Services for children should be regulated, regularly inspected and maintained to the highest possible standards. Let's agree that this must be undertaken by an independent body. Now let's look at what happens on the ground and try to peaceably resolve some common areas of conflict with the Office for Standards in Education (Ofsted).
WHAT IS OFSTED?
Ofsted describes itself as a non-ministerial Government department responsible for the inspection of schools, local education authorities, 16-19 education, teacher training institutions and the regulation of childcare in England. Its main aims are to improve the quality and standards of education and childcare through independent inspection and regulation, and to provide advice to the Secretary of State for Education and Skills.
Prior to September 2001, inspectors of childcare settings sat in social services departments. Boroughs set their own standards based on their interpretation of the Children Act. This was riddled with anomalies; for instance, three neighbouring boroughs required staff:child ratios of 1:12, 1:8 and 1:5 respectively. Not surprisingly, affordable childcare provision was rare in the latter.
The inspectors were part of a local resource network, understood childcare and gave good advice, praise and encouragement as well as reporting honestly. Fortunately, many of these inspectors moved over to Ofsted but many others came from the education system and elsewhere.
In the first 19 months under Ofsted management there were 8,000 out-of-school providers. Ofsted also had responsibility for another 91,300 childcare settings, 68,200 childminders, 9,700 full daycare, 11,700 sessional care and 1,900 creches. Inspections for after-school clubs were arranged and standards applied in ways that ignored the out-of-school timetables and constraints on premises. Inspectors stuck closely to their lists and clubs were sometimes penalised for being in premises that were deemed suitable for the education of children but not for the care of them.
Common to inspectors and the inspected was the inability to cope with the extraordinarily overbearing bureaucracy of the inspection system and to get to grips with a new language. Fifty-nine per cent of all inspections in childcare resulted in conditions or an action required and in out-of-school settings the highest number of conditions and actions (4,500) was recorded under standard 2, namely issues such as the keeping of records, the ratio of staff to children, qualifications and training.
USEFUL TIPS
New playwork staff have to complete 19 pages of information before starting work. For some, including a CRB check for Ofsted, it is impossible to know whether a check has been conducted, although Ofsted says it will inform if there are any problems. Wise employers will run a separate check and keep copies of everything sent to Ofsted.
Standard 2.4 says, 'All supervisors should normally hold a level 3 qualification.' Use your common sense - as long as your person in charge holds an appropriate alternative qualification at level 3, they should be entitled to perform the managerial role. For example, sports qualifications, health and social care and teacher training all provide what is needed (see box). There is no guidance on qualifications gained overseas, but a teaching certificate coupled with a comprehensive skills test is obviously satisfactory.
No qualifications are required to work as a lunchtime supervisor in a school and ratios during lunchtime play are frequently 1:50 or worse. In wet weather, children can be left unattended in their classrooms while the area is patrolled by supervisors. Don't be bullied over ratios and don't panic if you have to sack someone - better a temporary vacancy than an unsuitable worker.
Official staff:child ratios only apply to staff working directly with children under eight and include volunteers and tutors. There is no reason to send three members of staff to run a game of football with 24 nine- to 11-year-olds - better to put extra staff in the cookery activity.
Ofsted requires evidence when a CRB check has been made but the CRB code of practice requires that the information should be destroyed within six months. Retain any acknowledgement letter giving the individual's name and keep a note of the CRB check number. Highlight to your inspector that your policy is that adults should not be alone with children at any time, regardless of a CRB result.
THE INSPECTION
The Ofsted inspectors' code of conduct says that inspectors must:
* Evaluate provision objectively against standards
* Report honestly and fairly, ensuring that judgements accurately and reliably reflect what the provider achieves and does
* Carry out work with integrity, treating all those they meet with courtesy and sensitivity
* Do all they can to minimise stress and bureaucracy
* Act with the best interests and the well-being of children and adults as priorities
* Maintain a purposeful dialogue with adults, and communicate all judgements of their provision and work, clearly, frankly and sensitively
* Respect the confidentiality of information they receive but state that any concerns about child protection matters are reported to the appropriate agency.
It is a good idea to ask about the inspector's qualifications for the job and their background. It really helps to know this. Use examples of your procedures in practice to illustrate your competence. Co-operate in everything possible and challenge anything unreasonable.
Although Ofsted can visit services with little or no notice, administrative failures can mean that an inspector may believe you have been informed even if you have not. If a short-notice or no-notice visit requires your immediate attention, you cannot reasonably be expected to abandon your normal duties to do this. Explain the routine of the day and when you expect to become safely available and if that is insufficient, ask the inspector to manage without you or make an appointment.
Some recommendations are subjective and can be challenged. For example, one inspector required a project to have an HIV policy. The Health and Safety policy gave a clear statement about HIV and the Equal Opportunities policy promoted equality of treatment. The provider successfully challenged the requirement on the grounds that infectious diseases generally required the same approach and it was not necessary to have a separate policy for HIV.
AFTER THE INSPECTION
Ofsted's inspections moved from a maximum of every two to every three years from April 2005 and new grading levels of 'outstanding', 'good', 'satisfactory' and 'inadequate' are being introduced - under the old system, the best that services could hope for was 'good'. Although you cannot presently request a new Ofsted inspection, you can write to the area manager asking for your service to be considered again in order to achieve a better grade.
After inspection, a draft report is sent for your response. The commonly held expectation is that Ofsted will amend the report accordingly, but the reality is that the report is published on Ofsted's website as being 'at the time of inspection'. Any blips on your Ofsted inspection report could haunt you for a long time and prejudice potential users, so it is important to check the website and chase up any remaining errors.
COMMUNICATION
Ofsted inspectors work from home, in isolation from their colleagues and their administration services. This means they cannot be contacted directly. All communication must go through a central mail service and a national phone service, and these systems have proved unreliable.
At a recent meeting of child practitioners, every person expressed frustration with the communications into and out of Ofsted. One finance officer received bills for services that had closed down more than 18 months earlier, another co-ordinator submitted three batches of documentation, with references, by recorded delivery but is still told that they have not been received.
At one recent Trojans inspection the inspector held a list of staff registered at a different branch (none of that branch's staff were on it) but the reference number was correct. She also had old trustees' details.
These are by no means isolated incidents and it helps to know that we are all experiencing the same problems.
Childcare services must operate within the laws that are rightfully there and Ofsted must see that it gains the respect of the childcare community by applying its own standards to its own paperwork, and does not, by its ineptitude, allow sub-standard services to hide in the confusion.
Jackie Nunns is a founding member and director of the Trojans scheme, a charity running out-of-school services in south London
FURTHER INFORMATION
* DfES guidance on suitable qualifications: www.dfes.gov.uk/childrenswfqualifications/guidance_for/dsp_ofsted.cfm
* Criminal Record Bureau Code of Practice: www.crb.gov.uk/downloads/code_of_practice_and_explanatory_guide.pdf
* Ofsted publications including inspection guidance: www.ofsted.gov.uk
* Ofsted Helpline: 0845 601 4771
* Ofsted Complaints line: 0845 601 4772
