(This note is not part of the Regulations)
These Regulations amend the Childcare (Early Years Register) Regulations 2008 (“the EYR Regulations”), the Childcare (General Childcare Register) Regulations 2008 (“the GCR Regulations”) and the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (“the 2012 Regulations”).
The EYR Regulations and the GCR Regulations prescribe the requirements to be met by a person seeking registration in the Early Years Register (“EYR”) and/or in Parts A or B of the General Childcare Register (“the GCR”). The registers are maintained by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) under Part 3 of the Childcare Act 2006 (“the Act”). Part 3 of the Act was amended by section 84 of, and Schedule 4 to, the Children and Families Act 2014 to allow for the registration of persons who propose to provide childcare on domestic premises with childminder agencies, as an alternative to registration in one of the registers maintained by the Chief Inspector.
Regulation 3 amends the definition of an appropriate first aid qualification in the EYR Regulations. Regulation 5(4) removes the condition that the course which a prospective early years childminder must complete prior to registration must be approved by a local authority (regulation 20(5) does the same for later years childminders). Regulation 6(4) amends the arrangements for obtaining an enhanced criminal record certificate in respect of the manager of early years provision which would be early years childminding but for section 96(5) of the Act (regulation 21(5) does the same for later years provision). These Regulations also make consequential amendments to the EYR Regulations to account for persons applying for registration with an early years childminder agency.
Regulations 8 to 21 of these Regulations make consequential amendments to the GCR Regulations to account for persons applying for registration with a later years childminder agency.
The requirements in Schedule 3 to the GCR Regulations governing the activities of later years providers are the same for providers registered in Part A of the GCR and for those registered with a later years childminder agency and regulation 22 makes consequential amendments to Schedule 3 to reflect that certain later years providers may be registered with a later years childminder agency.
Regulation 22 also amends the requirements in Schedule 3 of the GCR Regulations. It imposes new requirements on later years providers in relation to the safety and welfare of children, including a requirement to have a person with particular responsibility for safeguarding matters. Changes are made to the requirement to have a specified number of persons caring for the children, to the age of persons caring for the children unsupervised, to the skills required to be held by the later years provider, the manager or by persons caring for the children, to the organisation of the provision and to the requirement to minimise risks to health and safety presented by the later years provision. New requirements are introduced in relation to the food provided to the children, the premises on which care is provided and the training to be provided by the later years provider. The requirement for persons to hold certain qualifications is removed.
The requirements in Schedule 6 to the GCR Regulations governing the activities of persons who are registered in Part B of the GCR and those who are voluntarily registered with a childminder agency are the same and regulation 23 makes consequential amendments to Schedule 6 to reflect that certain providers may be registered on a voluntary basis with a childminder agency.
Regulation 23 also amends the requirements in Schedule 6 of the GCR Regulations. Changes are made to the requirement to have a specified number of persons caring for the children, to the age of persons caring for the children unsupervised, to the skills required to be held by the childcare provider, the manager or by persons caring for the children, to the organisation of the provision and to the requirement to minimise risks to health and safety presented by the childcare provision.
The 2012 Regulations specify, and give legal effect to, the welfare requirements that early years providers are required to comply with. Together with the learning and development requirements specified under section 39(1)(a) of the Act, these form the “Early Years Foundation Stage”. Regulation 25 amends the definition of “the Document” in the 2012 Regulations to refer to a new version of the Document published on 31st March 2014.
Regulations 25 to 31 also make changes consequential on amendments to the Act in section 84 of, and Schedule 4 to, the Children and Families Act 2014. These changes extend the Chief Inspector’s functions to cover childminder agencies and make similar provision for the registration of providers with agencies as exists for providers who register with the Chief Inspector.
The new version of the Document can be found on the website of the Department for Education at https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2 and copies of the Document can also be viewed at the Department for Education, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT.
A validation impact assessment covering the childcare registration changes will be available alongside the Explanatory Memorandum for this instrument at www.legislation.gov.uk. An impact assessment has not been produced in relation to childminder agency changes as no impact on businesses, civil society organisations or the public sector is foreseen.