The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014

Made: 6th August 2014

Laid before Parliament: 11th August 2014

Coming into force: 1st September 2014

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 51A(2)(a) and (c), (3)(b) and (5), 51B(2), 51D(4), 61A(2)(a) and (c), (3)(b) and (5), 61B(2), 61E(4), 83A(1) and (2), 84A(1) and (3), 89, 92(3) and 104(2) of the Childcare Act 2006 .

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014 and come into force on 1st September 2014.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Childcare Act 2006;

• “applicant” means a person who is seeking registration as an early years childminder agency under Chapter 2A or as a later years childminder agency under Chapter 3A of Part 3 of the Act;

• “continuous professional development” means any training or other activity which is designed to enable a registered provider to meet such of the requirements specified under section 39 of the Act or imposed by regulations under section 59 of the Act as are applicable to that registered provider;

• “enforcement action” means the serving of any notice on a registered provider and any suspension of a registered provider's registration;

• “enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997 ;

• “nominated individual” has the meaning given in paragraph 1(2)(b)(i) of Schedule 1;

• “parent”, in relation to a child, includes any person who has parental responsibility for the child or has care of the child;

• “practice support” means any training, advice or assistance which supports a registered provider in the running of that provider's childcare practice and may include training, advice or assistance provided by a childminder agency during a quality assurance visit;

• “quality assurance visit” means any visit to a setting undertaken by a childminder agency for the purposes of—assessing the quality and standard of the childcare provided,verifying that the prescribed requirements for registration continue to be satisfied, andverifying that a registered provider is complying with any other requirements specified by order or regulations under Part 3 of the Act as are applicable to that provider;

• “registered childcare provision” means early years provision or later years provision provided by a registered provider;

• “registered person” means a person who is registered under Chapter 2A (regulation of early years childminder agencies) or Chapter 3A (regulation of later years childminder agencies) of Part 3 of the Act;

• “registered provider” means a person who is registered with a childminder agency under Chapter 2, 3 or 4 of Part 3 of the Act;

• “registration” means—in relation to a person who provides or who is proposing to provide childcare, registration under Chapter 2, 3 or 4 of Part 3 of the Act;in relation to a person exercising, or proposing to exercise, the functions of a childminder agency, registration under Chapter 2A or 3A of Part 3 of the Act;

• “registration visit” means a visit to a setting undertaken by a childminder agency for the purposes of verifying that the prescribed requirements for registration which apply to a person who is proposing to register under Chapter 2 or 3 of Part 3 of the Act are satisfied and are likely to continue to be satisfied;

• “setting” means the premises on which registered childcare provision takes place or, as the case may be, is intended to take place, or took place at the material time, together with any equipment and personnel associated with the provision of that childcare;

• “statement of purpose” has the meaning given in paragraph 3 of Schedule 1;

• “year of registration” means the period of 12 months beginning on the date of registration or any anniversary of the date of registration.

• (2) In these Regulations, the references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, but do not include registering a person as a provider, and references to an employee or a person being employed are to be construed accordingly.

PART 2 — Registration of a Childminder Agency

CHAPTER 1 — Applications

Prescribed requirements for registration

3

• (1) The requirements in Part 1 of Schedule 1 (except paragraphs 13, 15 and 17) are prescribed for the purposes of section 51A(3)(b) of the Act.

• (2) The requirements in Part 1 of Schedule 1 (except paragraphs 12, 14 and 16) are prescribed for the purposes of section 61A(3)(b) of the Act.

Information to accompany application for registration

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An application under section 51A(1) or 61A(1) of the Act must include the information prescribed in Part 2 of Schedule 1.

CHAPTER 2 — Certificates

Content of certificate of registration

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A certificate of registration given in accordance with section 51B or 61B must contain the following information—

• (a) the name of the registered person;

• (b) the date of registration;

• (c) any unique reference number or other identifier issued by the Chief Inspector in respect of the registration;

• (d) whether the registered person is registered in the early years register or Part A of the general childcare register;

• (e) any conditions imposed on the registered person's registration under section 51C or 61D and the date on which they were imposed.

Content of combined certificate of registration

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A combined certificate of registration given in accordance with section 92 of the Act must contain the name of the registered person and the information specified in regulation 5(b) to (e) in respect of each registration of that person.

