Childcare Act 2006

Part 1 — General functions of local authority: England

Improvement of young children's well-being

General duties of local authority in relation to well-being of young children

1

• (1) An English local authority must—

• (a) improve the well-being of young children in their area, and

• (b) reduce inequalities between young children in their area in relation to the matters mentioned in subsection (2).

• (2) In this Act “well-being”, in relation to children, means their well-being so far as relating to—

• (a) physical and mental health and emotional well-being;

• (b) protection from harm and neglect;

• (c) education, training and recreation;

• (d) the contribution made by them to society;

• (e) social and economic well-being.

• (3) The Secretary of State may, in accordance with regulations, set targets for—

• (a) the improvement of the well-being of young children in the area of an English local authority;

• (b) the reduction of inequalities between young children in the area of an English local authority in relation to the matters mentioned in subsection (2).

• (4) In exercising their functions, an English local authority must act in the manner that is best calculated to secure that any targets set under subsection (3) (so far as relating to the area of the local authority) are met.

• (5) In performing their duties under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

Welfare requirements

2

• (1) In section 3 “early childhood services”, in relation to an English local authority, means—

• (a) early years provision;

• (b) the social services functions of the local authority, so far as relating to young children, parents or prospective parents;

• (c) health services relating to young children, parents or prospective parents;

• (d) the provision, under arrangements made under section 2 of the Employment and Training Act 1973 (c. 50), of assistance to parents or prospective parents;

• (e) the service provided by the local authority under section 12 (duty to provide information and assistance) so far as relating to parents or prospective parents.

• (2) In this section—

• “parent” means a parent of a young child, and includes any individual who—has parental responsibility for a young child, orhas care of a young child;

• “prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

• “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

Offence of making false or misleading statement

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• (1) For the purpose of their general duty under section 1(1), an English local authority have the further duties imposed by subsections (2) and (3).

• (2) The authority must make arrangements to secure that early childhood services in their area are provided in an integrated manner which is calculated to—

• (a) facilitate access to those services, and

• (b) maximise the benefit of those services to parents, prospective parents and young children.

• (3) The authority must take steps—

• (a) to identify parents or prospective parents in the authority's area who would otherwise be unlikely to take advantage of early childhood services that may be of benefit to them and their young children, and

• (b) to encourage those parents or prospective parents to take advantage of those services.

• (4) An English local authority must take all reasonable steps to encourage and facilitate the involvement in the making and implementation of arrangements under this section of—

• (a) parents and prospective parents in their area,

• (b) early years providers in their area, including those in the private and voluntary sectors, and

• (c) other persons engaged in activities which may improve the well-being of young children in their area.

• (4A) In deciding what arrangements to make under this section, an English local authority must in particular have regard to—

• (a) the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and

• (b) where in that area those services are provided or are expected to be provided.

• (5) In discharging their duties under this section, an English local authority must have regard to such information about the views of young children as is available to the local authority and appears to them to be relevant to the discharge of those duties.

• (6) In discharging their duties under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

• (7) In this section—

• “early years provider” has the same meaning as in Part 3;

• “parent” and “prospective parent” have the same meaning as in section 2.

Duty of local authority and relevant partners to work together

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• (1) For the purposes of this section each of the following is a relevant partner of an English local authority—

• (za) NHS England;

• (a) an integrated care board ... ...for an area any part of which falls within the area of the local authority;3

• (b) the Secretary of State, in relation to his functions under section 2 of the Employment and Training Act 1973 (c. 50).

• (2) An English local authority must make arrangements to work with each of the authority's relevant partners in the performance by the authority of their duties under sections 1 and 3.

• (3) Each of the relevant partners of an English local authority must work with the authority and with the other relevant partners in the making of the arrangements.

• (4) An English local authority and each of their relevant partners may for the purposes of arrangements under this section—

• (a) provide staff, goods, services, accommodation or other resources;

• (b) establish and maintain a pooled fund.

• (5) For the purposes of subsection (4) a pooled fund is a fund—

• (a) which is made up of contributions by the authority and the relevant partner or partners concerned, and

• (b) out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.

• (6) An English local authority and each of their relevant partners falling within subsection (1)(a) must, in exercising their functions under this section, have regard to any guidance given from time to time by the Secretary of State.

Power to amend sections 2 and 4

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The Secretary of State may by order—

• (a) amend the definition of “early childhood services” in section 2(1), and

• (b) in connection with any amendment of that definition, make such other amendments of section 2 or 4 as appear to him to be necessary or expedient.

Provision of childcare

Duty to secure sufficient childcare for working parents

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• (1) An English local authority must secure, so far as is reasonably practicable, that the provision of childcare (whether or not by them) is sufficient to meet the requirements of parents in their area who require childcare in order to enable them—

• (a) to take up, or remain in, work, or

• (b) to undertake education or training which could reasonably be expected to assist them to obtain work.

• (2) In determining for the purposes of subsection (1) whether the provision of childcare is sufficient to meet those requirements, a local authority—

• (a) must have regard to the needs of parents in their area for—

• (i) the provision of childcare in respect of which the child care element of working tax credit is payable, and

• (ia) the provision of childcare in respect of which an amount in respect of childcare costs may be included under section 12 of the Welfare Reform Act 2012 in the calculation of an award of universal credit, and

• (ii) the provision of childcare which is suitable for disabled children, and

• (b) may have regard to any childcare which they expect to be available outside their area.

• (3) In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Secretary of State.

• (4) The Secretary of State may by order amend subsection (2) (and subsection (6) so far as relating to that subsection) so as to modify the matters to which a local authority must or may have regard in determining whether the provision of childcare is sufficient.

