Common use of Termination and Withdrawal of Funding Clause in Contracts

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 inform parents as soon as the Ofsted inspection rating is published and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free Early Education and Childcare is in place between the Provider and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement

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Termination and Withdrawal of Funding. 18.1 13.1. Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues standards may result in the immediate termination of the arrangement Agreement and withdrawal of funding. 18.2 The Agreement may be terminated in line with the Local Authority's duties 13.2. Termination provisions are those required by regulation 7 4 Local Authority (Termination Discharge 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 13.2.1 Where the Provider is given an does not meet the Ofsted rating of 'requires improvement' the Provider must submit an Action Plan to the Local Authority within 6 weeks quality standards as set out in section A3 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 and Childcare statutory guidance for the Provider, local authorities (March 2017) the Local Authority will withdraw funding be required to remove it from the Directory of Providers. 13.2.2 The Provider as soon as will be removed immediately from the Directory of Providers if a judgement of ‘inadequate’ is practicablereceived following an Ofsted inspection. This decision can only be overturned if an improved Ofsted judgement is given after a re- inspection within an agreed timescale. 13.2.3 The Provider may be withdrawn from the Directory of Providers eligible to receive Free Early Years Entitlement funding if it fails to comply with Annex B to this agreement (Business Processes). 13.2.4 Any decision to progress removal will be communicated by the Local Authority to the Provider in writing. 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 periodissue a final decision without notice if it is felt that there are issues around child welfare, as the Local Authority in its absolute discretion, considers appropriatesafety and/or protection. 18.8 In such cases outlined in clause 18.7: a. 13.2.5 If the Provider must inform parents as soon as is removed from the Ofsted inspection rating is published and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 directory of Approved Providers the Local Authority will only fund send a letter to all parents whose child is in receipt of the free entitlement funding informing them of the decision together with the reasons for its decision. Parents will be advised to contact their local children’s centre or check the childcare pages on the Oldham Council website to find an alternative Provider. 13.2.6 If the Provider for wishes to voluntarily withdraw from the directory of Providers it should contact the Local Authority and notify parents immediately. If the withdrawal from the directory of Providers is made part way through a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. term the Local Authority will only re-instate Early Education Funding with effect clawback any funding received where the free entitlement has not been delivered. The Provider should put in writing its intent to withdraw from the date the Provider has a published Ofsted inspection rating directory of 'requires improvement' or betterProviders to: Free Entitlement Team Oldham Council Level 4, providing a Funding Agreement for the Provision of Free Early Education and Childcare is in place between the Provider and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.Civic Centre Oldham OL1 1UT

Appears in 1 contract

Samples: Funding Agreement

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 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' changes and is no longer active the Local Authority may withdraw Early Education funding from the date the Provider became 'inactive', unless status changed. Funding will not be withdrawn if the registration status returns reverts back to 'active' active within 2 weeksweeks of the original status change date. 18.4 Where the registration status reverts to 'active' within 2 weeks of the date specified in clause 18.3 18.3, the Provider must offer the equivalent Early Education funded EEF hours that were lost due to 'lost' as a result of the 'inactive' statusstatus change, to ensure that all parents who were accessing a free place at the time the Provider became 'inactive, to enable them children are able to access their full annual entitlement. Where this is not possible, the Local Authority may recover the funding for these hours. 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 overall rating of 'Inadequateinadequate', 'not met' inspection judgement or 'ineffective' for the Provider, the following will apply: a. Where the 'quality of education' judgements are less than 'good' 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 'inadequate' inspection judgement is published, but reserves the right to reduce or extend this period, as the Local Authority in its absolute discretion, discretion considers appropriate; b. Where the 'quality of education' judgements are 'good' or better the Local Authority will continue to fund the Provider until the next inspection. If at the next inspection, the Provider remains 'Inadequate', 'not met' or 'ineffective' the Local Authority will withdraw funding 4 weeks from the date the next inspection is published; c. The Provider will be required to submit an action plan within 15 workings days of the 'inadequate' judgement being published. The action plan must include participation in training/quality improvement activities and provide details of who/how this is being provided. Failure to meet this within the specified timescales could result in funding ceasing 8 weeks after 'inadequate' inspection is published. d. Ineffective judgements apply specifically to a Provider who is part of a Childminder Agency. 18.8 In such cases outlined in clause 18.7: a. the Provider must inform parents as soon as of the Ofsted inspection rating is published judgement within 5 working days of it being published, and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare explain what the funding implications are for their child, if they choose tochild's(xxx's) place; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, funding as outlined in clause 18.7 18.7, the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free EEF entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date when the Provider has a been re-inspected and the published Ofsted inspection rating of is 'requires improvementRequires Improvement' or better, . Funding will be backdated to the date of the re-inspection providing a Funding Agreement for the Provision of Free Early Education and Childcare is in place between the Provider and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 If the Provider fails to keep satisfactory records as outlined in clauses 17.2 and 17.6 and following any checks and/or audits undertaken by the Local Authority, evidence suggests that the Provider is making potentially fraudulent claims and/or commits fraud in relation to this Agreement, the Local Authority may: a. recover in full from the Provider any other loss sustained by the Local Authority in consequence of any breach of this clause; or b. after careful consideration and acting in a proportionate manner, immediately terminate this Agreement and recover from the Provider the amount of any loss suffered by the Local Authority resulting from the termination, including the costs reasonably incurred by the Local Authority in making arrangements for the recovery of the funding and any additional expenditure incurred by the Local Authority throughout the remainder of this Agreement. 18.12 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 -18.11 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "'Inadequate";'. 18.12 18.13 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 18.14 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14. 18.15 The Provider cannot claim any additional Early Education Funding for any new children, or existing children who increase their hours of attendance, after the Local Authority has given prior written notice of its intention to withdraw funding under clauses 18.10 and 18.11.

