The owner of a Yorkshire setting had been given notice to improve by Ofsted because she did not notify child protection agencies when a child fell and cut her lip.
The dispute between Ofsted and Granby House Nurseries, which has four settings in Rotherham and Worksop, has prompted the inspectorate to publish new guidance for nurseries on what should be regarded as a serious accident.
The guidance is expected to be sent to providers in the autumn. The notice to improve has been removed from the nursery's Ofsted report.
The child, who fell while walking inside the Wickersley nursery, Rotherham, went to hospital for the cut to her lip, which required stitches. The incident was reported to Ofsted, but while an inspector concluded that the accident could not have been avoided, she said that the nursery should have informed child protection agencies, as it is an EYFS requirement to report serious accidents or injuries to children in its care.
Jo Gray (pictured), owner of Granby House, said that the EYFS guidance does not define what a serious accident or injury is.
Ms Gray complained to Ofsted after speaking to Rotherham Safeguarding Unit, which advised her it was not general practice to contact it in such situations. In a letter dated 25 August, Ofsted notified Ms Gray her complaint had been upheld.
The letter said, 'Arrangements have been put in place to devise a factsheet for staff and providers on what is a serious accident, and for any where referrals are to be made to child protection agencies.'
It added, 'There is no clear guidance or clear definition in the EYFS of what is a serious accident or when they should be referred to child protection agencies. There was no reference to possible child protection concerns in the regulatory inspector's report and she did not discuss this with you. Therefore, this aspect of your concern is upheld and the outcome summary report is to be updated to reflect that no further action is required and there was no breach in the EYFS Welfare requirements.'
Ms Gray said, 'I hope that, following my complaint, there will be detailed guidance issued as to what constitutes a serious accident to ensure providers don't go through the same ordeal we have. Now we have had this notice to improve removed, we can carry on doing what we do best: providing quality care for all our children.'