• (5) Except in relation to a disabled child, this section does not apply in relation to childcare for a child on or after the 1st September next following the date on which he attains the age of 14.

• (6) In this section—

• “child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 (c. 21);

• “disabled child” means a child who has a disability for the purposes of the Equality Act 2010 ;

• “parent” includes any individual who—has parental responsibility for a child, orhas care of a child.

Duty to secure prescribed early years provision free of charge

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• (1) An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who—

• (a) is under compulsory school age, and

• (b) is of such description as may be prescribed.

• (2) Regulations under subsection (1) may in particular include provision about—

• (a) how much early years provision is to be made available in pursuance of the duty imposed by subsection (1);

• (b) the times at which, and periods over which, early years provision is to be made available in pursuance of that duty.

• (3) In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.

Powers of local authority in relation to the provision of childcare

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• (1) An English local authority may—

• (a) assist any person who provides or proposes to provide childcare;

• (b) make arrangements with any other person for the provision of childcare;

• (c) ... provide childcare.

• (2) The assistance which a local authority may give under subsection (1)(a) includes financial assistance; and the arrangements which a local authority may make under subsection (1)(b) include arrangements involving the provision of financial assistance by the authority.

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• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State.

Arrangements between local authority and childcare providers

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• (1) This section applies where an English local authority make arrangements with a person (other than the governing body of a maintained school) for the provision by that person of childcare in consideration of financial assistance provided by the authority under the arrangements.

• (2) The local authority must exercise their functions with a view to securing that the provider of the childcare meets any requirements imposed on him by the arrangements.

• (3) The requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

Charges where local authority provide childcare

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• (1) An English local authority may enter into an agreement under which payments are made to the authority for the provision by the authority of childcare for a child.

• (2) Subsection (1) does not apply—

• (a) to childcare provided in pursuance of the duty imposed by section 7, or

• (b) to childcare provided under section 18(1) or (5) of the Children Act 1989 (c. 41) (day care for children in need), provision as to charges for such care being made by section 29 of that Act.

Duty to assess childcare provision

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Information, advice and assistance

Duty to provide information, advice and assistance

12

• (1) An English local authority must establish and maintain a service providing information, advice and assistance in accordance with this section.

• (2) The service must provide to parents or prospective parents information which is of a prescribed description and relates to any of the following—

• (a) the provision of childcare in the area of the local authority;

• (b) any other services or facilities, or any publications, which may be of benefit to parents or prospective parents in their area;

• (c) any other services or facilities, or any publications, which may be of benefit to children or young persons in their area.

• (3) In prescribing information for the purpose of subsection (2), the Secretary of State must have regard to the needs of the parents of disabled children or young persons for information relating to—

• (a) the provision of childcare which is suitable for disabled children, and

• (b) other services or facilities, or publications, which may be of particular benefit to the parents of disabled children or young persons or to disabled children or young persons.

• (4) The service may, in addition to providing information which it is required to provide under subsection (2), provide information relating to any of the matters mentioned in paragraphs (a) to (c) of that subsection to such persons as the local authority consider appropriate.

• (5) The service must provide advice and assistance to parents or prospective parents who use, or propose to use, childcare provided in the area of the local authority.

• (6) The service must be established and maintained in the manner which is best calculated to facilitate access to the service by persons in the local authority's area who may benefit from it, including, in particular, persons who might otherwise have difficulty in taking advantage of the service.

• (6A) Regulations may require each English local authority to publish information which is of a prescribed description and relates to any of the matters mentioned in paragraphs (a) to (c) of subsection (2).

• (6B) Regulations under subsection (6A) may require information to be published—

• (a) at prescribed intervals;

• (b) in a prescribed manner.

• (6C) Subsection (3) applies in relation to information prescribed under subsection (6A) as it applies in relation to information prescribed under subsection (2).

• (7) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.

• (8) For the purposes of this section, a child or young person is disabled if he has a disability for the purposes of the Equality Act 2010.

• (9) In this section—

• “parent” means a parent of a child or young person and includes any individual who—has parental responsibility for a child, orhas care of a child;

• “prospective parent” means a pregnant woman or any other person who is likely to become, or is planning to become, a parent;

• “young person” means a person who has attained the age of 18 but has not attained the age of 20.

Duty to provide information, advice and training to childcare providers

13

• (1) An English local authority must, in accordance with regulations, secure the provision of information, advice and training to—

• (a) persons providing childcare in their area who are registered under Part 3;

• (b) persons who intend to provide childcare in their area in respect of which they will be required to be registered under Part 3;

• (c) persons who provide childcare at any of the following institutions in their area (whether or not they are required to be registered under Part 3)—

• (i) a maintained school,

• (ii) a school approved under section 342 of the Education Act 1996 (c. 56) (approval of non-maintained special schools),

• (iii) an independent educational institution or an alternative provision Academy that is not an independent school;

• (d) persons who intend to provide childcare at any such institution (whether or not they would be required to be registered under Part 3);

• (e) persons who are employed to assist any such persons as are mentioned in paragraph (a) or (c) in the provision of childcare or persons who intend to obtain such employment.

• (2) An English local authority may, in addition to securing the provision of information, advice and training which they are required to secure under subsection (1), provide other information, advice and training to any persons mentioned in paragraphs (a) to (e) of that subsection.

• (3) An English local authority may provide information, advice and training to persons who do not fall within any of paragraphs (a) to (e) of subsection (1) but who—

• (a) provide or intend to provide childcare in their area, or

• (b) are employed to assist in the provision of childcare in their area or who intend to obtain such employment.

• (4) An English local authority may impose such charges as they consider reasonable for the provision of information, advice or training provided by them in pursuance of subsection (1), (2) or (3).