CHAPTER 3 — Fees

Application fees

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In the case of an application for registration made under section 51A of the Act, the prescribed fee which must accompany the application is £220.

8

In the case of an application for registration made under section 61A of the Act, the prescribed fee which must accompany the application is £220.

Annual fees

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• (1) A person who is registered as an early years childminder agency must pay to the Chief Inspector the fee prescribed in paragraph (2) on or before the day in each year which is the anniversary of the date on which the person became registered.

• (2) The prescribed fee is £220.

10

• (1) Subject to regulation 11, a person who is registered as a later years childminder agency must pay to the Chief Inspector the fee prescribed in paragraph (2) on or before the day in each year which is the anniversary of the date on which the person became registered.

• (2) The prescribed fee is £220.

11

Regulation 10 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered as an early years childminder agency under section 51B(1) of the Act.

PART 3 — Inspection of a Childminder Agency

Notification of inspection: childminder agencies

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• (1) Where a childminder agency becomes aware that it is to be inspected by the Chief Inspector, the childminder agency must notify that fact to the persons prescribed in paragraph (2).

• (2) The persons are—

• (a) each registered provider of the childminder agency, and

• (b) a parent of each child for whom registered childcare provision is being provided by a registered provider of the childminder agency.

• (3) Paragraph (2)(b) only applies in circumstances where the parent has given their name and either an address for correspondence, or an electronic mail address, to the childminder agency.

PART 4 — Supply and Disclosure of Information

General provisions

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• (1) For the purposes of regulations 14, 15, 16 and 20, information is not to be treated as prescribed information which may or must be disclosed—

• (a) where it includes information as to the identity of any child to whom childcare is being or has been provided without the consent of a parent of the child identified; or

• (b) where it includes information as to the identity of a parent or relative of such a child (unless the parent or relative in question is the childcare provider) without the consent of the parent or relative identified.

• (2) For the purposes of regulations 14 to 20, information is not to be treated as prescribed information which may or must be disclosed where the childminder agency is required under any enactment, by any rule of law or by the order of the court not to disclose the information.

• (3) In this regulation, “disclosure” includes making information available, or the provision of information, to a person or body, and “disclose” shall be construed accordingly.

Supply of information to the Secretary of State and Her Majesty's Revenue and Customs

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• (1) For the purposes of section 83A(1) of the Act, the information in paragraphs 1 to 5, 8, 9 and 19 of Schedule 2 is prescribed information which must be provided to the Secretary of State and Her Majesty's Revenue and Customs when a childminder agency takes the step mentioned in sub-paragraph (a) of section 83A(1) in relation to a person's registration, or any of the steps prescribed in paragraph (2).

• (2) The prescribed steps are—

• (a) approving the suitability of additional premises under regulation 7C of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008;

• (b) cancellation of a person’s registration;

• (c) suspension of a person’s registration, generally or only in relation to particular premises; or

• (d) termination of a person’s registration at the person’s request.

Supply of information to local authorities

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• (1) For the purposes of section 83A(1) of the Act, the information in paragraphs 1 to 12, 19 and 20 of Schedule 2 is prescribed information which must be provided to a relevant local authority when a childminder agency takes the step mentioned in sub-paragraph (a) of section 83A(1) in relation to a person's registration, or any of the steps prescribed in paragraph (2).

• (2) The prescribed steps are—

• (a) approving the suitability of additional premises under regulation 7C of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008;

• (b) giving notice of intention to cancel a person’s registration;

• (c) cancellation of a person’s registration;

• (d) suspension of a person’s registration, generally or only in relation to particular premises; or

• (e) termination of a person’s registration at the person’s request.

Disclosure of information to assist parents or prospective parents

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For the purposes of section 84A(1) of the Act, the information specified in paragraphs 1 to 6, 8 to 11 and 16 to 19 of Schedule 2 is prescribed information about a registered provider which a childminder agency may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early years or later years provider.

Disclosure of information to protect children from harm or neglect

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For the purposes of section 84A(1) of the Act, the information specified in paragraphs 1 to 5, 13 to 15, 20 and 21 of Schedule 2 is prescribed information about a registered provider which a childminder agency may arrange to be made available for the purpose of protecting children from harm or neglect.

