Ofsted and Nominated individual problems

[GFCCCC]

Is the easiest way just for managers to sign up as committee members? We have managers on the committee but they don't vote or take any part in pay review decisions. We do this as it makes it easier for discussions in committee as managers are present and can give service delivery reports and answer all relevant questions. I know some managers have concerns about the responsibility involved in being a trustee so it may be a difficult decision for some.

[Mouseketeer]

To be clear, are you saying you've just left yourself ( assuming you are the manager and current nominated person and are not a committee member) on the form in section b, and then just listed current committee members in section c?

 

If so, have you then had any response from ofsted?

 

Ps have pm,d you back re tap a shape!

I did exactly that to, I expected an email saying 'No' but the reply just said 'Thank You for updating your details and to remember to notify them of any changes', I did phone and was told It was fine, it was for new registrations, phoned again for another reason last week and asked whilst I'm here can you confirm I'm ok to be the nominated person and was told 'your registration is exactly as it should be' ......she then said yes and you are a committee member anyway (I'm not but just said 'ok thank you' and left it at that :-/ )

[eyfs1966]

I did exactly that to, I expected an email saying 'No' but the reply just said 'Thank You for updating your details and to remember to notify them of any changes', I did phone and was told It was fine, it was for new registrations, phoned again for another reason last week and asked whilst I'm here can you confirm I'm ok to be the nominated person and was told 'your registration is exactly as it should be' ......she then said yes and you are a committee member anyway (I'm not but just said 'ok thank you' and left it at that :-/ )

 

Oh please please let them make the same assumption for me!!!!!!!!

[Mouseketeer]

just submit it and see what happens, if you get the 'thanks' email, print/keep it as evidence that they didn't question your set up when you submitted it. let us know how it goes

[finleysmaid]

ok so now have a real problem. I registered as a director and was obout to tell ofsted that I would stay as nominated person....accountant has just rung and told me that as we are a charity this is not possible. .......ofsted needing a reply and now im stuck!!!!

[eyfs1966]

im not sure why you can't be a director just because you are a charity. Surely that is an issue of your constitution, not an accounting issue?

[eyfs1966]

out of interest finleysmaid, were you the exisiting NP? As I explained before Ofsted told me was ok to stay on as the NP as I was already the NP, but any changes to the NP after 1 Jan 2016 would need to be trustee......

 

And I've got my new certificate!

[lsp]

Ofsted wouldn't let me stay as nominated person as I am not on the committee. I emailed the name of an existing committee member, also a member of staff, and they changed their records, sent her a letter to confirm the change and our new certificate arrived last week. Only taken 4 months!

[eyfs1966]

it just makes no sense to me that Isp was told she couldn't stay on as NP as not a committee member, yet I, in the same position was told that I could!!!

[finleysmaid]

out of interest finleysmaid, were you the exisiting NP? As I explained before Ofsted told me was ok to stay on as the NP as I was already the NP, but any changes to the NP after 1 Jan 2016 would need to be trustee......

 

And I've got my new certificate!

yes eyfs and have been since 2011! no problem at ofsted inspection in october.....seems to be the new act that came in in january that has caused the problems.

[eyfs1966]

see below

Edited April 14, 2016 by eyfs1966

[eyfs1966]

yes eyfs and have been since 2011! no problem at ofsted inspection in october.....seems to be the new act that came in in january that has caused the problems.

hmmm, so same situation as me, except you put that you would become a director/trustee on your Ofsted form, and I submitted mine as no change?

Edited April 14, 2016 by eyfs1966

[Fredbear]

My understanding and you might clarify this Finleysmaid, is that as a charity registered group, but also with company status, it requires you to be a director now to be the NP. The problem with this under our current memorandum of articles is that directors can only stay on the board for six years maximum, so what happens then.

So I have chosen to stay off the board, and luckily this time we have a childcare professional able and more importantly willing to take on the NP role.

But in the future who knows.:(:(

 

I have asked Ofsted to clarify this on numerous occasions now, so I am flummoxed how some Managers have been able to remain as the NP.

Can you tell I'm fed up with the whole fiasco.

Edited April 14, 2016 by Fredbear

[lynned55]

Well I have been told twice on the phone and in writing that it MUST be a committee member as the NP. The fact that I Have been NP for at least 15 years is neither here or there. We now have a committee member ( I refuse to become one) as our NP. Actually we don't have one yet as they have sent back our form so many times it is now quite laughable- or would be if it wasn't me that keeps filling it in! After being told that I was no longer elegible to be NP I filled out the form with no NP ( oops obviously a Freudian slip on my part) then I filled it out with our new NP and it was sent back and I was told it didn't match their records. So I filled it out with me as NP and they came back and said no you can't be send us your new name and a covering email from your new NP to say she is taking over. Actually they rang to speak to me about it but as they then asked for som security details and were unable to give me a direct line to call them back on I refused to give them the details and they wouldn't then speak to me ( Duh! You called me!) very childish I know but I'm fed up with the this. So I sent new form with new NP and covering email from her. Then they came back and said the name is different can she send proof of her change of name. She complet d and EY2 around 18 moths ago and has since got married. So I've now had to send off copy off her passport and see if they accept that.

 

Unfortunately when she leaves us in two years time I will be doing it all over again. I'd really like to get hold of whoever thought this one up and let them know exactly how much work this has caused.