Appears in 1 contract

Samples: Local Authority Agreement for the Provision of Early Education Funding (Eef)

Termination and Withdrawal of Funding. 18.1 17.1 Suspension of registration by Ofsted or childminder agency, or a breach of statutory requirements or safeguarding issues may result in the termination of the arrangement and withdrawal of funding. Funding will be not provided during periods of suspension. 18.2 The Agreement may 17.2 All children should 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 able to access their full annual entitlementfunded entitlement with a high-quality provider. 18.5 Where 17.3 Providers who are judged by Ofsted or their Childminder Agency as ‘Requires Improvement’ will be unable to offer funded places for new two-year-old children from families in receipt of additional Government support. 17.4 Providers who are judged by Ofsted or their Childminder Agency as ‘Not Met’ or ‘Inadequate’ (including ‘special measures’ and ‘serious weaknesses’ for school-based provision) will be unable to offer funded places for any new eligible children. 17.5 Childminders registered with a Childminder Agency receiving a repeat Ofsted judgement of ‘Ineffective’ will be removed from the Provider is given Worcestershire Directory of Funded Providers. 17.6 In addition, providers may also be removed from the Worcestershire Directory of Funded Providers if they: • Fail to supply adequate information to complete an Ofsted rating of 'requires improvement' the Provider must submit an Action Plan NEF Audit, as stated above. • Do not adhere to the Local Authority within 6 weeks of ‘Early education and childcare: Statutory guidance for local authorities’, April 2024 and/or the judgement being publishedWorcestershire Provider Agreement 2024/25. Where • Fail to complete the Provider fails to submit an Action Plan by the required date or where the Provider fails annual Early Years Census. • Fail to engage with the Local Authority on what action Early Years Personal Educational Plan process and therefore fail to meet the needs of children who are looked after. If a provider is being taken judged to improvebe ‘Requires Improvement’, ‘Not Met’ or ‘Inadequate’ by Ofsted, the Local Authority may provide 8 weeks ‘Termination and Withdrawal of Nursery Education Funding Policy’ will be followed: • Upon publication of a first Ofsted judgement of Requires Improvement, providers will be unable to offer funded places for any Two-Year-Old Funded (two-year-olds of families in receipt of additional Government Support) children not yet on their register. Families already accessing provision will be written to, outlining the quality requirements to offer Two-Year-Old Funding and providing information about how to transfer their child’s funding to a different setting. • Upon publication of a first Ofsted judgement of Inadequate or Not Met, providers will be unable to offer funded places for any children not yet on their register. Families already accessing provision will be written to, outlining the quality requirements to offer funded hours and providing information about how to transfer their child’s funding to a different setting. • Upon publication of a repeat Inadequate/Not Met/Requires Improvement judgement, an NEF Sufficiency Assessment will be completed; where sufficient funded provision is available within the locality, the provider will be given notice of its the LA’s intention to withdraw Early Education Funding. 18.6 Where remove 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 setting from the Provider as soon as is practicableappropriate Worcestershire Directory of Funded Providers. 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 inform parents as soon as the Ofsted inspection rating is published and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free Early Education and Childcare is in place between the Provider and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.Page | 24 xxx.xxxxxxxxxxxxxx.xxx.xx