Required provision of information to child protection agencies and police forces

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• (1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in paragraphs 4, 13 to 15, 20 and 21 of Schedule 2 as has been requested and is held by the childminder agency in relation to that registered provider.

• (2) The prescribed persons are—

• (a) a child protection agency; and

• (b) a local policing body, or a police authority or a chief officer within the meaning of section 126 of the Police Act 1997 .

• (3) In this regulation, “child protection agency” means the National Society for the Prevention of Cruelty to Children and any body or authority exercising statutory functions within the United Kingdom relating to the protection of children.

Required provision of information to various prescribed persons

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• (1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by the childminder agency in relation to that registered provider.

• (2) The prescribed persons are—

• (a) a fostering agency within the meaning of section 4(4) of the Care Standards Act 2000 ;

• (aa) a provider of a fostering service (within the meaning of paragraph 5 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016);

• (b) a voluntary adoption agency within the meaning of section 4(7) of the Care Standards Act 2000;

• (ba) a provider of an adoption service (within the meaning of paragraph 4(a) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016;

• (c) the Welsh Ministers;

• (d) Social Care and Social Work Improvement Scotland;

• (e) a Health and Social Care Trust in Northern Ireland;

• (f) a body acting on behalf of the Crown in the Channel Islands or in the Isle of Man;

• (g) the national authority of a member State of the European Economic Area having functions comprising the regulation of childcare; and

• (h) a childminder agency.

• (3) Subject to paragraph (4), the prescribed information is the information specified in paragraphs 1 to 6, 8, 9, 11, 14, 15, 19 and 20 of Schedule 2.

• (4) Any information referred to in paragraph (3) is not to be treated as prescribed information which must be provided to a prescribed person where the information has previously been provided by the childminder agency to that prescribed person.

Required provision of information to parents

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• (1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, pursuant to section 84A(3) of the Act, for the purpose of—

• (a) assisting parents in choosing an early years or later years provider; or

• (b) protecting children from harm or neglect,

provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by the childminder agency in relation to that registered provider.

• (2) The prescribed persons are the parents of children to whom childcare is being or has been provided by the registered provider referred to in paragraph (1) or the parents of children for whom it is proposed that the registered provider will provide childcare.

• (3) Subject to paragraph (4), the prescribed information is the information specified in paragraphs 1 to 4, 7, 16, 18 and 20 of Schedule 2.

• (4) Any information referred to in paragraph (3) is not to be treated as prescribed information—

• (a) where the information is available to the parent to whom it would fall to be provided by other means reasonably at the parent's disposal;

• (b) where to provide the information would involve disproportionate effort or expense;

• (c) where the circumstances indicate that the information is or may be sought in contemplation or furtherance of civil proceedings against the childminder agency or any other person or body; or

• (d) where the information has previously been provided by the childminder agency to that parent.

SCHEDULE 1 — Applications for Registration

PART 1 — Prescribed Requirements for Registration

Requirements relating to the applicant and management and control of the applicant

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• (1) The applicant is suitable to exercise the functions of a childminder agency under Part 3 of the Act.

• (2) For the purposes of sub-paragraph (1), the applicant is not suitable to exercise the functions of a childminder agency unless the applicant—

• (a) is an individual who satisfies the requirement in sub-paragraph (3); or

• (b) is a partnership, body corporate or unincorporated association and—

• (i) the applicant has nominated an individual who is a director or other officer of, or partner in, the applicant, or a member of its governing body (“the nominated individual”) to—

• (aa) be responsible for dealing with matters relating to the applicant's application and subsequent registration, and

• (bb) oversee (either alone or jointly with others) the management of the childminder agency;

• (ii) the nominated individual satisfies the requirement in sub-paragraph (3); and

• (iii) in the case of a partnership, body corporate or unincorporated association whose sole or main purpose is the exercise of functions of a childminder agency, every person (other than the nominated individual) who is a director or other officer of, or partner in, the applicant or a member of its governing body satisfies the requirement in sub-paragraph (3).

• (3) The requirement is that the person is of integrity and good character.

2

Where the applicant is a partnership, body corporate or unincorporated association whose sole or main purpose is something other than the exercise of functions of a childminder agency under Part 3 of the Act, the applicant has appointed a person to manage the childminder agency (“the manager”).

3

The applicant has compiled a written statement (“the statement of purpose”) covering the following matters—