[finleysmaid]

My understanding and you might clarify this Finleysmaid, is that as a charity registered group, but also with company status, it requires you to be a director now to be the NP. The problem with this under our current memorandum of articles is that directors can only stay on the board for six years maximum, so what happens then.

 

according to our accountant....and he's gone away to try and sort this out! it's because I am a paid member of the company. You are right we are a charity and a company the two sets of rules for these appear to conflict.....my feeling is that OFSTED have not looked in to the whole range of issue that this might cause. Schools are governed in a different way but I suspect this might affect some of the academies too..Waiting for an email in the next couple of days have just fired one off to ofsted saying we are dealing with it!

[Guest]

You must appoint a ‘nominated person’ to make the application, eg a committee member, partner, director or someone in a comparable position.

 

If the nominated person doesn’t manage the childcare themselves then you must employ a manager before you can be registered.

 

Surely if you are a director and the manager the above would apply to you?

[Mouseketeer]

I bet even they wish they hadn't opened this can of worms, I'm still keeping my head down and letting them think I'm a committee member, lord knows where they got that notion from .....and I can't exactly ask :-/

[FSFRebecca]

I received a letter last week telling me that Ofsted were 'pleased to inform me' that they thought I would be suitable to work with children. So that's good then - only been doing this 25 years

[lynned55]

I bet even they wish they hadn't opened this can of worms, I'm still keeping my head down and letting them think I'm a committee member, lord knows where they got that notion from .....and I can't exactly ask :-/

 

Funny you should say this.............. when we had our Ofsted inspection in Dec, the inspector said to me "apart from yourself, who else is on your committee" So I told her who but just didn't bother to say that I wasn't. I did wonder where she had got that info from as well

[NickyR]

Does anyone know if Nominated Individual is replacing the Nominated Person. I've had an email from Ofsted titled 'Dear Nominated Person' and then went on to say that I couldn't be the 'Nominated Individual'. I'm slightly perplexed!!!!!! ;-)

 

Also, as the manager of the Nursery, I can no longer be the 'Nominated whatever', does that mean that Ofsted won't talk to me if I rang with a query? I know how fickle they can be!! :lol:

 

Thanks in advance :-)

[finleysmaid]

ok for anyone that this helps!!! I am nominated person/manager of a limited company and registered charity. I have now had confirmation that I can become the company secretary which is an officers position but is NOT a trustee position (please don't confuse this with secretary for a committee it's not the same thing!)

The only other way my accountant could work out to do it was to declare my salary on all the paperwork which I wasn't too worried about but involved additional paperwork (and costs) so we tried to avoid that problem!

[Cait]

Ok, I've just read through all this and it's still as clear as mud! Can anyone 'lay the worms out straight' for me. Am I, as new Chair, to complete an, EY2, get a new Government Gateway token, and will I be nominated person or registered person? Sigh

[lsp]

Are you already a committee member and registered with ofsted as such? If yes, I believe that the current nominated person has to contact Ofsted, email is best, to inform that you will be taking over the role of nominated person and chair. If not, I believe that you will have to go the whole government gateway, dbs and ey2 route before becoming nominated person. 'The Committee' is the registered 'person'.

 

We are just starting this with new committee member / chair so we can swap notes on how it goes! Oh yes, if your setting is a registered charity, you have to make sure you update their records so that committee members lists match.

Edited August 21, 2016 by lsp

[Cait]

Thanks for that. I doubt that the previous chair has informed Ofsted of committee members since April so I'll assume they know nothing and do the full route. Sigh

[lsp]

The nominated person can phone ofsted to ask for the details they currently have for committee members. That's always interesting.

[MegaMum]

It is an absolute nightmare, you get different answers everytime you deal with them! A soul distroying task, I'm afraid.

[Mouseketeer]

once you log into your gateway account you can look up the list of who they have connected to your setting, I think the links is called 'self service' on same list as SEF.

[Guest]

ok for anyone that this helps!!! I am nominated person/manager of a limited company and registered charity. I have now had confirmation that I can become the company secretary which is an officers position but is NOT a trustee position (please don't confuse this with secretary for a committee it's not the same thing!)

The only other way my accountant could work out to do it was to declare my salary on all the paperwork which I wasn't too worried about but involved additional paperwork (and costs) so we tried to avoid that problem!

I am the Supervisor/manager of a Limited Company Pre-School and we are a registered charity.Because of the Nominated Person changes I was voted on to the Parent Committee and to be a Director, as a consequence I have found out we need to change our

" Memorandum & Articles of Association" . Did you have to do this ? & can we just change it & resubmit it to Companies house??

I am trying to get my head round this and am getting nowhere!!

[finleysmaid]

I am the Supervisor/manager of a Limited Company Pre-School and we are a registered charity.Because of the Nominated Person changes I was voted on to the Parent Committee and to be a Director, as a consequence I have found out we need to change our

" Memorandum & Articles of Association" . Did you have to do this ? & can we just change it & resubmit it to Companies house??

I am trying to get my head round this and am getting nowhere!!

from my knowledge if you become a director you must declare your salary publicly (on the CC website) ...this can cause other complications which was why we didn't go that way and went down the company secretary route instead. I was advised therefore not to become a director and have therefore not changed the articles. If I had needed to do so I think I would have asked our accountant to do this as I suspect it has other ramifications....not sure that's a very helpful answer sorry

[loobylou]

I devised this for new committee members as it was all becoming a bit of a nightmare!!

New Committee Members (Autosaved).docx