Appears in 1 contract

Samples: Provider Agreement

Termination and Withdrawal of Funding. 18.1 24.1 Suspension of registration by Ofsted Ofsted/ISI or a breach of statutory requirements or safeguarding issues may will result in the termination of the arrangement and withdrawal of fundingthe funded entitlements. 18.2 The Agreement may be terminated in line with the Local Authority's duties 24.2 Termination arrangements also include those required by regulation 7 (Termination of the arrangements) of the Local AuthorityWNC, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and regulation 37 (Arrangements between local authorities and early years providersyears’ Providers: termination) of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016].2016  In the case of early years’ provision for eligible 2 year olds (as prescribed in regulation 3(2) of the 2014 Regulations) (other than provision by an early years’ childminder registered with an early years’ childminder agency) the overall effectiveness of the provision ceases to meet the grade of ‘Good’ or better in the most recent early years provision inspection report published in respect of the provision  In the case of early years’ provision for eligible 3 year olds (as prescribed in regulation 3(3) of the 2014 Regulations) (other than provision by an early years’ childminder registered with an early years’ childminder agency) the overall effectiveness of the provision ceases to meet the grade of ‘Satisfactory’ or ‘Requires Improvement’ or better in the most recent early years provision inspection report published in respect of the provision  In the case of a childminder registered with an early years’ childminder agency, where the agency has notified WNC that in the reasonable opinion of the agency, the provision by an early education and childcare childminder registered with the agency has ceased to be of satisfactory quality 18.3 24.3 In accordance with regulation 37 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 funding may be suspended or withdrawn and this Agreement may be terminated by WNC if:  In the case of early years’ provision (as prescribed in regulation 36(2)(a) of the 2016 Regulations) (other than provision by an early years’ childminder registered with an early years’ childminder agency), the overall effectiveness of the provision ceases to meet the grade of ‘Satisfactory’ or ‘Requires Improvement’ or better in the most recent early years provision inspection report published in respect of the provision  In the case of early years’ provision (as prescribed in regulation 36(2)(b) of the 2016 Regulations) (i.e. a Provider who is yet to be graded) (other than provision by an early years childminder registered with an early years childminder agency), an early years’ provision inspection report is subsequently published in respect of the provision and the overall effectiveness of the provision is not awarded a grade of ‘Satisfactory’ or ‘Requires Improvement’ or better and an early years’ inspection report has not yet been published in respect of that provision  In the case of a childminder registered with an early years’ childminder agency, where:  The Provider must have an active Ofsted registration status. childminder ceases to meet the grade of ‘Effective’ in a published early years’ childminder agency inspection report  An early years’ childminder agency inspection report is published in respect of the agency and the childminder is not awarded a grade of ‘Effective’  Where the Provider's registration status becomes 'inactive' agency has notified WNC that in the Local Authority reasonable opinion of the agency, the provision by the childminder registered with the agency has ceased to be of satisfactory quality fails to correct any breaches of the financial requirements making reparation to parents/carers within 25 working days of notification by WNC  Repeatedly breaches the financial requirements of the funding provided for the funded entitlement, as evidenced by the WNC staff and Technical Specialists  Fails to make reasonable adjustments in line with the Equality Xxx 0000, in order to meet the needs of disabled children  Does not have a named SENCO/Inclusion staff member  Is unable to evidence that all staff, including the designated person, have attended at least the Introduction to Safeguarding training and accessed regular refresher training (as a minimum every 2 years) with regard to safeguarding  Fails to complete required documentation as set out in this Provider Agreement 24.4 Additionally WNC may (at its absolute discretion depending on the circumstances) terminate this Agreement or withdraw Early Education all or part of the funding and/or remove the Provider from the date Families Information Service Directory of Providers if:  Receives an inadequate Ofsted inspection judgement and WNC considers (in its absolute discretion) that the Provider became 'inactive', unless does not have either the registration status returns capacity or the commitment to 'active' within 2 weeks. 18.4 Where improve their Ofsted Rating  Receives a second inadequate inspection outcome which will result in a withdrawal of all funding  Fails to act on quality improvement guidance from Ofsted or WNC over a 12-month period  Is not meeting the registration status reverts to 'active' within 2 weeks of the date specified independent school standard in clause 18.3 the Provider must offer the equivalent Early Education funded hours that were lost due relation to the 'inactive' statusspiritual, moral, social and cultural development of pupils  Is not actively promoting fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs or is promoting as fact views or theories which are contrary 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.established scientific or historical evidence and explanations 18.5 24.5 Where the Provider is given an Ofsted rating at risk 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 having funding withdrawn or where the Provider fails to engage with the Local Authority on what action is being taken to improvesuspended under this clause, the Local Authority WNC 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 (at its absolute discretion, considers appropriate. 18.8 In such cases outlined taking into account the circumstances leading up to this point) apply the process detailed in clause 18.7: a. the Provider must inform parents as soon as clauses below:  The setting to contact WNC or WNC contacts the Ofsted inspection rating is published setting following notification of an Inadequate or Requires Improvement judgement to initiate discussion, confirm support requirements and must signpost parents create/review improvement plans  Referral to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free Early Education and Childcare Advisory Service  Discussion with Ofsted/ISI through LA liaison meeting  Initial meeting to be held with owner, area improvement/managers (if applicable) committee representative (if applicable) and manager. To consider: 1. Notes of visit 2. Quality report 3. Ofsted/ISI report 4. Complaints and/or welfare reports 5. Report from DO (if applicable) Recommendations made and outcome is put in place between the Provider writing and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice emailed to the other party. 18.10 The Local Authority will be entitled provider within agreed timeframe  Referral to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education and Childcare Business Compliance and Funding within 28 days of termination Support.  Discussions with DfE representative  Initial meeting to be held with owner, area improvement/managers (if applicable) committee representative (if applicable) and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.manager. To consider:

