The Childcare (Childminder Agencies) (Cancellation etc.) Regulations 2014

PART 2 Cancellation, Termination and Suspension of Registration with a Childminder Agency

Cancellation of registration

3.—(1) A childminder agency may cancel the registration of a provider registered with it for the purposes of Chapter 2, 3 or 4 of Part 3 of the Act and must do so if it appears to the agency that the provider has become disqualified from registration by regulations under section 75 of the Act.

(2) In the case of a provider registered under Chapter 4 of Part 3 of the Act, the childminder agency must cancel that provider’s registration where the provider is no longer registered under Chapter 2 or 3.

Procedure for cancellation of registration

4.—(1) Where a childminder agency proposes to cancel a provider’s registration it must give the provider notice of its intention to do so (“a notice of intention”).

(2) A notice of intention must—

(a) be in writing;

(b) give reasons for the proposed cancellation; and

(c) specify a reasonable period within which the provider may make representations to the agency in respect of the proposed cancellation.

(3) The period specified pursuant to paragraph (2)(c) must be no less than 14 days beginning with the date on which the notice of intention is given.

(4) If the agency decides to proceed with cancellation of the provider’s registration, it must give the provider notice of its decision (“a decision notice”).

(5) A decision notice—

(a) must not be given before the end of the period specified under paragraph (2)(c); and

(b) must specify the date on which cancellation of registration will take effect.

(6) The date specified pursuant to paragraph (5)(b) must be no less than 28 days beginning with the date on which the decision notice is given.

Termination of registration by a provider

5.—(1) A provider (“P”) may give notice to a childminder agency that P wishes to terminate registration with that agency for the purposes of Chapter 2, 3 or 4 of Part 3 of the Act.

(2) If P gives notice under paragraph (1), the childminder agency must—

(a) remove P from the relevant register maintained by the agency; and

(b) provide P with written confirmation that P has been removed from the register.

(3) The childminder agency must not act under paragraph (2) if—

(a) it has given P notice of its intention to cancel P’s registration under that Chapter (in pursuance of regulation 4(1)); and

(b) has not, since giving that notice, taken the decision not to proceed with cancellation of P’s registration.

(4) Paragraph (3) does not apply in the case of termination of registration for the purposes of Chapter 4 of Part 3 of the Act.

Circumstances in which registration may be suspended

6.—(1) A childminder agency may suspend the registration of a provider registered with it for the purposes of Chapter 2, 3 or 4 of Part 3 of the Act in circumstances where the agency reasonably believes that the continued provision of childcare by that provider to any child may expose such a child to a risk of harm.

(2) In this Regulation, “harm” has the same meaning as in section 31(9) of the Children Act 1989(1).

Suspension of registration: further provisions

7.—(1) Where a childminder agency suspends a provider’s registration under regulation 6(1), it must give that provider a notice of suspension.

(2) The period for which a provider’s registration may be suspended is six weeks beginning with the date specified in the notice of suspension.

(3) Except in the circumstances outlined in paragraph (4), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the childminder agency’s power to suspend registration may only be exercised so as to give rise to a continuous period of suspension of 12 weeks.

(4) Where it is not reasonably practicable within a period of 12 weeks—

(a) to complete any investigation into the grounds for the childminder agency’s belief referred to in regulation 6(1), or

(b) for any necessary steps to be taken to eliminate or reduce the risk of harm referred to in regulation 6(1),

the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a), or until the steps referred to in sub-paragraph (b) have been taken.

Lifting of suspension

8.  If, at any time during a period of suspension under regulation 6(1), it appears to the childminder agency that the circumstances set out in that regulation no longer exist, the agency must lift the suspension.

Appeal against suspension

9.—(1) A provider whose registration has been suspended under regulation 6(1) may appeal to the First-tier Tribunal against the suspension.

(2) On an appeal under paragraph (1), the First-tier Tribunal must either—

(a) confirm the childminder agency’s decision to suspend registration, or

(b) direct that the suspension ceases to have effect.

(3) In a case where the suspension of a provider’s registration ends before the First-tier Tribunal determines the appeal in accordance with paragraph (2), the First-tier Tribunal must dismiss the appeal.

Effect of suspension

10.—(1) A provider who is registered under Chapter 2 of Part 3 of the Act may not provide early years provision in England at any time when that provider’s registration under that Chapter is suspended in accordance with regulation 6.

(2) A provider who is registered under Chapter 3 of Part 3 of the Act may not provide later years provision in England, for a child who has not attained the age of eight, at any time when that provider’s registration under that Chapter is suspended in accordance with regulation 6.

(3) Paragraphs (1) and (2) do not apply in relation to early or later years provision which the provider may provide without being registered under Chapter 2 or 3 of Part 3 of the Act.

Offences

11.—(1) A provider commits an offence if, without reasonable excuse, he contravenes regulation 10(1) or (2).

(2) A provider who is guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Notices

12.—(1) In this Part of these Regulations, where a notice is to be given to a person, it may be given to that person—

(a) by delivering it to the person,

(b) by sending it by post, or

(c) subject to paragraph (2), by transmitting it electronically.

(2) If the notice is transmitted electronically, it is to be treated as given only if the following requirements are met—

(a) the person to whom the notice is to be given must have indicated a willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and

(b) the notice must be sent to the address provided.

(1)

1989 c. 41; section 31(9) was amended by section 120 of the Adoption and Children Act 2002 (c. 38).