Termination and Withdrawal of Funding. 15.1 If a provider of free early years provision for two three and four year olds fails to meet the conditions which are set out within this provider agreement with regard to:
15.2 A failure by either Sunderland City Council and/or Together for Children to either:
15.3 Should a provider close at short notice and cease to operate Together for Children may require the repayment of the whole or part of the funding they have been paid in respect of free places. Should a provider plan to close, they must inform Together for Children and give a notice period of at least one full term in order to minimise disruption to children and families. (See Appendix 4)
15.4 If a provider receives a complaint with regard to safeguarding or an allegation against a member of staff, they must inform the Early Years Team in writing or by email within 1 working day of receiving the complaint (see Appendix 4). A risk assessment will be undertaken and a decision will be made with regard to whether funded children will be removed from the setting. If children are moved, any funding paid for free entitlement places will need to be repaid to Together for Children. Together for Children will send an invoice for the outstanding hours of care for the remainder of the term.
15.5 Suspension/withdrawal of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in the termination of the arrangement and withdrawal of funding. If a provider, offering free entitlement to early education places is suspended from the Early Years Register by Ofsted they must inform the Early Years Team by email within 1 working day (see appendix 4). In this circumstance the provider must provide the Early Years Team with full contact details for the parents of any children receiving a free entitlement place at their setting and work closely with the Early Years Team to find alternative placements for all funded children. Children will be allocated an alternative place to attend for their funded childcare while Ofsted complete their investigation. Any funding paid for free entitlement places will need to be repaid to Together for Children. Once any investigation is completed, the families of children will be informed and they will choose whether to return to the original provider or to remain with the new provider for the rest of the term and payments will be arranged with the preferred provider.
Termination and Withdrawal of Funding. 8.1 Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in the termination of the arrangement and withdrawal of funding.
8.2 Nottingham City Council may terminate this Agreement forthwith by giving written notice to the Provider in the event that funding is withdrawn.
8.3 The Provider may at any time terminate the Agreement by giving Nottingham City Council a minimum 90 days or a term’s notice (whichever is the greater) in writing, where the Provider chooses not to continue to offer free entitlement places.
8.4 Where notice is given by the Provider in accordance with clause 8.3, the Provider shall give a minimum 90 days notice to the parents of all eligible children in receipt of free entitlements at the Setting to enable them to make alternative arrangements.
8.5 Nottingham City Council may terminate this Agreement forthwith by written notice in the following circumstances: o Where the Provider or (as the case may be) any director or proprietor of it, changes its location or composition of staffing in a way which seriously affects the ability of the Provider to provide the free entitlement places (but maternity or paternity leave taken by staff of the Provider under statutory or contractual entitlements shall be disregarded for the purposes of this sub- clause); o Or has any director or proprietor (as the case may be) convicted of an offence involving dishonesty; o Or becomes bankrupt or makes a composition or arrangement with creditors or has a proposal for voluntary arrangement for a composition of debts or scheme or arrangement approved in accordance with the Insolvency Act 1986; o Or has an application made or notice of intention is given under the Insolvency Act 1986 to appoint an administrative receiver or administrator or an administrative receiver or administrator is appointed; o Or has a winding-up order made, or (except for the purposes of amalgamation or reconstruction) a resolution for voluntary winding-up passed; o Or has a provisional liquidator, receiver or manager appointed; or has possession taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the floating charge; o Or is in circumstances which entitle the Court or a creditor, to appoint, or have appointed, a receiver, a manager, an administrator or administrative receiver or which entitle the Court to make a winding-up order; o Or ceases to carry on the whole...
Termination and Withdrawal of Funding. 18.1 Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in the termination of the arrangement and withdrawal of funding.
18.2 The Agreement may be terminated in line with the Local Authority's duties required by regulation 7 (Termination of the arrangements) of the Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and regulation 37 (Arrangements between local authorities and early years providers: termination) of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016].