Appears in 1 contract

Samples: Provider Agreement

Termination and Withdrawal of Funding. 18.1 Wiltshire Council will work in partnership with providers to ensure quality of provision and a sufficient number of places for the delivery of Early Years Entitlement to eligible two-, three- and four-year-olds. 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 . Childcare providers must comply with the Local Authority's duties required by regulation 7 (Termination requirements of the arrangements) national guidance and the Wiltshire Council Provider Agreement as well as working within all other legal requirements in their provision. Wiltshire Council reserves the right to withdraw funding from a provider and remove them from the Wiltshire Directory of the Local Authority, (Duty to Secure Registered Early Years Provision Free Providers for non- compliance 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 statusany statutory requirement. Where Wiltshire Council will not waive the Provider's registration status becomes 'inactive' the Local Authority may right to act to terminate or withdraw Early Education funding if it does not act immediately. Wiltshire Council will withdraw funding from providers in the date the Provider became 'inactive', unless the registration status returns to 'active' within 2 weeks.following circumstances: 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 published1 . 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 judge the Provider, provision as inadequate the Local Authority will follow the procedure set out in the national statutory guidance by securing alternative provision and withdraw funding from the Provider for children who are already receiving their funded entitlement at a provider on receipt of official Ofsted notification, and as soon as is practicablepractical. Funding will not be withdrawn from a provider until the provider’s Ofsted inspection is published. 2 . Funding will be restored once Ofsted has re-inspected and judged the provision as ‘requires improvement’ or above, and where the childcare provider has re-registered for entry onto the Wiltshire Directory of Registered Early Years Providers. 3 . In cases of gross misconduct e.g., Ofsted enforcement action, fraud, or financial irregularity, where children are unsafe or not safeguarded effectively. 4 . In the event of outstanding invoices related to the delivery of Early Years Entitlement funding, Wiltshire Council will suspend monthly estimated payments until full payment of the invoice(s) has been made. Ofsted will be informed if a provider has their funding withdrawn. The Local Authority provider will generally consider this have the opportunity to be 8 weeks after make written representations prior to the date the inspection judgement is published, but reserves the final decision for withdrawal of funding being made. 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 inform parents as soon as the Ofsted inspection rating appeal is published and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free Early Education and Childcare is in place between the Provider and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to itAppeals section below. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.

