Voluntary Management Committee

Cambridgeshire County Council recommends that a Designated Safeguarding Officer (DSO) should be appointed within the committee. The DSO should ensure the following safeguarding responsibilities are fulfilled by the committee or the Designated Person for Child Protection (DP).

The DSO and the DP should update the Committee regularly (at least annually and ideally more frequently) about the fulfilment of safeguarding responsibilities.

A clear line of accountability should be established to ensure that all aspects of safeguarding practice are robust and in line with current legislation and local procedures.

Committee Safeguarding Responsibilities:

• Ensure there is at least one staff member identified and trained as a Designated Person for Child Protection (DP). A DP must be available at all times the setting is in operation so it is likely that more than one person will be trained. The DP role should be explicitly defined in the staff member’s job description. The change in working hours, to fulfil this additional responsibility, should be accounted for.
  • The DP is responsible for ensuring all safeguarding arrangements within the setting are robust and fit for purpose with any concerns about internal safeguarding arrangements promptly brought to the DSO’s attention.
  • The DP should create a culture within the setting of listening to children, and take into account their wishes and feelings, both in individual safeguarding decisions and the development of safeguarding within the setting.
  • The DP should provide staff with safeguarding updates to develop their knowledge and skills. This must be done at least annually and ideally at every team meeting.
  • The DSO should provide pastoral support to the DP but information on specific child protection concerns should only be shared on a need-to-know basis in line with government information-sharing guidance.
• The Committee is responsible for creating child protection policies and procedures that align with the statutory requirements of the early years foundation stage (EYFS).
  • The DSO and DP should be involved with developing, implementing, and reviewing the policies and procedures, at least annually.
  • The DP is responsible for maintaining safer working practices on a day-to-day basis.
• The Committee should ensure a clear policy for dealing with allegations against staff who work or volunteer with children. This must comply with the EYFS. Accompanying guidance should include what support and advice are available to individuals against whom allegations have been made.
• The Committee is responsible for creating clear whistleblowing procedures. These should be explained to staff during their induction, and staff meetings and referenced in the setting ‘Staff code of conduct policy’. The setting culture should promote issues relating to safeguarding and the welfare of children to be addressed promptly.
• The Committee is responsible for developing safe recruitment practices. This includes having a safer recruitment policy containing information on obtaining disclosure and barring service checks and all other appropriate checks to satisfy themselves that adults are safe to work/volunteer with children. At least one person responsible for recruitment should attend the Local Authority ‘Safer Recruitment Training’ in advance of any recruitment that takes place.
  • The DP should provide new staff with a mandatory safeguarding induction. This includes familiarisation with child protection responsibilities and the procedures followed if adults have concerns about a child’s safety or welfare (this should include information on the signs and indicators of abuse or neglect).
• The Committee should ensure all new staff complete Basic Child Protection training (which includes information relating to local procedures), within six weeks of commencing employment.
• The Committee should ensure that appropriate supervision and support for staff is provided concerning safeguarding.
  • It is usual practice for the DSO to complete regular supervision with the DP and for the Manager (who is often the DP) to complete supervision with each staff member.
  • Within supervision, staff should receive regular reviews of their safeguarding practice to ensure they have the knowledge, skills, and expertise to perform their role effectively. Supervisions should establish whether the staff is competent to carry out their responsibilities for safeguarding and promoting the welfare of children.
  • Staff should feel able to raise concerns about individual children, setting safeguarding practices, or colleagues during supervision and at all other times.
• The Committee should ensure that at least one adult who has a current paediatric first aid (PFA) certificate is on the setting premises at all times when children are present. A first aider must accompany children on off-site outings.
• The Committee must be aware of their responsibilities, as the Registered Person, to notify Ofsted of specific changes to the setting as noted in the EYFS, Section 3.78, and 3.88. This includes changes to committee members (including trustees), setting managers, or significant events that are likely to affect the suitability of the setting to provide childcare.

