Childcare Act 2006

This Act sets out specific duties for local authorities in relation to childcare in England and Wales. Childcare is defined in section 18 as any form of care for a child including education and any supervised activity but excluding education (or any other supervised activity) provided in school hours for a registered pupil at a school who is not a young child (See below for definition of “young child”).

Child care is defined in sections 18 to 21. It is any form of care for a child including education and any supervised activity but excluding educaton provided in school hours for a registered pupil at a school who is not a young child. The sections also exclude certain other types of care, such as health care or care provided by a parent or relative.

Part 1 of the Act sets out the duties placed upon local authorities in three main areas – improving the outcomes for young children, securing sufficient childcare and providing information to parents.

Part 1 requires local authorities to improve “well being” for young children and defines well-being according to five outcomes:-

• Being healthy
• Staying safe
• Enjoying and achieving
• Making a positive contribution
• Achieving economic well being

Early childhood services should be provided in an integrated manner. The NHS and Jobcentre Plus should work together with the local authority to deliver early childhood services in an accessible and integrated way.

Local authorities are required to secure sufficient childcare for working parents and those making the transition to work. A prescribed amount of early years provision must be provided free of charge.

Local authorities are also under a duty to set up and run a service for parents and prospective parents and those making the transition to work.

Local authorities are subject to inspection in relation to their duties under the Childcare Act 2006, by HM Chief Inspector of Schools and the Secretary of State.

Part 2 deals with the duties of local authorities in Wales to secure sufficient childcare facilities.

Part 3 puts in place legislative provisions to implement the proposals to reform regulations and inspection of childcare facilities.

Section 32, Chapter 1 of Park 3 requires Her Majesty’s Chief Inspector of Schools to maintain two registers:-

• An early years register in which everyone who is required to be registered as an early years provider is listed
• A general childcare register split into two parts:-
  • Part A listing all childcare providers who are required to be registered i.e those caring for children over 5 but under 8
  • Part B which lists all childcare providers who have been registered voluntarily

The following sections then set out who is required to register. The Chief Inspector is able to place conditions on registration and to undertake inspection

Chapter 2 of Part 3 covers the registration, inspection of and requirements to be met by early years providers. This includes childminders who operate on domestic premises. Early years provision is the provision of childcare for a young child. A child is regarded as a young child until 1st September following his fifth birthday.

Chapter 3 of Part 3 covers registration, inspection and regulation for childcare for children from the 1st September following their fifth birthday up to the age of eight.

Chapter 4 of Part 3 sets out a scheme for the voluntary registration for those who are not required to be registered.

Chapter 5 of Part 3 includes provisions which apply to all registered childcare providers. Registered persons can have their registration cancelled or suspended. A Justice of the Peace has the power under section 74 to protect children in an emergency by making an order in relation to a registered person. The Chief Inspector has powers of entry under section 77 and further powers are given to the police

Sections 87 and 88 provide for offences by bodies corporate and unincorporated associations in relation to the Act.

See here: Childcare Act 2006