Appears in 1 contract

Samples: Provider Agreement

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Termination and Withdrawal of Funding. 18.1 Suspension of registration by Ofsted or a 16.1. The Local Authority may terminate this Agreement and withdraw funding for free entitlement funding where the Service Provider: ● is in 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 2016 or the Special Educational Needs and Disability code of practice: 0 to 25 years (January 2015): ● fails to meet the required Ofsted registration status(or ISI equivalent) overall effectiveness of requires Improvement/ satisfactory or better. Where ● fails to meet the Provider's registration status becomes 'inactive' the Local Authority may withdraw Early Education funding enforcements highlighted and actions 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 overall effectiveness of 'requires improvement' the Provider must submit an Action Plan to the Local Authority within 6 weeks of the judgement being publishedinadequate. Where the Provider fails to submit an Action Plan by the required date or where the Provider fails to engage ● does not comply with the Local Authority on what action is being taken Authority’s requirements for administration of the funding, does not promote British values and/or promotes views and theories contrary to improve, established scientific or historical evidence as described in the Local Authority may provide 8 weeks written notice of its intention to withdraw Early Education Funding.and Childcare Statutory Guidance 2018 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 16.2. In the event that Ofsted publish an 'Inadequate' inspection judgement there is a termination of this Agreement and/or withdrawal of funding for the Providerfree entitlements, the Local Authority will withdraw funding from inform the Service Provider as soon as is practicablein writing, clearly identifying where they have failed to meet the required standards and a clear timeline and process for termination and/or withdrawal of funding. 16.3. Where appropriate, the letter will set out actions that the Service Provider must take to comply and a date by which the Service Provider must satisfy the local authority that the required standard has been met. If the Service Provider fails to comply with such requirements, or if the failure cannot be remedied (for example, where the Service Provider has been judged by Ofsted to be inadequate and has failed to meet Ofsted requirements) the Local Authority will set out a clear timeline for the cessation of FEF payments. 16.4. 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 remove a Service Provider must inform parents as soon as the Ofsted inspection rating is published and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free Early Education and Childcare is in place between the Provider and the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if an Ofsted inadequate overall effectiveness relates to the Service Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy ’s ability to safeguard children in its care or which, being capable of remedy, is not remedied within 3 months after receipt of notice from if the Local Authority specifying has other evidence to show that the nature Service Provider is not meeting safeguarding requirements. 16.5. In the event, there is a termination and/or withdrawal of funding it is the responsibility of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over Service Provider to ensure all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless parents/carers are informed of the provisions decision and are directed to Xxxxxx Family Information Service for support in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Fundingfinding alternative childcare. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.

Appears in 1 contract

Samples: Early Years Provider Agreement

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 terminate this Agreement and withdraw Early Education funding from the date the Provider became 'inactive', unless the if: • The Provider’s 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 is suspended by Ofsted; • The Provider is given an Ofsted rating in breach of 'requires improvement' the Provider must submit an Action Plan to the any statutory requirements; • The Local Authority within 6 weeks becomes aware 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 safeguarding issues with the Local Authority on what action Provider. If funding 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 withdrawn 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 secure alternative provision for children taking up their free place as soon as practicable. In all cases where funding is practicablewithdrawn, the Local Authority will give the Provider a written explanation of the decision to withdraw funding. The Local Authority will generally consider this arrange a meeting with owners/directors/trustees of the Provider in order to support them and the needs of children and families in their care. The meeting will be 8 weeks after the date the inspection judgement is published, but reserves the right to reduce or extend this period, as held within five working days of the Local Authority in its absolute discretionbecoming aware that the required Ofsted grade has not been achieved. Minutes of the meeting, considers appropriate. 18.8 In such cases outlined in clause 18.7: a. including any agreed actions will be circulated within three working days of the meeting. Where the Provider must inform parents is unable or unwilling to attend a meeting, they will be informed in writing of the termination of funding. The Provider can appeal against any decision by the Local Authority to deny approval to offer the funded entitlements or to withdraw funding as soon as set out above. If the Ofsted inspection rating Provider wishes to appeal a decision, they should initially contact the Director of Early Help, Care, Wellbeing and Learning. If the matter is not resolved to the Provider’s satisfaction, further options will be discussed with the Provider. The Provider should ensure they have a complaints procedure in place that is published and must signpost accessible for parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for who are not satisfied their child, if they choose to; b. where a parent chooses to secure alternative childcare before child has received their funded entitlement in the date the Local Authority would ordinarily cease fundingcorrect way, as outlined set out in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free agreement and in Early Education and Childcare is in place between the Provider and Statutory guidance for local authorities. If a parent wishes to make a complaint to the Local Authority. 18.9 Each party will be entitled to terminate this Agreement by giving at least 3 months written notice to the other party. 18.10 The Local Authority will be entitled to terminate this Agreement with immediate effect if the Provider: a. commits a material breach of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon notice of termination of this Agreement, for whatever reason, the Provider will repay should signpost them to the Local Authority the balance of outstanding Childcare Support Lead Officer, Early Education Funding within 28 days of termination Years and provide appropriate accountancy evidence on the level of unspent Early Education FundingChildcare Service, Civic Centre, Gateshead. 18.13 Upon notice of termination of this Agreement, for whatever reason, the Local Authority will reimburse the Provider the balance of outstanding Early Education Funding within 28 days of termination providing the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified in clause 14.

