The Early Years Foundation Stage (Welfare Requirements) Regulations 2007

Citation and commencement

1.  These Regulations may be cited as the Early Years Foundation Stage (Welfare Requirements) Regulations 2007 and come into force on 1st September 2008.

Interpretation

2.  In these Regulations—

“the Act” means the Childcare Act 2006;

“the Document” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State(1).

Specification of the welfare requirements

3.—(1) Regulations 7 and 8 specify welfare requirements under section 39(1)(b) of the Act.

(2) It is directed that the provisions in Section 3 of the Document have effect for the purposes of specifying the welfare requirements under section 39(1)(b) of the Act.

(3) Early years providers to whom section 40 of the Act applies must have regard to the guidance in Section 3 of the Document in securing that the early years provision they provide complies with the welfare requirements.

Requirement on Chief Inspector

4.  The Chief Inspector must have regard to the welfare requirements specified in regulation 3 and the guidance in Section 3 of the Document in exercising her functions under Part 3 of the Act.

Matters to be considered by the Chief Inspector

5.  Any allegation that an early years provider has—

(a) failed to meet the welfare requirements; or

(b) failed to have regard to the guidance in Section 3 of the Document

may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.

Proceedings under Part 3 of the Act

6.  Any allegation that an early years provider has—

(a) failed to meet the welfare requirements; or

(b) failed to have regard to the guidance in Section 3 of the Document

may be taken into account in any proceedings under Part 3 of the Act.

Welfare of children: prohibition on corporal punishment

7.—(1) An early years provider must not use corporal punishment on a child for whom he provides early years provision and, so far as is reasonably practicable, must ensure that corporal punishment is not used on any such child by—

(a) any person who cares for, or is in regular contact with, children; or

(b) any person living or working on the premises on which the early years provision is provided.

(2) A person will not be taken to have used corporal punishment for the purposes of paragraph (1) if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person (including the child himself).

(3) For the purposes of paragraphs (1) and (2) above, “corporal punishment” means anything done for the purpose of punishing the child (whether or not there are other reasons for doing it) which, absent any justification, would constitute battery.

Provision of information

8.—(1) An early years provider must notify the Chief Inspector of the occurrence of any of the events set out in the Schedule to these Regulations and must at the same time provide her with the information specified in that Schedule in respect of that event.

(2) Notification must be made—

(a) where it is reasonably practicable to do so, in advance of the event occurring; and

(b) in all other cases as soon as reasonably practicable, but in any event within 14 days of the event occurring.

Failure to comply with welfare requirements notice

9.—(1) Where the Chief Inspector considers that an early years provider to whom section 40 applies has failed or is failing to comply with the welfare requirements she may give a notice to the early years provider specifying—

(a) in what respect that early years provider has failed or is failing to comply with those requirements;

(b) where appropriate—

(i) what action the early years provider should take to comply; and

(ii) the period within which that early years provider should take that action, such period to begin with the date of the notice.

(2) The early years provider must comply with the terms of the notice within the period specified in that notice.

(3) A notice under this regulation must be given in accordance with regulation 10.

Service of the welfare requirements notice

10.—(1) A notice may be given to an early years provider by the Chief Inspector—

(a) by delivering it to him,

(b) by sending it by post,

(c) subject to paragraph (2), by transmitting it electronically.

(2) If the notice is transmitted electronically, it is to be treated as given only if the following requirements are met—

(a) the person upon whom the notice is required or authorised to be given must have indicated to the Chief Inspector his willingness to receive notices transmitted by electronic means and must have provided an address suitable for that purpose; and

(b) the notice must be sent to the address provided by him.

(3) An indication given for the purposes of paragraph (2) must be given for the purpose of the service of notices under this regulation.

(4) For the purposes of section 7 of the Interpretation Act 1978(2) (references to service by post) a notice under this regulation is to be treated as properly addressed if it is addressed to the early years provider at the address notified to the Chief Inspector as the address to which correspondence to him should be sent.

Offence

11.—(1) An early years provider who, without reasonable excuse, fails to comply with the requirements of regulation 7(1), 8 or 9(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Proceedings under this regulation may only be taken by the Chief Inspector, and only after she has afforded an opportunity, during a period not exceeding one month, within which the early years provider may make representations.

Beverley Hughes

Minister of State

Department for Education and Skills

20th June 2007