Ofsted -nominated person and companies!

[Mouseketeer]

It would help if anybody could answer my question. If your committee is classed as a Management Committee then all committee members' have an equal share in the responsibility. It won't matter who is chair, secretary or anything else. I guess any member of the committee could then be the nominated person? This would make things much easier right?

noooooooo BroadOaks just having any committee member as nominated person full stop is not going to help !

 

update on my self-service: I rummaged and found said token (diff to sef one) I logged in to sef then enrol in self-service, used the found token (letters & numbers) to log in, it let me log in, but going to 'my account' just brought up an EY2 form as if I had to complete in, i couldn't find a list of members anywhere :-/

[Mouseketeer]

Bit the bullet and phoned ofsted....

question: how do I become a committee member, reply "why do you want to" ?, because I want to stay as the nominated person, reply "you don't need to be a committee member we have you as manager/nominated person", but hasn't it changed, doesn't the nominated person have to be a committee member now ? reply "oh don't worry about that, its for new registrations" ...WHAT !!!

 

I don't even know if I believe that, and I was also told you can't see your committee members on self-service :-/

 

but no mention of why haven't you returned the form that was meant to back in 5 days! a month ago :-)

[eyfs1966]

 

question: how do I become a committee member, reply "why do you want to" ?, because I want to stay as the nominated person, reply "you don't need to be a committee member we have you as manager/nominated person", but hasn't it changed, doesn't the nominated person have to be a committee member now ? reply "oh don't worry about that, its for new registrations" ...WHAT !!!

 

 

Yay!! That's the best news ever...and if anyone tries to tell me anything different...DON'T!!!!!!!!

[lsp]

Right, I am just going to return my form again, with me still as nominated person/manager and not a committee member and wait................

[thumperrabbit]

Bit the bullet and phoned ofsted....

question: how do I become a committee member, reply "why do you want to" ?, because I want to stay as the nominated person, reply "you don't need to be a committee member we have you as manager/nominated person", but hasn't it changed, doesn't the nominated person have to be a committee member now ? reply "oh don't worry about that, its for new registrations" ...WHAT !!!

 

I don't even know if I believe that, and I was also told you can't see your committee members on self-service :-/

 

but no mention of why haven't you returned the form that was meant to back in 5 days! a month ago :-)

I get the feeling they've just pushed this 'admin function' out to some sort of 'contractor style group' and they actually don't know how Ofsted work :blink:

[Mouseketeer]

Ummm he was wrong about not being able to see your committee members on line....I just found them all, and only one person on the list that I removed last Oct, but I am also going to send in my form as is and see what happens.

[thumperrabbit]

Ummm he was wrong about not being able to see your committee members on line....I just found them all, and only one person on the list that I removed last Oct, but I am also going to send in my form as is and see what happens.

Oh well that's positive, so where could you see your committee list?

[laura]

Bit the bullet and phoned ofsted....

question: how do I become a committee member, reply "why do you want to" ?, because I want to stay as the nominated person, reply "you don't need to be a committee member we have you as manager/nominated person", but hasn't it changed, doesn't the nominated person have to be a committee member now ? reply "oh don't worry about that, its for new registrations" ...WHAT !!!

 

I don't even know if I believe that, and I was also told you can't see your committee members on self-service :-/

 

but no mention of why haven't you returned the form that was meant to back in 5 days! a month ago :-)

Really! i'm going to ring tomorrow and see if they say the same thing as they want us to re-register as we are a limited company, always have been.. fingers crossed ... I was going to bite the bullet and start filling in the forms this evening - I shall hold fire!

[Mouseketeer]

Oh well that's positive, so where could you see your committee list?

I logged into sef, then 'enrol in self-service', I used the 'token and dob' to log in there, my account, manage provision, view/update the individual associates.

You can also change any setting details, pay invoice, see which register/s you are on.

[thumperrabbit]

That sounds like something useful for a change!

But the 'token' number is different to the one you use to sign on to the gateway to get to your sef?

[Mouseketeer]

mine is, i have a 12 digit log in for sef, the token it wanted was made up of lower case letters and numbers all mixed up , quite like the bt home hub password.

[thumperrabbit]

That's wakening a buried memory was it quite a few years ago we were given it?

[Mouseketeer]

That's wakening a buried memory was it quite a few years ago we were given it?

Yes definately a good few years ago, I can't even remember what they were sent out for, get rummaging !

