How is childcare regulated?
You are the expert on your child and you are the person who
knows best what kind of childcare service will suit your child.
Knowing what to expect from the regulation framework can help you
have confidence in the service you choose. The regulation framework
sets out standards for most kinds of childcare, early education and
pre-school service.
The Childcare Act 2006 - Early
Years Providers
The term 'early years providers' includes: maintained schools,
non-maintained schools, independent schools and childcare
registered by Ofsted. From September 2008 it is the legal duty of
these providers to ensure that their provision meets the learning
and development needs and complies with the welfare regulations of
the Childcare Act 2006.
- day nurseries
- playgroups
- after school clubs and holiday playschemes
- childminders
Registration and Inspection
The Care Standards Act 2000 gives Ofsted Early Years a duty to
register and inspect the childcare services listed above. This
means:
- people running daycare services for children up to eight years
old must register with Ofsted Early Years. This includes
childminders.
- regular inspections must be carried out to ensure the childcare
continues to be safe and suitable
- Ofsted Early Years must ensure people running childcare
services are suitable to do so.
- Checks cover the person applying to run a childcare service,
childminders and members of childminders' families who will be in
contact with the children
- people running childcare services must make sure the premises
are safe and appropriate for children
- people running childcare services must plan children's
activities to help them enjoy learning and playing
- Ofsted Early Years are responsible for regulating and
inspecting against the requirements of the Early Years
Foundation Stage (EYFS).
- parents can request to see inspection reports on childcare
services
Education Acts
Government funded early or Pre-School education services. A
series of Education Acts apply to state nursery schools, state
nursery classes and maintained schools. They cover:
- what children are taught
- inspection regimes
- staff training and qualifications
Each local authority has its own quality assurance arrangements
for nurseries and they are also subject to inspection carried out
by OFSTED in England and HM Inspectors of
Schools (HMI) in Scotland.
What about private schools?
Independent schools with nursery classes are registered with the
Department for Education and Employment in England and the Scottish
Executive for Scotland. An independent school is any private school
with at least five pupils of compulsory school age. There are no
regulations covering staff ratios in independent schools. A sample
is inspected each year by the relevant HMI (Her Majesty's
Inspectorate of Schools) for Scotland and England.
Education law for three and four year olds
Many early education and childcare services offer free part-time
early or pre-school education to three year olds and four year
olds. This is paid for by the Government. All services which
provide free part-time early or pre-school education services for
three year olds or four year olds are checked by inspectors for
Ofsted in England and HMI in Scotland. Ofsted inspectors register
services to provide the free part-time places. Then regular
inspections are carried out to ensure children are provided with
the opportunity to achieve a series of early learning goals by the
end of the year in which they become five years old.
Which types of childcare are not registered and inspected?
The following types of childcare do not have to be registered
but can, if they wish join a voluntary register, which will enable
parents to access childcare tax credits:
- nannies (working for no more than two families)
- au pairs (in the family home). Au pairs are regulated by the
Home Office but the work they do is not registered or
inspected
- services which cater only for children aged eight or over.
How do I check whether services
are registered?
You can ask to see their registration certificate. You can also
request to read a copy of their latest Inspection Report. http://www.ofsted.gov.uk/
Early Years will help if you need to know more about registration
and inspection of services