Appears in 1 contract

Samples: Early Years Provider Agreement

Termination and Withdrawal of Funding. 18.1 24.1 Suspension of registration by Ofsted Ofsted/ISI or a breach of statutory requirements or safeguarding issues may will result in the termination of the arrangement and withdrawal of fundingthe funded entitlements. 18.2 The Agreement may be terminated in line with the Local Authority's duties 24.2 Termination arrangements also include those required by regulation 7 (Termination of the arrangements) of the Local AuthorityNNC, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and regulation 37 (Arrangements between local authorities and early years providersyears’ Providers: termination) of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016].2016  In the case of early years’ provision for eligible 2 year olds (as prescribed in regulation 3(2) of the 2014 Regulations) (other than provision by an early years’ childminder registered with an early years’ childminder agency) the overall effectiveness of the provision ceases to meet the grade of ‘Good’ or better in the most recent early years provision inspection report published in respect of the provision  In the case of early years’ provision for eligible 3 year olds (as prescribed in regulation 3(3) of the 2014 Regulations) (other than provision by an early years’ childminder registered with an early years’ childminder agency) the overall effectiveness of the provision ceases to meet the grade of ‘Satisfactory’ or ‘Requires Improvement’ or better in the most recent early years provision inspection report published in respect of the provision  In the case of a childminder registered with an early years’ childminder agency, where the agency has notified NNC that in the reasonable opinion of the agency, the provision by an early education and childcare childminder registered with the agency has ceased to be of satisfactory quality 18.3 24.3 In accordance with regulation 37 of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 funding may be suspended or withdrawn and this Agreement may be terminated by NNC if:  In the case of early years’ provision (as prescribed in regulation 36(2)(a) of the 2016 Regulations) (other than provision by an early years’ childminder registered with an early years’ childminder agency), the overall effectiveness of the provision ceases to meet the grade of ‘Satisfactory’ or ‘Requires Improvement’ or better in the most recent early years provision inspection report published in respect of the provision  In the case of early years’ provision (as prescribed in regulation 36(2)(b) of the 2016 Regulations) (i.e. a Provider who is yet to be graded) (other than provision by an early years childminder registered with an early years childminder agency), an early years’ provision inspection report is subsequently published in respect of the provision and the overall effectiveness of the provision is not awarded a grade of ‘Satisfactory’ or ‘Requires Improvement’ or better and an early years’ inspection report has not yet been published in respect of that provision  In the case of a childminder registered with an early years’ childminder agency, where:  The Provider must have an active Ofsted registration status. childminder ceases to meet the grade of ‘Effective’ in a published early years’ childminder agency inspection report  An early years’ childminder agency inspection report is published in respect of the agency and the childminder is not awarded a grade of ‘Effective’  Where the Provider's registration status becomes 'inactive' agency has notified NNC that in the Local Authority reasonable opinion of the agency, the provision by the childminder registered with the agency has ceased to be of satisfactory quality fails to correct any breaches of the financial requirements making reparation to parents/carers within 25 working days of notification by NNC  Repeatedly breaches the financial requirements of the funding provided for the funded entitlement, as evidenced by the NNC staff and Technical Specialists  Fails to make reasonable adjustments in line with the Equality Xxx 0000, in order to meet the needs of disabled children  Does not have a named SENCO/Inclusion staff member  Is unable to evidence that all staff, including the designated person, have attended at least the Introduction to Safeguarding training and accessed regular refresher training (as a minimum every 2 years) with regard to safeguarding  Fails to complete required documentation as set out in this Provider Agreement 24.4 Additionally NNC may (at its absolute discretion depending on the circumstances) terminate this Agreement or withdraw Early Education all or part of the funding and/or remove the Provider from the date Families Information Service Directory of Providers if:  Receives an inadequate Ofsted inspection judgement and NNC considers (in its absolute discretion) that the Provider became 'inactive', unless does not have either the registration status returns capacity or the commitment to 'active' within 2 weeks. 