The Childcare (Childminder Agencies) (Miscellaneous Amendments) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make miscellaneous amendments to a number of regulations made under the Childcare Act 2006 (“the 2006 Act”). The amendments are consequential on changes to Part 3 of the 2006 Act allowing for the registration of persons who propose to provide childcare on domestic premises with childminder agencies as an alternative to registration in one of the registers maintained by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”). Those changes were made by section 84 of, and Schedule 4 to, the Children and Families Act 2014.

Regulations 2 to 4 amend the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007. Regulation 4 amends the list of information which must be provided by English local authorities to parents and prospective parents as a result of the duty imposed by section 12 of the 2006 Act. Local authorities are required to provide the same information in respect of childcare providers who are registered with a childminder agency as they would be required to provide in respect of childcare providers who are registered in one of the registers maintained by the Chief Inspector.

Regulations 5 to 9 amend the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008. Regulation 6 is relevant to the circumstances in which a person (‘A’) makes an application to the Chief Inspector for registration as a childcare provider or as a childminder agency, and to circumstances in which the Chief Inspector is contemplating cancelling the registration of one of its registered providers or agencies. If the Chief Inspector requests A to consent to the disclosure, by a childminder agency, of information held by that agency which relates to A and A refuses his consent, then the Chief Inspector can treat the prescribed requirements for registration as not being satisfied or as no longer being satisfied, as the case may be. Regulation 8 deals with the content of certificates of registration issued to a childcare provider by a childminder agency. Regulation 9 makes an amendment to make clear that the power of the Chief Inspector to suspend a provider’s registration only applies to childcare providers who are registered in one of the registers maintained by the Chief Inspector, and not to providers who are registered with a childminder agency.

Regulations 10 to 14 amend the Childcare (Fees) Regulations 2008 so as to apply only to providers who have made an application to, or who are registered with, the Chief Inspector.

Regulations 15 to 23 amend the Childcare (Disqualification) Regulations 2009. By virtue of regulations 16 and 17, the orders, determinations and offences which give rise to disqualification from registration as a childcare provider (including comparable offences committed overseas) will also give rise to disqualification from registration as a childminder agency. By virtue of regulation 22, the power of the Chief Inspector to waive disqualification in certain circumstances is also extended to apply to disqualification from registration as a childminder agency. In addition, the amendment introduced by regulation 16 means that a provider who is refused registration by a childminder agency or who has his or her registration cancelled by a childminder agency will not automatically be precluded from seeking registration elsewhere (be that with another agency or with the Chief Inspector). The amendment made by regulation 23 means that a person who is registered as a later years provider or on a voluntary basis with a childminder agency must disclose details of any order, determination, conviction or other ground for disqualification from registration which arises during his or her registration to the agency with which he or she is registered.

Regulations 24 to 32 amend the Childcare (Supply and Disclosure of Information) (England) Regulations 2007 to make provision for the disclosure, by the Chief Inspector, of prescribed information about childminder agencies. Regulation 31 also amends regulation 9(2) of those Regulations to add childminder agencies to the list of prescribed persons to whom the Chief Inspector must, upon request, provide information about a registered provider for the purpose of protecting children from harm or neglect.

An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.