18.3 The Provider must have an active Ofsted registration status. Where the Provider's registration status becomes 'inactive' the Local Authority may withdraw Early Education funding from the date the Provider became 'inactive', unless the registration status returns to 'active' within 2 weeks.
18.4 Where the registration status reverts to 'active' within 2 weeks of the date specified in clause 18.3 the Provider must offer the equivalent Early Education funded hours that were lost due to the 'inactive' status, to all parents who were accessing a free place at the time the Provider became 'inactive, to enable them to access their full annual entitlement.
18.5 Where the Provider is given an Ofsted rating of 'requires improvement' the Provider must submit an Action Plan to the Local Authority within 6 weeks of the judgement being published. Where the Provider fails to submit an Action Plan by the required date or where the Provider fails to engage with the Local Authority on what action is being taken to improve, the Local Authority may provide 8 weeks written notice of its intention to withdraw Early Education Funding.
18.6 Where the Provider is given three consecutive inspection ratings of 'requires improvement' the Local Authority may provide written notice of its intention to withdraw Early Education Funding with effect from 8 weeks after the inspection publication date.
18.7 In the event that Ofsted publish an 'Inadequate' inspection judgement for the Provider, the Local Authority will withdraw funding from the Provider as soon as is practicable. The Local Authority will generally consider this to be 8 weeks after the date the inspection judgement is published, but reserves the right to reduce or extend this period, as the Local Authority in its absolute discretion, considers appropriate.
18.8 In such cases outlined in clause 18.7:
a. the Provider must infor...
Termination and Withdrawal of Funding. Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in the termination of the arrangement and withdrawal of funding.
Termination and Withdrawal of Funding. Section 15 does not apply to maintained schools as the funding arrangements between a local authority and a maintained school are governed by the Schools Standards & Framework Act 1998 and the finance regulations made under that Act.
15.1 Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in the termination of the arrangement and withdrawal of funding. This does not apply to maintained schools.
15.2 The local authority process for termination of funding is in accordance with regulation 7 (Termination of the arrangements) of the Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and regulation 37 (Arrangements between local authorities and early years providers: termination) of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016.
Termination and Withdrawal of Funding. 15.1 If a Provider wishes to withdraw from the Directory of Providers (the “Directory”) and delivery of the FE, they must notify CYC in writing as soon as possible. They must also inform by letter all parents or carers using their service, giving at least a terms / 3 months notice to enable parents or carers to make alternative arrangements.
15.2 Suspension of a Provider’s registration by Ofsted, safeguarding issues, or a breach of statutory requirements by the Provider may result in the termination of the arrangement and withdrawal of funding.
15.3 CYC also reserves the right, subject to the paragraphs below, to remove a Provider from its Directory for any other appropriate reason, including but not limited to:
a) failure to comply with the requirements of the Department for Education Statutory Guidance; b) an Inadequate or not met Ofsted judgement; c) fraud.
15.4 CYC may terminate this agreement and related arrangements with immediate effect in the event of any one or more of termination grounds contained within the below applying:
a) (a),(b),(c) or (d) of regulation 7 (Termination of the arrangements) of the Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014;
b) (a),(b),(c),(d) or (e) of regulation 37 (Arrangements between Local Authorities and early years Providers: termination) of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016
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Termination and Withdrawal of Funding. 17.1 The Council may terminate this Agreement forthwith and withdraw funding by serving notice in writing upon the Provider where:
(a) the Provider’s registration with Ofsted is suspended or terminated; or
(b) the Provider is in breach of any statutory requirement; or
(c) the Provider is in breach of any safeguarding requirement; or
(d) the Provider is no longer eligible to provide funded places as set out in the Provider Ofsted Grade Table.
17.2 Where the Council has undertaken an investigation in accordance with procedures outlined in clause 16 (Compliance) above and has identified that the Provider has not adhered to the provisions of this Agreement or complied with legislation and published statutory guidance, the Council may terminate this Agreement forthwith with immediate effect and withdraw funding.