18.4 Where improve their Ofsted Rating  Receives a second inadequate inspection outcome which will result in a withdrawal of all funding  Fails to act on quality improvement guidance from Ofsted or NNC over a 12-month period  Is not meeting the registration status reverts to 'active' within 2 weeks of the date specified independent school standard in clause 18.3 the Provider must offer the equivalent Early Education funded hours that were lost due relation to the 'inactive' statusspiritual, moral, social and cultural development of pupils  Is not actively promoting fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs or is promoting as fact views or theories which are contrary 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.established scientific or historical evidence and explanations 18.5 24.5 Where the Provider is given at risk of having funding withdrawn or suspended under this clause, NNC may (at its absolute discretion, taking into account the circumstances leading up to this point) apply the process detailed in the clauses below:  The setting to contact NNC or NNC contacts the setting following notification of an Ofsted rating Inadequate or Requires Improvement judgement to initiate discussion, confirm support requirements and create/review improvement plans  Referral to Early Education and Childcare Advisory Service  Discussion with Ofsted/ISI through LA liaison meeting  Initial meeting to be held with owner, area improvement/managers (if applicable) committee representative (if applicable) and manager. To consider: 1. Notes of 'requires visit 2. Quality report 3. Ofsted/ISI report 4. Complaints and/or welfare reports 5. Report from DO (if applicable) Recommendations made and outcome is put in writing and emailed to the provider within agreed timeframe  Referral to Early Education and Childcare Business Compliance and Funding Support.  Discussions with DfE representative  Initial meeting to be held with owner, area improvement' /managers (if applicable) committee representative (if applicable) and manager. To consider: 1. Completion of Funding Compliance Review 2. Documentations and data submissions Recommendations made and outcome is put in writing and emailed to the provider within agreed timeframe  Immediate termination of Agreement and withdrawal of funding for ALL children  Discussion with Ofsted/ISI through LA liaison meeting  Immediate termination of Agreement and withdrawal of funding for ALL children 24.6 NNC will have a range of options to consider for each setting that is referred to as the Provider must submit an Action Plan Support Group. Despite having some flexibility, NNC adheres 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 Statutory Guidance which states that Ofsted publish an 'Inadequate' inspection judgement for the Provider, the Local Authority will local authorities should ‘secure alternative provision and withdraw funding from the a Provider (other than a local authority maintained school), as soon as is practicable, when Ofsted publish an inspection judgement of the Provider of ‘Inadequate’ or an inspection judgement of a childminder agency of ‘not effective” (DfE 2018). The Local Authority will generally consider this options available to be 8 weeks after the date council vary depending on the inspection judgement is published, but reserves age of the right child and nature of referral 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 inform parents as soon as the Ofsted inspection rating is published and must signpost parents to Lancashire County Council's Family Information Service to enable parents to secure alternative childcare for their child, if they choose to; b. where a parent chooses to secure alternative childcare before the date the Local Authority would ordinarily cease funding, as outlined in clause 18.7 the Local Authority will only fund the Provider for a period of 4 weeks after the date the inspection judgement was published. Any remaining funding after this date will be made available for parents to access their child's free entitlement with a different Provider; c. the Local Authority will only re-instate Early Education Funding with effect from the date the Provider has a published Ofsted inspection rating of 'requires improvement' or better, providing a Funding Agreement for the Provision of Free Early Education and Childcare Services as follows: 1. Withdrawal or suspension for all or new funded 2 year olds 2. Withdrawal or suspension for all or new funded 3 and 4 year olds 3. Monitor setting alongside EEC Support 4. Charge setting for late or inaccurate headcount data (if applicable) 5. Removal of funding due to late or no census data submission (if applicable)  Action Planning meeting between owner, area improvement/managers (if applicable) committee representative (if applicable) and manager to prepare and review agreed improvement plan  Regular monitoring visits and review improvement plan against achievements with the Early Education and Childcare Service through a time limited package of support to assess and support capacity to improve  Completion of audit if required to assess compliance. Recommendations will be made and time limited package of support given  The NNC will continue to have oversight of the setting until subsequent Ofsted inspection or improvements made  Review the consistency of data submission to ensure accuracy and deadlines met 1. Outstanding or good judgement in subsequent Ofsted inspection or met for ISI. Reinstate funding and no longer monitor setting 2. Requires improvement in subsequent Ofsted inspection or Met for ISI, continue to suspend funding for 2 year funding based on sufficiency need. Continue to monitor the setting 3. Inadequate in subsequent Ofsted inspection or not met for ISI. Termination of Agreement and withdrawal of all funding after the first full funding block following inspection judgement. Continue to closely monitor the setting 4. If a Provider fails to adhere to the Agreement (e.g. failure to submit data or not meeting points detailed in action plan), funding could be suspended, withdrawn or settings are charged to cover administration costs. 