The Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026

Made: 9 February 2026

Coming into force: 11 March 2026

The Welsh Ministers, in exercise of the powers conferred by section 26(1)(a) and (2) of the Childcare Act 2006[^f00001], make the following Regulations.

Title and coming into force

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• (1) The title of these Regulations is the Childcare Act 2006 (Local Authority Assessment) (Wales) (Amendment) Regulations 2026.

• (2) These Regulations come into force on 11 March 2026.

Amendments to the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016

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• (1) The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016[^f00002] are amended in accordance with the following.

• (2) In regulation 2 (interpretation)—

• (a) omit the following definitions—

• (i) “foundation phase”;

• (ii) “play monitoring group”;

• (b) in the definition of “home childcare providers”, for “section 12 of the Tax Credits Act 2002” substitute “section 60 of the Government of Wales Act 2006[^f00003]”;

• (c) in the appropriate places, in alphabetical order, insert—

• “Family Information Service” (“Gwasanaeth Gwybodaeth i Deuluoedd”) means a service which a local authority is required to provide under section 27 of the Childcare Act 2006;

• “third sector organisation” (“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society;

• (3) In regulation 3 (duty to prepare and publish assessments), after paragraph (2) insert—

(2A) But the date by which the assessment must be published in 2027 and in subsequent years is 30 June.

• (4) In regulation 4 (action plan), after paragraph (2) insert—

(3) An action plan must— (a) prioritise the steps to be taken, and (b) set out the time period within which the local authority will complete the steps.

• (5) After regulation 4 insert—

(4A) (1) A local authority must prepare an annual progress report and a further action plan on each anniversary of the date of the publication of the assessment. (2) The annual progress report must set out the progress which has been made against the steps in the action plan and set out any significant issues or changes since the publication of the assessment.

• (6) In regulation 6 (consultation)—

• (a) for “such of the following in its area, as it considers appropriate” substitute “the following persons in its area”;

• (b) omit paragraphs (d) to (k).

• (7) For regulation 7, substitute—

(7) (1) In preparing the assessment the local authority must— (a) consult with the following— (i) the Safeguarding Children Board of which it is a Safeguarding Board partner[^f00004]; (ii) if established in the local authority’s area, the Welsh medium education forum; (iii) the local authority’s play sufficiency lead officer, if any; (iv) the body responsible for determining whether a child has additional learning needs and preparing and maintaining an individual development plan under the Additional Learning Needs and Education Tribunal (Wales) Act 2018[^f00005], and (b) notify any Jobcentre Plus offices[^f00006] in the local authority’s area and invite the submission of any views. (2) In this regulation, “play sufficiency lead officer” means the officer in the local authority designated with responsibility for ensuring that the local authority fulfils its duties under section 11 of the Measure.

• (8) Omit regulation 12 (annual progress reports).

• (9) For the Schedule substitute—

Schedule (1) In this Schedule— - “childcare provider’s waiting list” (“rhestr aros darparwr gofal plant”) means a list of applicants who await an offer from a childcare provider for a childcare place in respect of a child; - “funded childcare” (“gofal plant a gyllidir”) means childcare funded in whole or in part by the Welsh Ministers through grants or other schemes through which funds are paid directly or indirectly to childcare providers to reduce the cost of those services to parents. (2) The local authority’s assessment must include an analysis of the availability and lack of availability of each type of childcare specified in regulation 2(2), and include details of— (a) the capacity of services provided by childcare providers, (b) the number of children currently cared for, (c) the capacity of childcare providers who are able to support children who have additional learning needs or children who require specialist care due to a disability, (d) the capacity of childcare providers registered to provide funded childcare, (e) the capacity of services who offer Welsh language places, (f) the number of vacant places and reasons for the vacancies, (g) an assessment of a childcare provider’s waiting lists and reasons why the waiting lists exist, (h) the range of services offered by each of the childcare types, (i) the age range of children in the types of childcare, (j) the range of average hourly fees charged for the childcare, (k) an assessment of demand for childcare in the area, including— (i) the effect of change in the number of— (aa) children using childcare, (bb) children using Welsh medium childcare, (cc) children with additional learning needs, and (ii) the effect of population change, and (l) any other factors that the local authority consider relevant to demand. (3) The local authority’s assessment must include details of— (a) the geographical distribution of each type of childcare in the local authority’s area, (b) any gaps in that geographical distribution, and (c) consideration of the effects of childcare supply and demand in neighbouring local authority areas. (4) The assessment must include details of any factors that have affected the sustainability of existing childcare providers in the local authority’s area. (5) The assessment must include an analysis of the supply and demand and any gap in the supply and demand for childcare provision in the local authority’s area, taking into account a local demographic analysis. (6) Where any unmet childcare needs have been identified in the local authority’s area, the assessment must include an analysis of those needs that have not been met, including— (a) types and range of childcare services unavailable; (b) age of children; (c) times at which childcare is unavailable; (d) location of childcare; (e) provision for children with additional learning needs or who require specialist care due to a disability; (f) Welsh language childcare provision; (g) other language childcare provision; (h) funded childcare places; (i) any other factors. (7) The assessment must include details of any barriers identified in accessing the provision of childcare, including— (a) the accessibility of childcare provision; (b) whether the cost of childcare prevents or discourages parents from accessing services; (c) the barriers experienced by— (i) working parents; (ii) parents seeking work or training opportunities; (iii) unemployed households; (iv) low income families; (v) lone parent families; (vi) families from ethnic minority backgrounds; (vii) families with children who have additional learning needs; (d) any other barriers identified. (8) The assessment must include an analysis of any issues identified in relation to the development of the workforce for childcare services in the local authority area, including existing workforce qualifications and training and an outline of how they will be addressed.

Signed

Dawn Bowden — Minister for Children and Social Care, under the authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers — 9 February 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend requirements placed on local authorities under the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (“the 2016 Regulations”).

Regulation 2 of these Regulations omits certain definitions in the 2016 Regulations and inserts the definitions of “Family Information Service” and “third sector organisation”.

Regulation 2(3) inserts a new paragraph (2A) into the 2016 Regulations requiring the local authority to publish its childcare sufficiency assessments on 30 June every five years.

Regulation 2(4) amends regulation 4 of the 2016 Regulations by inserting additional requirements on local authorities to prioritise the steps to be taken in the action plan and set a time limit for them to be completed.

Regulation 2(5) inserts a new requirement for local authorities to undertake and publish annual progress reports and annual action plans.

Regulation 2(6) and (7) amend the list of those whom the local authority must consult when preparing the assessment required under regulation 3 of the 2016 Regulations.

Regulation 2(9) substitutes a new Schedule into the 2016 Regulations.

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.

Footnotes

[^f00001]: 2006 c. 21. See the definition of “prescribed” in section 30 of the Childcare Act 2006. The functions of the National Assembly for Wales under section 26 of the Childcare Act 2006 transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00002]: S.I. 2016/88 (W. 42).

[^f00003]: 2006 c. 32.

[^f00004]: Section 134(2) of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

[^f00005]: 2018 anaw 2. Additional learning needs are defined in section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. Individual development plans are set out in Chapter 2 of that Act.

[^f00006]: The Department for Work and Pensions designates certain of its offices throughout the United Kingdom as Jobcentre Plus offices. Jobcentre Plus offices support working-age individuals to find employment and to claim benefits.