Part 1

General functions of local authority: England

Interpretation

Meaning of childcare
18
1
This section applies for the purposes of this Part and Part 3.
2
“Childcare” means any form of care for a child and, subject to subsection (3), care includes—
a
education for a child, and
b
any other supervised activity for a child.
3
“Childcare” does not include—
a
education (or any other supervised activity) provided by a school during school hours for a registered pupil who is not a young child, or
b
any form of health care for a child.
4
“Childcare” does not include care provided for a child by—
a
a parent or step-parent of the child;
b
a person with parental responsibility for the child;
c
a relative of the child;
d
a person who is a local authority foster parent in relation to the child;
e
a person who is a foster parent with whom the child has been placed by a voluntary organisation;
f
a person who fosters the child privately.
5
“Childcare” does not include care provided for a child if the care—
a
is provided in any of the following establishments as part of the establishment’s activities—
i
an appropriate children’s home,
ii
a care home,
iii
a hospital in which the child is a patient,
iv
a residential family centre, and
b
is so provided by the person carrying on the establishment or a person employed to work at the establishment.
6
The reference in subsection (5)(b) to a person who is employed includes a reference to a person who is employed under a contract for services.
7
“Childcare” does not include care provided for a child who is detained in—
a
a young offender institution, or
b
a secure training centre.
8
In this section—
a
“appropriate children’s home”, “local authority foster parent”, “to foster a child privately” and “voluntary organisation” have the same meaning as in the Children Act 1989 (c. 41);
b
“care home”, “hospital” and “residential family centre” have the same meaning as in the Care Standards Act 2000 (c. 14);
c
“relative”, in relation to a child, means a grandparent, aunt, uncle, brother or sister, whether of the full blood or half blood or by marriage or civil partnership.