Legal background
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The existing legislation relating to the provision of childcare in England, and its regulation and inspection, is set out in the Childcare Act 2006 (and secondary legislation made under that Act). Part 1 of that Act makes provision about the powers and duties of local authorities in connection with the provision of childcare. Section 7 of that Act places a duty on local authorities in England to secure early years provision for young children in their area, free of charge and in accordance with regulations. The relevant regulations are the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 (SI 2014/2147).
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That Act also includes, in section 12, a duty on local authorities to provide information, advice and assistance to parents and other persons, the information being prescribed in regulations (see the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007 (SI 2007/3490) as amended).
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The Childcare Act 2016 places a duty on the Secretary of State to secure the availability of 30 hours of free childcare for qualifying children of working parents, with details to be set out in regulations. It also amends section 12 of the Childcare Act 2006 to enable regulations to be made requiring local authorities in England to publish information about childcare and related information.
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The Childcare Act 2006 will continue to be the main Act governing the regulation of childcare provision.
