The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

Requirements permissible in arrangements E+W

47.—(1) As part of any arrangements with a childcare provider under regulation 45(2), an English local authority may impose on the provider one or more of only the following requirements—

(a) a requirement to enable the local authority to—

(i) comply with its duty to make arrangements with a childcare provider chosen by the parent of a child (see regulation 45), and

(ii) terminate the arrangements (see regulation 46);

(b) a requirement for the purpose of satisfying one or more of the following objectives—

(i) that the childcare is provided free of charge;

(ii) that the childcare is provided in a pattern to suit the needs of the parents of the children for whom the childcare is provided;

(iii) that any financial assistance provided by a local authority under the arrangements is used properly and in accordance with the arrangements;

(c) a requirement for the purpose of meeting the needs of a child—

(i) to whom the local authority owes a duty under regulation 45, and

(ii) who has a disability or special educational needs;

(d) a requirement that the provider actively promotes the fundamental British values of —

(i) democracy,

(ii) individual liberty,

(iii) mutual respect and tolerance of those with different faiths and beliefs, and

(iv) the rule of law;

(e) a requirement that views or theories contrary to established scientific or historical evidence and explanations are not promoted as evidence-based views or theories;

(f) a requirement that, if the childcare provider (being other than a childminder registered with [F1 an early years childminder agency]) achieves in its most recent inspection report (if any) the minimum grade mentioned in regulation 45(3)(c) or worse, the provider takes the measures specified in the report—

(i) to improve the overall effectiveness of its childcare, and

(ii) which may include the participation in any training or other quality improvement programme specified in the report;

(g) a requirement necessary for the effective administration of the arrangements.

(2) In this regulation—

“disability” has the meaning given in section 6 of the Equality Act 2010(1);

“special educational needs” has the meaning given in section 20 of the Children and Families Act 2014(2).

Textual Amendments

F1 Words in reg. 47(1)(f) substituted (30.3.2023) by The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 19

Commencement Information

I1 Reg. 47 in force at 1.12.2022, see reg. 1(b)

(1)

2010 c. 15.

(2)

2014 c. 6.