Children and Families Act 2014

13 After Chapter 2 (regulation of early years provision) insert—

“CHAPTER 2A Regulation of early years childminder agencies

Process of registration

51A Applications for registration

(1) A person may make an application to the Chief Inspector for registration as an early years childminder agency.

(2) An application under subsection (1) must—

(a) give any prescribed information about prescribed matters,

(b) give any other information which the Chief Inspector reasonably requires the applicant to give, and

(c) be accompanied by any prescribed fee.

(3) The Chief Inspector must grant an application under subsection (1) if—

(a) the applicant is not disqualified from registration by regulations under section 76A, and

(b) it appears to the Chief Inspector that any requirements prescribed for the purposes of this subsection (“the prescribed requirements for registration”) are satisfied and are likely to continue to be satisfied.

(4) The Chief Inspector must refuse any application under subsection (1) which subsection (3) does not require the Chief Inspector to grant.

(5) The prescribed requirements for registration may include requirements relating to—

(a) the applicant;

(b) any persons employed by the applicant;

(c) management and control of the applicant (where the applicant is not an individual);

(d) the provision to the Chief Inspector of information about early years providers registered with the applicant;

(e) the applicant’s arrangements for registering early years providers;

(f) the applicant’s arrangements in relation to training and monitoring early years providers and providing such persons with information, advice and assistance;

(g) the applicant’s arrangements for ensuring that early years provision is of a sufficient standard.

51B Entry on the register and certificates

(1) If an application under section 51A is granted, the Chief Inspector must—

(a) register the applicant in the early years register as an early years childminder agency, and

(b) give the applicant a certificate of registration stating that the applicant is so registered.

(2) A certificate of registration given to the applicant in pursuance of subsection (1) must contain prescribed information about prescribed matters.

(3) If there is a change of circumstances which requires the amendment of a certificate of registration, the Chief Inspector must give the early years childminder agency an amended certificate.

(4) If the Chief Inspector is satisfied that a certificate of registration has been lost or destroyed, the Chief Inspector must give the early years childminder agency a copy, on payment by the agency of any prescribed fee.

51C Conditions on registration

(1) The Chief Inspector may impose such conditions as the Chief Inspector thinks fit on the registration of an early years childminder agency under this Chapter.

(2) The power conferred by subsection (1) may be exercised at the time when the Chief Inspector registers the person in pursuance of section 51B or at any subsequent time.

(3) The Chief Inspector may at any time vary or remove any condition imposed under subsection (1).

(4) An early years childminder agency commits an offence if, without reasonable excuse, the agency fails to comply with any condition imposed under subsection (1).

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Inspections

51D Inspections of early years childminder agencies

(1) The Chief Inspector—

(a) must inspect an early years childminder agency at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and

(b) may inspect an early years childminder agency at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.

(2) For the purposes of an inspection under this section, the Chief Inspector may inspect early years provision provided by early years providers who are registered with the early years childminder agency for the purposes of Chapter 2.

(3) The Chief Inspector may charge a prescribed fee for conducting an inspection of an early years childminder agency where—

(a) the inspection is conducted at the request of the agency, and

(b) the Chief Inspector is required by the Secretary of State under subsection (1)(a) to conduct that inspection.

(4) Regulations may make provision requiring an early years childminder agency to notify prescribed persons of the fact that it is to be inspected under this section.

51E Reports of inspections

(1) After conducting an inspection under section 51D, the Chief Inspector must make a report in writing on—

(a) the quality and standards of the services offered by the early years childminder agency to early years providers registered with it,

(b) the quality of leadership and management in the early years childminder agency, and

(c) the effectiveness of the arrangements of the early years childminder agency for assuring itself of the quality of the care and education provided by the early years providers registered with it.

(2) The Chief Inspector—

(a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy,

(b) must ensure that a copy of the report is sent without delay to the early years childminder agency,

(c) must ensure that copies of the report, or such parts of it as the Chief Inspector considers appropriate, are sent to such other persons as may be prescribed, and

(d) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate.

(3) Regulations may make provision—

(a) requiring the early years childminder agency to make a copy of any report sent to it under subsection (2)(b) available for inspection by prescribed persons;

(b) requiring the agency, except in prescribed cases, to provide a copy of the report to prescribed persons;

(c) authorising the agency in prescribed cases to charge a fee for providing a copy of the report.

False representations

51F False representations

(1) A person who without reasonable excuse falsely represents that the person is an early years childminder agency commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”