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Written question asked by Tim Loughton (Conservative) on Tuesday, 12 July 2005, in the House of Commons. It was due for an answer on Monday, 18 July 2005. It was answered by Baroness Hughes of Stretford (Labour) on Monday, 12 September 2005 on behalf of the Office for Standards in Education.


Child Minders

Question
To ask the Secretary of State for Education and Skills (1) how many complaints against child minders investigated by Ofsted have subsequently turned out to be vexatious in each of the last five years;
Answer

[holding answer 18 July 2005]: These are matters for the Office of Standards in Education (Ofsted). David Bell, Her Majesty's Chief Inspector for Schools will write to the hon. Gentleman and a copy of his reply will be placed in the Library.Letter from David Bell to Mr. Tim Loughton, dated 22 July 2005:"Your recent parliamentary questions concerning childminders have been passed to me, as Her Majesty's Chief Inspector, for reply.""You asked:""(i) how many complaints against childminders investigated by Ofsted have subsequently turned out to be vexatious in each of the last five years.""(ii) how many investigations against childminders have been undertaken by Ofsted in each of the last five years; and how many resulted in action.""In relation to the first question, Ofsted does not record the number of vexatious complaints made against childminders. Ofsted's role is to help to secure better education and care through effective inspection and regulation. Ofsted looks into complaints which suggest that childminders and day care providers are not meeting the government's National Standards.""Ofsted's first concern is with the welfare of the children in the provider's care. When Ofsted has investigated a complaint it records the outcome of the investigation. This could be the action the provider or Ofsted had to take to bring about compliance with the Standards or that Ofsted found the provider to be meeting the National Standards. Ofsted reports either outcome to parents and in its regular inspection reports. It does not record or report whether a complaint was vexatious. It may be, of course, that even if a complaint was vexatious it could still lead Ofsted to identify some areas for improvement in the childminder's practice and so have a positive impact on the children concerned.""However, Ofsted does recognise that providers will have concerns about having a number of complaints recorded against their names, even if Ofsted on inspection found that National Standards were being met. For that reason, where it appears that a number of complaints could have been made by the same source and they all resulted in a finding that the Standards were being met, they are not reported on in inspection reports individually.""Ofsted recognises the concern childminders may feel about this issue and is looking at its practice to see if it can handle complaints in a more transparent and effective way. The government has just consulted on a new duty to be placed on providers to investigate and report on complaints. It may be that Ofsted will be able to change its complaints procedures and recording in the light of this. It will work with provider organisations to make sure it does this as well as it can.""In relation to your second question, please find attached two tables with this information.""A copy of this reply has been sent to the Rt Hon Beverley Hughes MP and will be placed in the library of both Houses."

Investigations against child minders undertaken by Ofsted and the number of resulting actions(21)
Financial year Number of investigations againstchild minders Number of resulting actions againstchild minders
April 2004 to March 2005 2,448 456
April 2003 to March 2004 2,550 398
Transitional period Number of complaints received by Ofsted about child care provision Number of resulting enforcement actions against child minders and providers of day care
September 2001 toMarch 2003 10,500 410
Note: Data recorded during the transitional period does not always differentiate between day care and child minding. We have provided child minder data where this is available.
(21) The law gives Ofsted a number of actions that it can follow in the event of a provider failing to meet their statutory obligations, including compliance notices, prosecution for some offences and cancellation of a registration. Ofsted can also impose specific conditions on a registration or suspend a registration whilst steps are taken to reduce or eliminate the risk of harm to children.
(22) Ofsted's Early Years Directorate counts, records and publishes data by financial year, 1 April to 31 March, and not by calendar year.
(23) The duty to regulate and inspect under 8s child care transferred from the local authorities to Ofsted on 1 September 2001. The first 18 months of Ofsted's regulatory activity, between 1 September 2001 and March 2003, was considered a transitional period. During the transition period Ofsted's focused on ensuring existing child care providers were able to make the transition from local authority requirements to the governments new minimum criteria for all under 8s child care set out in ““National standards for under 8s day care and childminding””.
(24) No breakdown between day care and child minding for the period (see following note).
Breakdown of enforcement action
All figures are for child minding unless otherwise stated September 2001 to March 2003 April 2003 to March 2004 April 2004 to March 2005
Notice of compliance instructing providers they must comply with the National Standards 40(Child minders 17) 130 130
Change to conditions of registration 68 17 14
Voluntary suspension of registration 106 77 95
Statutory suspension of registration n/a 29 27
Cancellation of registration 45 36 81
Emergency order from a Justice of the Peace 27 2 4
Prosecution Confirming data 3 1
Enforcement action against unregistered child minding 124 104 104
Total number of resulting actions against child minders 398 456
(25) The duty to regulate and inspect under 8s child care transferred from the local authorities to Ofsted on 1 September 2001. The first 18 months of Ofsted's regulatory activity, between 1 September 2001 and March 2003, was considered a transitional period. During the transition period Ofsted's focused on ensuring existing child care providers were able to make the transition from local authority requirements to the governments new minimum criteria for all under 8s child care set out in ““National standards for under 8s day care and childminding””.
(26) Ofsted's Early Years Directorate counts, records and publishes data by financial year, 1 April to 31 March, and not by calendar year.
(27) Total for child minding and day care (see note 1).
(28) Statutory powers to suspend providers came into force 1 April 2003.

Secondary information

Type
Written question
Reference
12830; 436 c2330-2W;436 c2331-4W
Session
2005-06
Related items
Deposited Paper HINF 2005/1378
Friday, 22 July 2005
Deposited papers
House of Commons
Subjects
Complaints Childminding