Sector outraged by new ‘insensitive’ Ofsted guidance on reporting employees’ ‘emotional issues’

Early years organisations, nursery owners and childminders are together calling for the inspectorate to review the guidance immediately.

The guidance has been published without any rationale to explain why it is needed and without any consultation with the sector.

Published yesterday, ‘Childcare: reporting significant events and changes to health’, says that registered early years providers must ‘report any significant events that might affect you, or another person’s suitability to look after or be in regular contact with children. This includes certain changes to your health.’ Failure to do so could mean providers commit an offence, it states.

It says the guidance might include, 'childminder assistants, members of a business partnership, directors of a limited company, committee members, managers of a childcare provision and regular visitors.'

There was an immediate backlash on social media with nurseries and childminders saying it was unworkable, an intrusion of privacy, and that it could mean sharing confidential information, which could potentially be discriminatory.

Ofsted gives examples of 'notifiable changes to health' (full list below), which include: 

• Any condition that causes severe pain.
• Changes to mental health including depression, stress-related or emotional issues, or any other condition that causes anxiety, panic attacks, mood swings or anger.
• Any heart problems.
• Diabetes.

It also states that providers must report ‘events’ experienced by staff that ‘trigger increased anxiety, hardship or emotional problems (this might include bereavement, illness or injury).’

'Rethink the flawed guidance'

The Early Years Alliance called the guidance ‘ill-judged’ and ‘intrusive’ and urged Ofsted to ‘rethink its flawed guidance as a matter of urgency’.

The National Day Nurseries Association (NDNA) said it has requested an ‘urgent’ meeting with the inspectorate about the guidance that ‘could have a huge impact on staff who are already working flat-out in demanding jobs to care for and nurture young children.’

Writing on Twitter, June O’Sullivan, chief executive of nursery group LEYF, urged Ofsted to discuss the ‘misjudged’ guidance.

@eton_preschool tweeted, ‘Are they going to suggest I sack a member of staff who has depression or cancer? Or has just lost a parent? There is no way this is enforceable as an employer.’

'Childminders were looking for supportive advice, not this poorly-considered list'

Sarah Neville-Graven of Knutsford Childminding told Nursery World, ‘Childminders and Ofsted registered nannies have been asking for more clarification about what they need to report to Ofsted for some years.

'There are many occasions when something has come up during inspection that they weren’t aware needed reporting to the regulator and the disclosure has led to action being taken against them. 

‘At a time when the sector is in crisis, childminders and Ofsted registered nannies were looking for supportive advice, not this poorly-considered list.

‘One childminder commented that the list alone would be enough to cause events “that trigger increased anxiety ... or emotional problems” which are now reportable under the new guidance. Childminders are asking about the legal basis Ofsted are using for some of the guidance and whether the intrusive nature of the scenarios has been reflected on before it was published.’

On Twitter, Nursery World trainer of the year Ruth Swailes said, 'It will affect anyone who provides childcare. Ofsted seems to be requiring volunteers and staff to share confidential medical and financial information with them. It looks unworkable and discriminatory to me.'

Aaron Bradbury Coffey said, 'There is no obligation for a worker to give medical info. In practice, many workers will out of courtesy and to fully explain any absences. If they do so, they have a right to expect that the employer will not share with anyone. Cough "Ofsted".'

'This smacks of Government guidance taken to the extreme'

Purnima Tanuku, chief executive of the NDNA, said, ‘This announcement smacks of Government guidance taken to the extreme. Early years settings and their teams will be rightly very concerned about the potential scope and intrusive nature of this reporting requirement.

‘Throughout the pandemic, nurseries and their teams have worked to give children a vital sense of normality while keeping them as safe as possible. This unclear and potentially wide-ranging reporting requirement would not be a helpful or constructive approach. It can be seen as intrusive and is likely to put more pressure on an already stressed workforce.

‘When nurseries are recruiting, they ensure that people working with children are suitable and fit to practice and this is dealt with by responsible employers on a daily basis. However, this process, brought in without consultation, risks being unworkable for both providers and Ofsted. 

‘We are seeking urgent clarification from Ofsted and a withdrawal of this document until it can be properly reviewed and consulted on with the sector.’

Neil Leitch, chief executive of the Early Years Alliance, added, ‘While the requirement to inform Ofsted about significant health changes that might impact a person’s suitability to look after children is not new, the scope – and potential intrusiveness – of this new guidance, which details the kinds of health conditions that might fall into this category, is extremely concerning. 

‘Looking at the list, it's hard to imagine that there are many working in the sector that wouldn't affected by this guidance. We at the Alliance have previously worked with Ofsted, alongside the Department for Education, to look at what could be done to reduce workload pressures on the sector. And yet, this guidance seems to fly in the face of that extensive piece of work, and Ofsted’s own concerns over provider “over-reporting”. 

‘Ultimately, those working in the sector should be trusted to use their professional judgement to determine whether or not an individual’s health condition, whether mental or physical, is likely to impact their ability to care for children at a provision. We urge Ofsted to rethink this flawed and ill-judged guidance as a matter of urgency.’

Nursery World has asked Ofsted why they have issued the guidance and why they did not consult the sector.

Ofsted's guidance gives examples of 'notifiable changes to health' and lists the following:

'Changes to health that might affect your suitability include:

• any condition that affects your physical ability to walk, balance, bend, kneel or lift a child
• any condition that might make you become confused or disorientated
• any condition that affects your hearing in any way (after correction with a hearing device)
• any condition that affects your eyesight in any way (after any lens correction)
• changes to mental health including depression, stress-related or emotional issues, or any other condition that causes anxiety, panic attacks, mood swings or anger
• any condition that causes severe pain
• any condition that causes excessive drowsiness
• epilepsy or any other condition that causes blackouts, fits or fainting
• any heart problems
• diabetes
• diagnosis of attention deficit hyperactivity disorder (ADHD) or autism spectrum disorder (ASD)
• if you suffer from severe symptoms of asthma or any other breathing difficulties
• any alcohol or substance dependency or misuse
• any significant infectious diseases such as tuberculosis or hepatitis, which may pose a risk if not treated
• if you have been prescribed medication that may affect your suitability to care for children, or a change to the dosage of any prescribed medication (include the type and dosage)
• any other medical problems or degenerative conditions that may affect your suitability to care for children
• hospital admissions or outpatient treatments that may affect your suitability to care for children
• any restrictions put on your driving licence or any difficulties getting insurance because of health problems
• whether you are receiving financial support due to a new illness or health condition. This might include:
  • Employment and Support Allowance (ESA)
  • Universal Credit with illness or disability elements such as Work allowance
  • Incapacity Benefit
  • Income Support, paid because of illness or disability
  • Personal Independence Payment (please tell us whether you receive the standard or enhanced rate)
  • legacy illness or disability-related benefits that you have not already told us about such as Income Support, paid because of illness or disability, Severe Disablement Allowance or Incapacity Benefit'

• The Ofsted guidance is available in full here