Publication of outcome summaries
We publish these summaries when we or the setting need to take action to ensure they are meeting the requirements for registration.
Applies to England
Introduction
We publish an outcome summary when we have looked into a concern or a notification about a provider on the Early Years Register. It details the steps we or the provider have taken to make sure their setting complies with the requirements for registration. We publish outcome summaries on our website on the same page as the provider’s reports.
Principles for publishing an outcome summary
When we look into a concern or notification and we or the provider take action to meet the requirements, we will publish an outcome summary.
When we take additional enforcement action, either on the same issue or on an additional issue, we will update the existing outcome summary; for example if we move from serving a welfare requirements notice to cancelling the registration. Publications are updated daily by our system.
If a child dies at a setting, this is a difficult time for all involved. When this happens, we will refer to the death in the outcome summary if the action that we or the provider took relates to the child’s death, and the parents do not object to it being included. If it will be included in the outcome summary, we will make providers aware of this. We do not publish details of historical deaths at the setting.
When we take enforcement action that is subject to objection and/or appeal, we will still publish an outcome summary. We will make it clear that the provider has the right to challenge our decision.
When a case relates solely to the suitability of a registered person and the registered person is responsible for more than one setting, for example a chain of nurseries, we will open a regulatory case for each setting registered to that provider. This allows us to publish an outcome summary for each registered setting.
We will not publish an outcome summary when:
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we carry out an inspection (including a priority inspection), a reinspection or an inspection at the end of other regulatory action
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the provider is only on the Childcare Register – in that case, any actions needed will be included in the inspection outcome letter
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we suspend a provider’s registration but do not take any other enforcement action
We may suspend a registration when we reasonably believe that the continued provision of childcare may expose children to a risk of harm. The purpose of suspension is to allow time for enquiries to be made and/or steps to be taken to eliminate or reduce any risk of harm. However, an outcome summary may include details of a suspension if we have also taken other enforcement action.
When we inspect a provider, the inspection report will cover any breaches of requirements that we find, and details of any action taken. We will write and publish an outcome summary following any type of regulatory visit, including telephone regulatory work, if we or the provider have taken action to meet the requirements. This includes regulatory visits to follow up on concerns or notifications from providers.
Our early years and childcare enforcement policy provides more information about the action we can take against providers breaching requirements of the Early Years Register.
Complaints about the publication of outcome summaries
If a provider makes a complaint or raises a concern about the publication of an outcome summary, or the details included in the outcome summary, we will follow our normal complaints procedure. In these cases, we will not delay publication of the outcome summary, even if some action is still in progress. This is because we think that it is important for parents and carers to have up-to-date information. If the outcome of our work changes once we have completed it, we will publish an amended outcome summary. Published outcome summaries remain on our website for 5 years.
Decisions that are subject to review
Sometimes, enforcement action we take may change because of a decision made by the Health, Education and Social Care Chamber First-tier Tribunal (the Tribunal) following an appeal, or by a court following a prosecution. If this is the case, once the Tribunal or court has made its decision, we will update the outcome summary and republish it.
Objections and appeals
If a provider raises an objection to our enforcement action or appeals against it to the Tribunal, the outcome summary will still include the action we are taking. However, it will also state that the provider has objected to our decision or has appealed to the Tribunal.
Content of the outcome summary
The outcome summary will include a link to the legal requirements that a provider must meet, and will state the date we received the concern or notification. The outcome summary will also include brief details about the action that we or the provider needed to take as a result of the concern.
Referencing different types of actions
Welfare requirements notice
If we have served a welfare requirements notice, we will refer to it in the outcome summary.
Cancellation
If we are taking steps to cancel the registration, the summary will refer to this. It will also include a statement explaining the provider’s right to object to our action or appeal to the Tribunal against our decision.
Once we know the outcome of the objection or the Tribunal’s decision on the appeal, we will update the information.
Prosecution
If we decide to prosecute a provider for an offence, the initial outcome summary information will not refer to this. However, the summary will refer to any other action we are taking, such as serving a welfare requirements notice.
If the prosecution is successful, we will update the information to include the details.
If the provider is found not guilty, the summary will not refer to the prosecution. However, it will include any other action that we took as a result of our inspection. For more information about prosecution and offences, please see our enforcement policy.
Ofsted cautions/warning letters
If we decide to offer an Ofsted caution rather than prosecute for an offence admitted by the provider, and the provider accepts the Ofsted caution, we will refer to this in the outcome summary.
Suspension
When we take enforcement action and also take steps to suspend a provider’s registration, we will refer to this in the outcome summary.
Once we lift the suspension, we will update the outcome summary to reflect this.
You can find outcome summaries published on the Ofsted reports website.
Updates to this page
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Updated page title and content to remove references to the internal processes involved in generating an outcome summary.
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Updated guidance on what information we publish in an outcome summary.
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Updated wording around cautions to align with enforcement policy, including making wording gender neutral.
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Removed details of our ‘consider at next inspection’ (CANI) work. While routine inspections were suspended, we carried out additional regulatory CANI work as we did not know when a provider’s next inspection would be. As part of this additional regulatory work, we only published outcome summaries where we raised actions for the provider to take.
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‘Principles for publishing an outcome summary’ section updated to reflect that, as part of our focused additional regulatory ‘consider at next inspection’ (CANI) work during COVID-19, we will publish outcome summaries in cases where we raise actions for the provider to take to meet requirements.
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First published.