The Registered Person

• An organisation (committee run/directors of a company) or individual (childminder/sole trader/ private business owner) responsible for ensuring that safeguarding and welfare requirements as set out in the framework for the EYFS are met and that suitable people work at the provision.
• The registered person has a duty of care to safeguard children and must have a clear legal structure and comply with financial regulations.
• In the case of a committee-run provision, each individual on the committee is considered the registered person (CLG, CIO, UNINCORPORATED)
• All members of the governing body (committee run/directors) are equally responsible and accountable for the provision
• Includes everyone who is part of the governing body on the date, that Ofsted takes any action in connection with the registration.
• In the case of a CLG, the directors are the registered persons. Anyone attending committee meetings, hearing information, and being involved in decision-making must be a director of the company and registered with Companies House

The Nominated Person (Individual)

• Where the registered person is an organisation, it must appoint a ‘nominated individual’ who will be responsible for all matters relating to the registration and who will act on behalf of the organisation in its dealings with Ofsted.
• The nominated individual must be a member of the organisation’s governing body, although for larger organisations Ofsted will allow them to appoint an ‘officer’ of their organisation to act on their behalf. Usually, the manager of a small organisation or setting cannot be the nominated person unless they are a member of the governing body*

*Ofsted has also confirmed that whilst it is still only able to communicate with the ‘nominated person’ on legal matters related to the registration (e.g., suspension, legal notices, cancellation, or staff-related concerns) if required settings can now appoint two additional named contacts, one of whom can be the manager who can communicate with Ofsted on general matters relating to the setting

What are the consequences of newly elected committee members (also known as Trustees or Directors, and known by Ofsted as the Registered Provider) not completing the EY2/DBS process and informing Ofsted of changes to the Registered Provider?

Inadequate or Requires Improvement Ofsted outcome

All members of the committee must have their suitability checked by Ofsted. This means that you must apply for a DBS check; the update service; and complete an EY2 to generate a letter confirming your suitability as soon as you are elected or co-opted onto the committee.

How do I apply for a DBS through Ofsted?

You will need to go online to access the Ofsted DBS Application process.

To complete the EY2 process, you will need your Registered Provider URN, which begins with RP and can be found on the back page of your Ofsted Inspection report. This number is unique to the whole committee and must be entered on each EY2.

Guidance/apply-to-join-a-nursery-or-other-daycare-organisation-ey2

Guidance/apply-to-join-a-nursery-or-other-daycare-organisation-ey2#how-to-apply

You will need to set a government gateway login and then sign in using Government Gateway login details.

Changes that must be notified to Ofsted (EYFS 3.77) Changes that must be notified to Ofsted or the relevant childminder agency.

Complete an Ofsted EY3a if there are any changes to the people on the committee

To tell Ofsted about changes, telephone 0300 123 1231 or email the appropriate form to enquiries@ofsted.gov.uk

As soon as the Nominated Person receives the letter from Ofsted confirming your suitability to be on the committee you are ready to become a full member of the committee.

The newly elected committee will also need to update trustee details on the Charity Commission or Companies House website depending on your legal structure.

A conflict of interest is considered to be any interest, connection, association or other set of circumstances that (a) is (or might appear to be) likely to impair or influence a Committee Member’s judgment in engaging in committee business, or (b) might impede a Committee Member’s ability to carry out their role, or (c) might result (or could result) in a Committee Member’s (or a member of their family) or a related third party receiving a personal benefit or being perceived to be using their position to gain an unfair advantage.

Conflicts of interest may arise as a result of many different circumstances, including but not limited to (a) direct or indirect financial interests, (b) non-financial or personal interests, (c) acceptance of gifts or hospitality, or (d) conflicts of loyalty where a decision maker may have competing primary duty loyalties between a person or an organisation to which they owe a, and another person or organisation. For example, conflicts of interest can include enhancement of an individual’s financial or other opportunities, career, education, or professional reputation, or access to privileged information, facilities, or other benefits

When a conflict of interest is identified, committee members should try to manage the conflict in the following ways:

• Declare a conflict – once identified, a conflict of interest should be declared at the earliest opportunity.
• Leave the meeting – the committee member who declares a conflict should leave the meeting and the other committee members should decide whether their absence is appropriate or necessary.
• Decide on next steps – this depends on the conflict, if the committee decides that there is no conflict, the individual committee member can go into the meeting. However, if the conflict is of such a low level that it can be tolerated, then the organisation should determine how to best protect its interests. The committee members may for example absent themselves from parts of the meeting where the conflicting activity is discussed. On the other hand, if the conflicts are so frequent or serious that the committee member’s usefulness is considerably lessened, they should resign from their post as a committee member or cease the conflicting activity.
• Record the process – the process above should be clearly minuted and a register of interests should be held where committee members can record their interests.

You can find more information and templates using the links below:

• Identify, understand and manage conflicts of interest and loyalty both within the board and across the organisation - DIY Committee Guide.
• Conflicts of Interest | NICVA.
• Conflicts of interest: a guide for charity trustees (CC29) - GOV.UK.