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The Child Minding and Day Care (Wales) Regulations 2002

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IV —STAFFING

Staffing

15.  The registered person shall ensure that there is at all times, having regard to—

(a)the statement of purpose and the number and needs (including any needs arising from any disability) of the relevant children, and

(b)the need to safeguard and promote their health and welfare,

a sufficient number of suitably qualified, skilled and experienced persons looking after the relevant children.

Suitability of Workers

16.—(1) The registered person shall not—

(a)employ under a contract of employment a person to look after relevant children unless that person is suitable to do so;

(b)allow a volunteer to look after relevant children unless that person is suitable to do so;

(c)allow any other person to work in a part of the relevant premises in circumstances in which he or she will be in regular contact with relevant children unless he or she is suitable to look after such children.

(2) For the purposes of paragraph (1), a person is not suitable to look after relevant children unless—

(a)The person is of suitable integrity and good character to do so;

(b)the person has the qualifications, skills and experience necessary for the work he or she is to perform;

(c)the person is physically and mentally fit for the work he or she is to perform; and

(d)full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of—

(i)except where paragraph (3) applies, each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii)where paragraph (3) applies, each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.

(3) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(4) The registered person shall ensure that—

(a)any offer of employment to, or other arrangement about working in the relevant premises made with or in respect of, a person described in paragraph (1) is subject to paragraph (2)(d) being complied with in relation to that person; and

(b)unless paragraph (5) applies, no such person starts work in the relevant premises until such time as paragraph (2)(d) has been complied with in relation to that person.

(5) Where the following conditions apply, the registered person may permit a person to start work in the relevant premises notwithstanding paragraph (4)(b)—

(a)The registered person has taken all reasonable steps to obtain full information in respect of each of the matters listed in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters listed in paragraphs 3 to 6 of Schedule 2 are incomplete;

(b)full and satisfactory information in relation to that person has been obtained in respect of—

(i)the matter specified in paragraph 1 of Schedule 2; and

(ii)unless paragraph (3) applies, the matter specified in paragraph 2 of that Schedule; or

(iii)where paragraph (3) applies, the matter specified in paragraph 7 of that Schedule;

(c)in the reasonable opinion of the registered person the circumstances are exceptional; and

(d)pending receipt of, and being satisfied with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his or her duties.

(6) The registered person shall ensure that any person working in the relevant premises who does not fall within paragraph (1) is appropriately supervised while the relevant children are present.

Employment of Staff

17.—(1) The registered person shall operate a disciplinary procedure which, in particular—

(a)provides for the suspension, and the taking of other action short of suspension, in relation to an employee where appropriate in the interests of the safety or welfare of relevant children; and

(b)provides that the failure on the part of an employee to report an incident of abuse, or suspected abuse of a relevant child to an appropriate person is a ground on which disciplinary proceedings may be instituted.

(2) For the purposes of paragraph (1)(b), an appropriate person is the registered person, a person responsible for the exercise of functions of the National Assembly under Part XA of the Act, an officer of the local authority for the area in which the relevant premises are situated, a constable or an officer of the National Society for the Prevention of Cruelty to Children.

(3) The registered person shall ensure that all employees who look after relevant children—

(a)receive appropriate training, supervision and appraisal; and

(b)are enabled from time to time to obtain further qualifications appropriate to the work they perform.

(1)

See the footnote to regulation 4(4).

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