The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024

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

3.—(1) The Childcare (Free of Charge for Working Parents) (England) Regulations 2022(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 4 (definitions), in paragraph (1)—

(a) before the definition of “childcare provider”, insert—

““Chief Inspector” means His Majesty’s Chief Inspector of Education, Children’s Services and Skills;”;

(b) in sub-paragraph (b) of the definition of “inspection report”, before paragraph (i), insert—

“(ai) section 162A of the Education Act 2002(2) (whether by the Chief Inspector or by a body approved by the Secretary of State for the purposes of section 162A of that Act);”.

(3) In regulation 45 (duty to make arrangements with childcare provider chosen by parent), for paragraph (3)(c), substitute—

“(c) a childcare provider (other than a childminder registered with an early years childminder agency)—

(i) that was not inspected on or after 2nd September 2024 under section 5 of the Education Act 2005, and that fails in its most recent inspection report (if any) to achieve Grade 3 (“requires improvement”) or better for the overall effectiveness of its childcare; or

(ii) that was inspected on or after 2nd September 2024 under section 5 of the Education Act 2005, and the Chief Inspector has determined that significant improvement or special measures are required (within the meaning of section 13(1) of the Education Act 2005) in the most recent inspection report published in respect of the provision.”.

(4) In regulation 46 (arrangements to provide for termination), at the beginning, insert “Except in the case of arrangements with the governing body of a maintained school,”.

(5) In regulation 47 (requirements permissible in arrangements), in paragraph (1)—

(a) after the words “regulation 45(2)”, insert “(other than arrangements with the governing body of a maintained school)”;

(b) after sub-paragraph (b)(iii), insert—

“(iv) the effective safeguarding and promotion of welfare of the children for whom the childcare is provided;”;

(c) in sub-paragraph (f)—

(i) for the words “achieves in its most recent inspection report (if any) the minimum grade mentioned in regulation 45(3)(c) or worse”, substitute “meets the description in regulation 45(3)(c)”;

(ii) in paragraph (i), omit the word “overall”.

(6) In regulation 48 (requirements prohibited in arrangements), after the words “regulation 45(2)”, insert “(other than arrangements with the governing body of a maintained school)”.

(1)

S.I. 2022/1134, relevant amendments are made by S.I. 2023/276.

(2)

2002 c. 32. Section 162A was amended by paragraph 2 of Schedule 8 to the Education Act 2005 (c. 18), and by paragraph 73(3) of Schedule 14, and paragraph 1 of Schedule 18, to the Education and Inspections Act 2006 (c. 40), and was repealed by paragraph 1 of Schedule 2 to the Education and Skills Act 2008.