The Tax Credit (New Category of Child Care Provider) Regulations 1999

Regulation 6

THE FIRST SCHEDULE THE SYSTEM

Matters that shall be dealt with in the system

The system shall—

• establish an awarding panel, including members independent of the organisation and an independent expert with experience of out of school child care provision for children over the age of seven, to approve child care providers;

• set out the criteria, including those matters set out in the Third Schedule, to be met by child care providers in order for them to be approved;

• set out the procedures for applying for approval including the documentary evidence required to demonstrate that the criteria are met;

• providers for a quality assessor to assess the extent to which the criteria are met by the child care provider including by visiting the premises and interviewing staff, parents and children as he sees fit;

• ensure that any quality assessor has been properly trained in the requirements of the system;

• ensure that a quality assessor does not and has not worked in any way with any child care provider he assesses (other than in assessing the quality of child care provided), and that he has not entered into any financial arrangement with the child care provider being assessed other than any payment to cover the costs of the assessment;

• provide for the awarding panel to approve or reject an application for approval after considering the evidence provided by the applicant and the report of the quality assessor and such other information as it thinks fit;

• provide for a method of appeal against any refusal to approve a child care provider involving independent arbitration;

• fix a period of time (not exceeding two years) for which any approval will last;

• provide written confirmation of any approval granted together with confirmation of the period for which approval lasts and the reference number allocated to that child care provider;

• provide a complaints procedure under which all complaints will be investigated and if necessary, approval will be withdrawn;

• include a requirement that any complaints about approved child care providers are to be referred to the accredited organisation.

Regulation 7

THE SECOND SCHEDULE THE APPLICATION

PART I THE INITIAL APPLICATION

1.  Background information on organisation with evidence of status and commitment to equality of opportunity.

2.  Description of the system.

3.  Details of the training of independent quality assessors.

4.  Membership of the awarding panel.

5.  Details of any charges levied on child care providers.

PART II THE RENEWAL

1.  Details of all child care providers who have been approved during the period of approval.

2.  Details of any appeals against refusal to grant approval of a child care provider.

3.  Details of any complaints received about approved child care providers.

4.  Identification of any changes proposed to the system.

Regulation 14

THE THIRD SCHEDULE CRITERIA FOR APPROVAL OF CHILD CARE PROVIDERS

The child care provider shall—

(1) ensure the health, safety and welfare of all children cared for, and shall comply with all relevant health and safety legislation;

(2) employ sufficient staff who are adequately trained and suitable to work with children;

(3) offer a planned programme of supervised activities that reflect the developmental needs of the children being cared for;

(4) operate an equal opportunities policy for parents, children and staff;

(5) agree to allow quality assessors and representatives of the accredited organisation, of the Secretary of State and of the Inland Revenue access at any reasonable time to the child care provider’s premises and records.