Education Review Office reports are not mentioned in the regulations as a reason why a service's licence may be suspended or withdrawn, meaning that the Ministry of Education cannot act on ERO's word alone and immediately suspend or withdraw a services licence. Also, a failure to meet any special conditions on a licence imposed by the Secretary of Education is not explicitly stated as a reason for licence suspension.
1. The Ministry of Education may suspend a service's licence (temporary closure) if it finds that:
- It is not in the interests of children for the service to remain on a full or provisional licence
- A child has been physically ill-treated.
- A child has been subject to solitary confinement.
- A child has been deprived of food, warmth, shelter, mobility, or protection.
- Adults have failed to prevent ill-treatment of a child.
- Someone reasonably suspected of physically ill-treating a child continues having contact with the children and/or has not been excluded.
- The service has failed to take all reasonable steps to prevent children from coming into contact with staff having a contagious condition and likely to have a detrimental effect (Note that referring specifically to ‘staff’ suggests that a licence cannot be suspended if a centre does not take reasonable steps to prevent children from coming in contact with other children or adults having a contagious condition. Although, elsewhere in the regulations it is stated that a centre should take all practicable steps to prevent children coming into contact with any person on the premises suffering from a disease or condition likely to be passed on to children and likely to have a detrimental effect).
- The person whose name is on the licence no longer has control of the service.
- The service has failed to return its full licence when it has been issued a provisional licence.
2. The Ministry of Education may withdraw/ cancel a service's licence if it finds any one or more of the following:
- The service has failed to meet conditions specified in the notice effecting a licence suspension after a reasonable period of time has been given.
- In the case of a centre, children have attended the centre while its licence is suspended.
- The service provider has been convicted of an offence against the Education regulations or an offence involving harm to children, violence, or fraud.
- The service has permanently ceased to operate, or ceased to be an early childhood service.
- The service is no longer operating from the premises specified in the licence and has not been issued with a temporary relocation licence.