The Child Minding and Day Care (Wales) Regulations 2002

Suitability of Workers

16.—(1) The registered person shall not—

(a) employ under a contract of employment a person to look after relevant children unless that person is suitable to do so;

(b) allow a volunteer to look after relevant children unless that person is suitable to do so;

(c) allow any other person to work in a part of the relevant premises in circumstances in which he or she will be in regular contact with relevant children unless he or she is suitable to look after such children.

(2) For the purposes of paragraph (1), a person is not suitable to look after relevant children unless—

(a) The person is of suitable integrity and good character to do so;

(b) the person has the qualifications, skills and experience necessary for the work he or she is to perform;

(c) the person is physically and mentally fit for the work he or she is to perform; and

(d) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of—

(i) except where paragraph (3) applies, each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii) where paragraph (3) applies, each of the matters specified in paragraphs 1 and 3 to 7 of Schedule 2.

(3) This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997(1) has not been brought into force.

(4) The registered person shall ensure that—

(a) any offer of employment to, or other arrangement about working in the relevant premises made with or in respect of, a person described in paragraph (1) is subject to paragraph (2)(d) being complied with in relation to that person; and

(b) unless paragraph (5) applies, no such person starts work in the relevant premises until such time as paragraph (2)(d) has been complied with in relation to that person.

(5) Where the following conditions apply, the registered person may permit a person to start work in the relevant premises notwithstanding paragraph (4)(b)—

(a) The registered person has taken all reasonable steps to obtain full information in respect of each of the matters listed in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters listed in paragraphs 3 to 6 of Schedule 2 are incomplete;

(b) full and satisfactory information in relation to that person has been obtained in respect of—

(i) the matter specified in paragraph 1 of Schedule 2; and

(ii) unless paragraph (3) applies, the matter specified in paragraph 2 of that Schedule; or

(iii) where paragraph (3) applies, the matter specified in paragraph 7 of that Schedule;

(c) in the reasonable opinion of the registered person the circumstances are exceptional; and

(d) pending receipt of, and being satisfied with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his or her duties.

(6) The registered person shall ensure that any person working in the relevant premises who does not fall within paragraph (1) is appropriately supervised while the relevant children are present.

(1)

See the footnote to regulation 4(4).