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Legislation

The Children Act and Education Acts
 
The information below gives a brief explanation of what is required by childcare facilities under the relevant legislation.
 
Children Act 1989
 
The Children Act applies to playgroups, day nurseries, childminders and private nursery schools. The Act says that children's welfare and development are more important than anything else. To protect the welfare of children, the Act sets out a framework for the quality of care which must be provided by playgroups, day nurseries, childminders and private nursery schools for children under the age of eight. They must be registered to confirm that they meet the standard of care set by the local authority social services department within national guidelines set by the Children Act. They are then inspected every year.
 
The Children Act covers:
 
  • the numbers of children in each group and their ages
  • how many adults are needed and the qualifications they must have
  • what indoor and outdoor space is suitable
  • the equipment, play materials and facilities such as toilets
  • how the children's activities are planned.
 
Education Acts
 
The Education Acts apply to state nursery schools and classes, and state primary schools.
They include:
 
  • what children are taught
  • the inspection of schools and publicly-funded early education
  • how the teachers are trained and their qualifications
  • parents' right to choose where to send their children
 
For independent schools, the Education Acts generally only cover registration and inspection. However, the Education (Nursery Education and Grant Maintained Schools) Act 1996 covers all settings which provide free part-time education for four-year-olds within the local Early Years Development Plan drawn up by the Early Years Development Partnership.
 
Exemptions
 
(taken from the Inspection Unit Policy Documents - Children Act 1989)
 
Exemptions with regard to the registration of childminders:
 
  • a relative - that is a parent, grandparent, brother, sister, uncle, aunt (whether of the full blood or half blood or by affinity), or step-parent - is exempt from registration as a childminder unless he or she looks after other children.
 
  • anyone who has parental responsibility for a child is exempt in respect of that child, but is required to register if they look after other children.
 
  • someone who is employed by the parent to look after the child in the child's own home is exempt from registration (nanny).
 
  • anyone who is a foster parent of a child is exempt in respect of that child but is required to register if he or she looks after other children.
 
  • where two people employ someone to look after the children of both of them and the person works in the home of one or other of the children, s/he is exempt from registration. Where more than two people employ a person to look after their children, the person is required to register as a childminder.

 

Exemptions with regard to day care registration
 
Institutions and establishments which are exempt from the requirement to register even though children aged under eight attend them:
 
  • schools maintained or assisted by a local education authority
 
  • schools under the management of an education authority
 
  • schools in respect to which payments are made by the Secretary of State under Section 100 of the Education Act 1944
 
  • independent, grant aided or self-governing schools
 
  • play centres maintained or assisted by local education authority under Section 53 or the Act of 1944
 
  • a registered children's home
 
  • a community home
 
  • a residential care home, nursing home or mental nursing home required to register under the Registered Homes Act 1984
 
  • a health service hospital
 
  • a home provided, equipped and maintained by the Secretary of State
 
The exemption only applies where the child concerned is being looked after in accordance with provision for day care made by:
 
(a) the person carrying on the establishment in question as part of that establishment's activities; or
 
(b) a person employed to work at that establishment and authorised to make that provision as part of that establishment's activities.
 
The exemption does not apply where:
 
(a) a person who is not employed by the organisation running the institution is allowed to use part of the building to provide day care; or
 
(b) the person responsible for the institution or establishment or someone employed by him provides a day care service, and the activity is not an integral part of the work of that institution or establishment, or included in the job description of the employee.