The Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace the Child Minding and Day Care (Disqualification) (Wales) Regulations 2022 (S.I. 2022/1066) (W. 224) (“the 2022 Regulations”). These Regulations set out the categories of persons who are disqualified from registration in Wales as child minders or providers of day care under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (“the Measure”).

Persons disqualified under these Regulations must not act as child minders in Wales, provide day care or be concerned in the management of any provision of day care. Nor must they be employed in connection with the provision of child minding or day care.

Regulation 3 together with Schedule 1 to these Regulations sets out orders and determinations for the care and supervision of children in connection with which a person is disqualified from registration. Regulation 3, together with Schedules 2 and 3, also sets out categories of offences against or involving children or adults in respect of which a person is disqualified from registration. Regulation 3(10) clarifies that disqualification does not apply to persons who have been the subject of care or supervision orders themselves or to foster carers or adoptive parents, with whom a child who is or was subject of a care or supervision order, lives, unless the order was made as a result of that applicant’s care of the child.

Regulation 4 sets out the offences committed overseas which are comparable to the offences set out in these Regulations.

Regulation 5 provides that persons included on the list kept under section 1 of the Protection of Children Act 1999 (c. 14) are disqualified from registration.

Regulation 6(1) and (2) provides that persons in respect of whom a direction has been made under section 142 of the Education Act 2002 (c. 32) (known as List 99) are disqualified from registration.

Regulation 7 sets out that persons barred from regulated activity relating to children under section 3(2) of the Safeguarding Vulnerable Groups Act 2006 (c. 47) are disqualified from registration.

Regulation 8 provides that a person is disqualified from registration as a childminder if that person lives with another person who is disqualified under these Regulations, or lives in a household in which such a person is employed and acts or intends to act as a childminder on domestic premises which is also their home.

Regulation 9 provides for a waiver of the disqualification in certain circumstances. Where the consent of the Welsh Ministers, or a local authority prior to 1 April 2002, has been given a person is not to be regarded as disqualified.

Regulation 9(2) sets out circumstances where the waiver process does not apply. This is where an individual has committed an offence against a child, where the offence itself has since been repealed and where the sentencing court ordered that the individual is disqualified from working with children.

Regulation 10 sets out a right of appeal to the First-tier Tribunal in relation to any determination made by the Welsh Ministers as to whether to give consent to waive disqualification under regulation 9.

Regulation 11 provides that a person registered under Part 2 of the Measure has a duty to disclose information to the Welsh Ministers about the details of any order, determination, conviction or other ground for disqualification from registration under these Regulations. That obligation applies to information relating to the registered person (and to any person living in the same household as the registered person or employed in that household where the registered person is a child minder). Failure to comply with this duty is a criminal offence.

Regulation 12 revokes the 2022 Regulations and provides for a consequential amendment.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.