24.7 NNC will refuse to fund a Provider if there are reasonable grounds to believe that they are not able to meet all of the terms and conditions of providing EYFE as set out in this Agreement and in the section A3 of the Statutory Guidance and financial funding requirements. 24.8 NNC will be entitled to terminate this Agreement and withdraw funding upon a breach of Statutory requirements or a breach of any of the terms and conditions of the Agreement, which is in place between incapable of remedy. 24.9 For the avoidance of doubt, NNC will be entitled to terminate this Agreement immediately if the Provider and breaches any of the Local Authorityconditions set out in this Agreement. 18.9 Each party 24.10 NNC will be entitled to terminate this Agreement by giving at least 3 months reasonable notice in writing if the Provider fails to remedy any breach which is capable of remedy within a reasonable period which NNC may specify in any written notice to advising the other partyProvider of the breach. 18.10 The Local Authority 24.11 NNC will be entitled endeavour to terminate this Agreement with immediate effect if the Provider: a. commits give Providers a material breach minimum of any of the terms of this Agreement which is incapable of remedy or which, being capable of remedy, is not remedied within 3 months after receipt of notice from the Local Authority specifying the nature of the breach set out in clause 25.1a; b. enters into any composition or arrangement with its creditors or enters into any liquidation whether compulsorily or voluntarily or has a receiver or administrator appointed over all or any part of its assets or undertaking or an administration order is made in relation to it. 18.11 The Local Authority, regardless of the provisions in clauses 18.9 and 18.10 will be entitled to terminate this Agreement with immediate effect if the Secretary of State advises the Local Authority that the Provider has been rated by Ofsted as "Inadequate"; 18.12 Upon 1 month’s written notice of termination of this Agreementtheir Agreement to enable parents/carers to make alternative arrangements for their children. 24.12 The period of notice to be allowed for improving a remediable breach and the period of notice required to terminate the Agreement following the Provider’s failure to remedy such breach will be determined by NNC in its absolute discretion having regard to the severity of the breach and the need to enable parents/carers to make alternative arrangements for their children. 24.13 In all cases where funding is withdrawn, for whatever reason, NNC will give the Provider a written explanation of the decision to withdraw funding. 24.14 Suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues may result in the termination of this Agreement and withdrawal of funding. 24.15 NNC will repay refuse to fund a Provider if there are reasonable grounds to believe that they are not able to meet all of the terms and conditions of providing EYFE as set out in this Agreement and in section A3 of the Statutory Guidance. 24.16 The rights of NNC in addition to and without prejudice to any other rights and remedies NNC may have arising from the termination. If this Agreement is terminated, NNC will: -  not be liable to make any payments to the Local Authority the balance of outstanding Early Education Funding within 28 days of termination and provide appropriate accountancy evidence on the level of unspent Early Education Funding. 18.13 Upon Provider, provided that notice of termination of this Agreementis duly given, for whatever reasonuntil the costs, losses and/or damage arising from the Local Authority will reimburse termination have been calculated and it is apparent that such sum is due to the Provider;  once the total costs (including loss or damage referred to above) have been calculated, recover any balance due to NNC or alternatively pay the Provider any balance due  The rights of NNC in addition to and without prejudice to any other rights and remedies NNC may have arising from the balance termination. 24.17 If funding is removed or withdrawn NNC will remove them from the published Families Information Service Directory of outstanding Early Education Providers. 24.18 Funding within 28 days of termination providing will be withdrawn and the Provider has submitted a valid Headcount or Supplementary Funding Claim as specified removed from the Families Information Service Directory if the Code of Conduct (Appendix E) is breached in clause 14anyway.

Appears in 1 contract

Samples: Provider Agreement

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