17.3 The Council may terminate this Agreement forthwith and withdraw funding by serving notice in writing upon the Provider as required by regulation 7 (Termination of the arrangements) of the Council, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and regulation 37 (Arrangements between local authorities and early years providers: termination) of The 15 Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016. xxxxx://xxx.xxx.xx/government/uploads/system/uploads/attachment_data/file/ 298757/Section_7A_9A_regulations_-_PDF.pdf 15.4
17.4 The Council may terminate this Agreement and withdraw funding in accordance with the provisions of Supplementary Provision Clause 6 (Improvement Process).
17.5 The Council may terminate this Agreement and withdraw funding in reliance on any other right of termination provided for in the Agreement.
17.6 In the event that the Provider’s registration with Ofsted is suspended or terminated, the Council may require the Provider to repay any funding which may have been paid to them which relates to the period after the date the Provider’s registration with Ofsted was suspended or terminated. This may require the Provider to repay all of the funding paid to the Provider for the term in which Ofsted registration ceases.
17.7 The Provider may terminate this Agreement by serving written notice of at least 3 months (one term) upon the Council.
Termination and Withdrawal of Funding. 11.1 Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in removal from the directory and withdrawal of funding with immediate effect.
11.2 If a provider’s Ofsted registration is suspended or cancelled, the Local Authority may withhold further funding until such time as it receives formal notification from Ofsted that the matter has been resolved.
11.3 If the provider decides to appeal against Ofsted‘s decision to suspend registration and the appeal is successful, the provider may be re-admitted to the Directory pending consideration by the Early Years Lead and Primary Adviser.
11.4 Non-compliance with the terms and conditions in this agreement or any serious non-compliance discovered during the audit process, may result in the Local Authority deciding to withhold further funding from the provider and may also result in the Local Authority deciding to recover payment of the whole, or part of funding already paid to the provider and may result in the provider being removed from the Directory.
11.5 A provider may be removed from the Directory if they do not demonstrate that they are delivering sufficient quality early years care as determined by Ofsted inspections.
a) two consecutive outcomes that are a combination of ‘requires improvement’ or ‘inadequate’ b) requires improvement outcome and does not show progress against Ofsted’s judgements within one year c) does not engage in agreed improvement criteria based on Ofsted’s judgements from the Early Years Quality Improvement Group before their next Ofsted Inspection date.
Termination and Withdrawal of Funding. 15.1 Providers judged by Ofsted to Require Improvement will only be funded to provide free places for eligible two year olds should it be necessary to ensure sufficiency of early education and childcare places, but can provide places for three and four year olds. The Local Authority will review the Ofsted inspection report to ensure the provider meets the required quality standards for eligible two year olds. The Local Authority will take into account the continuity of care for children who are already receiving their funded entitlement.
15.2 Providers who are rated ‘Requires Improvement ‘ or ‘Inadequate’ will be invited to meet with local authority officers to determine their ability to make rapid improvement, prior to a decision being made to withdraw the settings eligibility to offer the free early education entitlement. If a decision to withdraw funding is made, this will be done as soon as is practicable and with regard to the impact of such action upon the children and families.
15.3 The Local Authority may continue to fund two, three and four year olds who have been claimed for prior to the Requires Improvement/Inadequate grade and will inform the provider by letter of funding arrangements after receiving notice of the inspection outcome.
15.4 The Early Years School Ready Improvement Team will support settings to improve quality and address issues raised by inspection. The provider is responsible for ensuring that parents are informed of the outcome of the inspection.
15.5 The Local Authority will accept evidence such as an Ofsted report which confirms the provider is no longer graded as Inadequate/Requires Improvement and funding will be reinstated on the return of the signed declaration of this agreement and details of the date of the new inspection outcome. Funding will be reinstated from this date.
