rarer than I think! Ultimately, of course, the "registered person" is responsible. As far as OFSTED is concerned the "buck stops" with the registered person. Employment law/health and safety .... another set of issues. If you employ/supervise staff, then mostly the "buck stops" with you! And, of course, all staff have health/safety reponsibilities (which then absolve employers/supervisors from responsibility). A minefield, Peggy! Diane Quote Link to comment Share on other sites More sharing options...
hali Posted June 9, 2005 Share Posted June 9, 2005 Our chair is ours...........(person not somthing you sit on ) Quote Link to comment Share on other sites More sharing options...
Guest Posted June 9, 2005 Share Posted June 9, 2005 Thank you for your responses, Hali, your chair, ( who you don't sit on ) like me is the employer, now, if I decided to own my business, but stay at home or get another job and have a new manager Audrey as the registered person what are her liabilities and what are mine? Peggy Quote Link to comment Share on other sites More sharing options...
hali Posted June 9, 2005 Share Posted June 9, 2005 ohhhhhhh... sorry Peggy dont know.... Quote Link to comment Share on other sites More sharing options...
thoreed Posted June 12, 2005 Share Posted June 12, 2005 Actually, the "registered person" in the case of a chain of nurseries is not actually a "person" at all! The registered person for each of the settings in the chain is the Limited Company that owns the nurseries. The Directors of the Company or shareholders would not in general have any personal liability for breaches of the National Standards. Tom Quote Link to comment Share on other sites More sharing options...
Inge Posted June 12, 2005 Share Posted June 12, 2005 peggy, a call to Ofsted may help? or then may not!!! we are commitee led, it is not just the chair who is the registered person but the commitee as a whole are 'registered people'. This is why they all have to have CRB checks. (it the same for charity status, the commitee are all trustees of the charity.) The chair is just the nominated person to be ofsted contact . This I was told when contacting ofsted because our chair left in a hurry, and left us with no notice, she just dumped all the paperwork on the table and said she was leaving. we had to nominate a temporary chair to be point of contact and re elect one at soonest possible meeting. As to commitee being qualified for the job, how many are? Parents leave every year and unless you find someone willing to stay for a while the commitee changes annually. Yes occasionally by the time it is sorted they have gone but this doesnt seem be an issue with Ofsted, except to write and tell them they are not suitable but still allow them to be chair and point of contact etc.!!! Inge Quote Link to comment Share on other sites More sharing options...
Guest Posted June 13, 2005 Share Posted June 13, 2005 We have always had the reistered person as the Committee. But I as leader am able to sign things on behalf of the registered person. At the end of the day, my chair is lovely but hasn't a clue about anything pre school, ofsted, early yrs etc. Net x Quote Link to comment Share on other sites More sharing options...
Rea Posted June 13, 2005 Share Posted June 13, 2005 Our chair is the reg person. A couple of weeks ago I needed help regarding a non resident dad, parental responsibility and information I could pass on. Lawcall wouldnt talk to me! I had to pretend to be the chair because I couldnt tell her the issues. I'm still not sure if this is because she is the chair or reg person, but it put me in the position of having to lie or tell confidential stuff to the chair who is a parent with no qualifications or child protection training and who may not even be part of the group at the next AGM. Quote Link to comment Share on other sites More sharing options...
Guest Posted June 13, 2005 Share Posted June 13, 2005 I see your point Rea, It seems to me that the most logical person would be the one who has daily responsibilities in the setting. I am considering placing a manager in my preschool and having her named as the registered person. I am at present the registered person and owner of the business. My considerations are: 1. I am planning to Foster children and will not be present every day, so how could I be truely responsible. 2. If I remain the registered person then at least there will be continuity in case the manager moves on. 3. Thinking worse scenario, what if Ofted de-register the preschool for any reason. If I'm de-registered - no business. If a manager is de-registered can I just replace her? I think I shall have to phone Ofsted, until then any ideas? Peggy Quote Link to comment Share on other sites More sharing options...
Guest Posted June 15, 2005 Share Posted June 15, 2005 Have never really given this an awful lot of thought byu am thinking now that I should. Nikki Quote Link to comment Share on other sites More sharing options...
thoreed Posted June 15, 2005 Share Posted June 15, 2005 Peggy, I don't think that Ofsted will let you name the manager as the Registered Person. He/she can be the responsible person and point of contact, but the owner of the business (whether a person or a company) is always the registered person. Hope that helps, Tom Quote Link to comment Share on other sites More sharing options...
Guest Posted June 16, 2005 Share Posted June 16, 2005 Thanks Tom, that seems to make sense. Peggy Quote Link to comment Share on other sites More sharing options...
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