Supplementary guidance for inspecting safeguarding in non-maintained settings

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Guidance for inspectors

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Pre-inspection evidence

Guidance for inspectors in judging the effectiveness of safeguarding

Pre-inspection evidence

Inspectors will use a wide range of evidence.  Before the inspection, in relation to safeguarding and promoting welfare, both Estyn and CIW inspectors will consider:

  • discussions with the local authority advisory teacher 
  • the local authority report on the setting
  • the previous inspection report
  • the setting’s policies for safeguarding and promoting welfare, including the child protection policy
  • responses to the parents’ questionnaires, especially the questions about encouragement for children to be healthy and take exercise, being safe and receiving the additional support for any particular needs
  • written information from parents or other partners
  • any complaints or concerns from either inspectorate 

Inspectors should take particular account of the setting’s context, including information on:

  • the number of children on the child protection register
  • the number of refugees or asylum seekers
  • the number of looked after children
  • exclusions of children

Where pre-inspection evidence identifies possible safeguarding issues or poor management practice by the provider, inspectors should seek guidance from their sector AD and a safeguarding officer from the safeguarding lead officer team.  Where an issue is considered reportable, Estyn’s safeguarding policy must be applied.

Inspection activity

When inspecting settings in relation to safeguarding, inspectors will need to refer to Annex E of the ‘Guidance handbook for inspecting care and education in regulated non-school settings eligible for funding for part-time education’.

Reporting on safeguarding

Inspectors will report on whether the setting’s arrangements for safeguarding children meet requirements

Inspectors should refer to the ‘Guidance handbook for inspecting care and education in regulated non-school settings eligible for funding for part-time education’ when making a judgement about how well practitioners implement the setting’s policies and procedures for safeguarding in Theme 3.

Annex E in the document provides detailed information on all aspects of safeguarding which inspectors must consider when making a judgement.  Inspectors must include a comment on arrangements for safeguarding.  Normally: ‘The setting’s arrangements for safeguarding children meet requirements and are not a cause for concern’ OR ‘The setting’s arrangements for safeguarding children do not meet requirements and give cause for concern.’  If any safeguarding arrangements give cause for concern, inspectors must not use the former sentence in their report but must state that they do not meet requirements.  Inspectors should only report in detail on any shortcomings in safeguarding arrangements if it does not impact on the safety of the staff and children at the setting. 

Inspectors also need to evaluate how well leaders and managers follow safeguarding policies and procedures when inspecting Theme 6, for example when considering how well they follow safe, robust and timely processes.  However, inspectors must also include any concerns or failure to meet safeguarding requirements when making a judgement for safeguarding in Theme 3.  

In these cases, the report must contain a recommendation that the setting address the safeguarding / wellbeing issues identified during the inspection.  The CIW inspector will also judge whether or not there are issues of non-compliance (including safeguarding).  In such cases, CIW’s Securing Improvement and Enforcement Policy must be followed.  Estyn no longer issues a ‘well-being letter’ to non-maintained nursery settings who do not meet the necessary safeguarding requirements. If there has been a technical or isolated failure that has not been remedied to the satisfaction of the inspector during the course of the inspection, then the inspector will include this under the non-compliance section in the InputJF.  

Where matters are minor and easily remedied, and are not considered significant, there is no need for a comment and/or a recommendation in the final inspection report.However, it should be recorded in the inspection JF, and given as feedback to the leader and registered person / responsible person as soon as possible.

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