[Amina_Hussain]

Really! i'm going to ring tomorrow and see if they say the same thing as they want us to re-register as we are a limited company, always have been.. fingers crossed ... I was going to bite the bullet and start filling in the forms this evening - I shall hold fire!

Morning do update us with their response to you, as I'm in the same boat. I sent them an email to explain we have always been a parent run committee & do i have to reregister. My email has been recieved and redirected to the correct department but I'm still waitinG!

[Mouseketeer]

Yeah, My reply and no mention of nominated person not being on the committee :-)

 

'Thank you for completing the registration details form.

 

Ofsted has updated its systems to match the registration details form you provided. Please check its content and advise Ofsted of any further changes. You may want to retain this document for your records.

 

I would like to take this opportunity to confirm the requirement for you to keep Ofsted up to date with changes to registration. These requirements are outlined in; sections 3.77 and 3.78 of the Early Years Foundation Stage and Regulations 2008 Paragraph 26 of Schedule 3 of the Childcare (General Childcare Register).

 

Information on what you must report and how to update us can be found on our website at the following link

https://www.gov.uk/register-childminder-childcare-provider/after-youre-registered

 

When it’s not possible to notify Ofsted in advance, you must tell them as soon as you can. It’s an offence not to tell Ofsted within 14 days of a change happening.

 

 

Please note that if you have provided information of an additional contact(s) in Section E of the data cleanse form the individual(s) have been added to our records. However, if you have selected you give them permission to access the registration's Self Evaluation form, they will not be able to gain access until June 2016. We will contact you closer to this time to advise you further.'

[Fredbear]

Well that's ridiculous isn't it. I so wished you received one answer. As stated in my previous posts, a kind committee member has offered to be the nominated person, because that's what we were told we had to have as a committee run setting and not myself as the Manager. So we duly filled in the registration update form as requested and returned. My kind committee member has now received an email to say she cannot be the nominated person as the nominated person on record has not notified them. I now have lost the will, can you hear me screaming rather loudly.:(: another call to Ofsted tomorrow. :(

[Fredbear]

Sorry Mouseketeer can you just confirm please that you are listed as the nominated person and you are not on the committee, but a Manager. Are you committee run ? And no mention has been made for you to have a committee person as the nominated person, is that correct.

[Mouseketeer]

Yep Fredbear, committee run, charity preschool, I am the manager and nominated person and have never been a committee member, on the form I put me as the nominated person.

 

What a nonsense fredbare, if you completed their form as the existing nominated person how can they say they haven't been informed ?

Edited February 3, 2016 by Mouseketeer

[Fredbear]

Well now that really is ridiculous, as I have been on the telephone yet again to Ofsted this afternoon and they categorically state that a committee member must now be the nominated person.:(

[eyfs1966]

Yet again sounds as though ofsted's left hand doesn't know what it's right hand is doing. That said, I still haven't had The Form, have not been notified by Ofsted, Lea or any other official organisation of these changes, so am staying as I am until forced to do otherwise.

[Mouseketeer]

Well now that really is ridiculous, as I have been on the telephone yet again to Ofsted this afternoon and they categorically state that a committee member must now be the nominated person.:(

Oh dear you have to laugh (or cry) ...I was told it was only for new registrations ....but my county sent a newsletter saying we had to be a Cm....phone back and say you want to speak to the same bloke as mouse lol

[BroadOaks]

EYFS 3.77 and 3.78

 

Changes that must be notified to Ofsted or the relevant childminder agency

3.77 All registered early year’s providers must notify Ofsted or the childminder agency with which they are registered of:

• any change in the address of the premises; to the premises which may affect the space available to children and the quality of childcare available to them; in the name or address of the provider, or the provider’s other contact information; to the person who is managing the early year’s provision; or in the persons aged 16 years or older living or working on childminding premises;
• A person is not considered to be working on the premises if none of their work is done in the part of the premises in which children are cared for, or if they do not work on the premises at times when children are there.
• any proposal to change the hours during which childcare is provided; or to provide overnight care; any significant event which is likely to affect the suitability of the early year’s provider or any person who cares for, or is in regular contact with, children on the premises to look after children;
• where the early year’s provision is provided by a company, any change in the name or registered number of the company;
• where the early year’s provision is provided by a charity, any change in the name or registration number of the charity;
• where the childcare is provided by a partnership, body corporate or unincorporated association, any change to the 'nominated individual'; and where the childcare is provided by a partnership, body corporate or unincorporated association whose sole or main purpose is the provision of childcare, any change to the individuals who are partners in, or a director, secretary or other officer or members of its governing body.

