The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 No. 88 (W. 42)

Regulation 5

SCHEDULE E+W Matters to be contained in the assessment

1.  In this Schedule— E+W

“childcare costs element of universal credit” (“elfen costau gofal plant o gredyd cynhwysol”) means an amount included in an award of universal credit under section 12 of the Welfare Reform Act 2012 M1 and prescribed in the Universal Credit Regulations 2013 M2 ;

“childcare costs element of working tax credit” (“elfen costau gofal plant o gredyd treth gwaith”) means an amount included in an award of working tax credit under section 12 of the Tax Credit Act 2002 and prescribed in the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M3 ;

“childcare providers waiting list” (“rhestr aros y darparwr gofal plant”) means the list of applicants who await an offer from the childcare provider for a childcare place in respect of a child;

“employer supported childcare” (“gofal plant â chymorth cyflogwr”) means an employer support scheme that qualifies for tax relief under sections 35 and 36 of, and Schedule 8 to, the Finance Act 2011 M4 ;

“session length” (“hyd sesiwn”) means the maximum period of time for which a childcare provider will care for a child in a day;

“tax free childcare” (“gofal plant di-dreth”) means the scheme under section 1 of the Childcare Payments Act 2014 M5 .

Marginal Citations

M1 2012 c. 5.

M2 S.I. 2013/376 as amended by S.I. 2015/1754.

M3 S.I. 2002/2005 as amended by S.I. 2003/701, S.I. 2004/1276, S.I. 2007/2479, S.I. 2010/918 and S.I. 2013/1736.

M4 2011 c. 11.

M5 2014 c. 28.

2.  Subject to paragraph (3), the local authority's assessment must include in respect of each type of childcare specified in regulation 2(2), details of— E+W

(a) the total number of—

(i) childcare places filled;

(ii) childcare places required;

(b) the number of full-time and part-time—

(i) childcare places filled;

(ii) childcare places required;

(c) the number of—

(i) places filled and required in respect of which the childcare costs element of working tax credit or the childcare costs element of universal credit may be used;

(ii) places filled and required for which parents would be able to use employer supported childcare or tax free childcare;

(iii) places filled and required for children who have special educational needs or who require specialist care due to a disability;

(iv) free childcare places filled and required for children aged 2 years old;

(v) free foundation phase places filled, required and available for children aged 3 and 4 years old;

(vi) Welsh language places filled and required;

(vii) vacant places; and

(viii) children on childcare provider waiting lists;

(d) the times at which—

(i) the childcare is required;

(ii) the childcare is available;

(e) the range of services offered by the childcare provider;

(f) the range of session lengths offered by the childcare provider;

(g) the type of childcare provider that offers flexible childcare hours;

(h) the number of childcare providers that offer flexible childcare hours;

(i) the age range of children in the types of childcare specified in regulation 2(2); and

(j) the range of charges for the childcare.

3.  The details in paragraphs 2(iv) and (v) are not required in relation to home childcare providers. E+W

Geographical distribution E+W

4.  The assessment must include details of—

(a) the geographical distribution of each type of childcare in the local authority's area; and

(b) any gaps in that geographical distribution.

5.  The assessment may take into account the availability of childcare which is outside the local authority's area but which is available to people living in the area. E+W

Sustainability E+W

6.  The assessment must include details of any factors that have affected the sustainability of existing childcare providers in the local authority's area.

Projected population figures and trends E+W

7.  The assessment must include details of—

(a) projected population figures for the local authority's area; and

(b) the main trends and factors likely to affect those figures.

Gap analysis E+W

8.  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, including in particular—

(a) childcare provision for children of parents who work atypical hours;

(b) Welsh medium childcare provision; and

(c) childcare provision for different language categories.

Summary of unmet needs E+W

9.  The assessment must include a summary of the childcare needs which are not met in the local authority's area including those which relate to the—

(a) types of childcare available;

(b) age of children for whom childcare is available;

(c) affordability of childcare;

(d) times at which childcare is available; and

(e) location of childcare.

Barriers to childcare provision E+W

10.  The assessment must include details of —

(a) the accessibility of childcare provision;

(b) 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 special educational needs, or a disability.

Development and training E+W

11.  The assessment must include details of—

(a) existing childcare workforce qualifications;

(b) workforce training needs.