3.78 Where providers are required to notify Ofsted or their childminder agency about a change of person except for managers, as specified in paragraph 3.76 above, providers must give Ofsted or their childminder agency the new person's name, any former names or aliases, date of birth, and home address. If there is a change of manager, providers must notify Ofsted or their childminder agency that a new manager has been appointed. Where it is reasonably practicable to do so, notification must be made in advance. In other cases, notification must be made as soon as is reasonably practicable, but always within 14 days. A registered provider who, without reasonable excuse, fails to comply with these requirements commits an offence.

 

http://www.legislation.gov.uk/uksi/2008/975/pdfs/uksi_20080975_en.pdf

 

26. The Chief Inspector is informed of—

(a) any significant event which is likely to affect the suitability to care for children, of the later year’s provider or any other person caring for the children for whom the later year’s provision is provided,

(b) any significant event which is likely to affect the suitability to be in regular contact with children, of any person who has attained the age of 16 and who—

(i) lives on the relevant premises, or

(ii) works (including on a voluntary basis) on the relevant premises at times when later year’s provision is provided, and

© any change in circumstances which affects the information held by the Chief Inspector as a result of the requirements of—

(i) Part 2 of Schedule 1 (in the case of a later year’s childminder), or 15 (ii) Part 2 of Schedule 2 (in the case of a later year’s provider other than a later year’s childminder).

 

Just thought i would include those legislation that Ofsted listed to get a better understanding.

 

This is still very confusing... and needs clarifying.

[BroadOaks]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/497337/EY_and_childcare_reg_handbook.doc

 

I guess this is the reason for the changes?

 

 

7. An organisation or sole trader that provides childcare from multiple premises must register all their settings under a single registration with Ofsted. Once registered, a provider can apply for approval to add settings to that registration at any time.

 

 

46. Where the registered person is an organisation, it must appoint a ‘nominated individual’ who will be responsible for all matters relating to the registration and who will act on behalf of the organisation in its dealings with Ofsted. The nominated individual must be a member of the organisation’s governing body. This person cannot be the appointed manager, unless the manager is also a member of the governing body.

1

 

 

1. There are three categories of registered person.

• Individual. The sole owner of a provision. S/he is solely responsible and accountable for the provision and s/he must sign the application form
• Organisations whose sole or main purpose is provision of childcare. The organisation is accountable for the registration and the application must be signed by a member of the organisation’s governing body. In some instances, this person may also be the nominated individual.
• Organisations whose sole or main purpose is not the provision of childcare. The organisation is accountable for the registration and the application must be signed by the most senior person in the organisation who has delegated, clearly identifiable and direct responsibility for managing, planning and monitoring the childcare, on behalf of the organisation. In some instances, this person may also be the nominated individual.

Examples of ‘organisations’ include formal or informal partnerships, a body corporate such as a limited company or an unincorporated association, such as a registered charity or a school governing body

Single application for registration of multiple settings

1. Non-domestic and on-domestic applicants who wish to provide childcare at multiple premises may apply for registration of the entire provision under a single application, using the online application facility. They must have at least one premise that is suitable for the provision of childcare at the point of application.

Where the applicant is an organisation that also operates separate legal entities that provide childcare, the organisation must apply to register each separate legal entity. Each legal entity will then be treated as the registered person. A ‘legal entity’ is an association, corporation, partnership, proprietorship, trust, or individual that has legal standing in the eyes of the law.[1]

[1] A legal entity has legal capacity to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions.

Edited February 4, 2016 by BroadOaks

[BroadOaks]

So after posting all this... the main point i want to share, is this part:

 

A legal entity has legal capacity to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions.

 

Conclusion: it is all to do with the money

[Fredbear]

Exactly that, couldn't have put it better Broadoaks.

[Mouseketeer]

I don't think the guy I spoke to didn't know about point 46 or indeed who ever picked up my registration form :-/

[thumperrabbit]

46. Where the registered person is an organisation, it must appoint a ‘nominated individual’ who will be responsible for all matters relating to the registration and who will act on behalf of the organisation in its dealings with Ofsted. The nominated individual must be a member of the organisation’s governing body. This person cannot be the appointed manager, unless the manager is also a member of the governing body.

 

This makes sense in my senario - I am ok to be nominated person because I am a general committee member, so for once I understand something they wrote about in my reply to questionnaire!