Regulation 12
1. Children being cared for are kept safe from harm.
2. At least one person who is caring for children on the relevant premises has an appropriate first aid qualification.
3. A registered person who is registered as a childminder is present at all times on the relevant premises while the childcare is being provided.
4.—(1) In the case of a registered person who is registered as a provider of childcare other than a childminder, at least two persons who have attained the age of 18 are present at all times on the relevant premises while the childcare is being provided.
(2) Of the two persons required to be present by sub-paragraph (1)—
(a)at least one such person is either the registered person, the manager or a person who works for the registered person caring for the children for whom the childcare is provided, and
(b)any other such person is suitable to care for children,
and for the purposes of this sub-paragraph a person is unsuitable to care for children unless the registered person is satisfied that an enhanced criminal record certificate has been obtained in respect of that person.
5. When a person who has not attained the age of 18 is caring for the children for whom the childcare is provided, that person is supervised at all times by a person who has attained the age of 18.
6.—(1) In the case of a registered person who is not a home child-carer, the registered person ensures, so far as is reasonably practicable, that no person smokes tobacco, or consumes or is under the influence of alcohol or drugs (including medication that may have an adverse effect on the person’s ability to care for children)—
(a)on the relevant premises while childcare is being provided, or
(b)in the presence of a child for whom childcare is being provided.
(2) In the case of a registered person who is a home child-carer, the registered person—
(a)does not smoke, or consume alcohol or drugs (including medication that may have an adverse effect on the registered person’s ability to care for children), and
(b)is not under the influence of alcohol or drugs (including medication that may have an adverse effect on the registered person’s ability to care for children),
while providing childcare.
7.—(1) The registered person does not give, and ensures that no person who cares for the children gives, corporal punishment to a child for whom the childcare is being provided.
(2) In the case of a registered person who is not a home child-carer, the registered person ensures, so far as is reasonably practicable, that no person living or working on the relevant premises gives corporal punishment to a child for whom the childcare is being provided.
(3) In this paragraph “corporal punishment” means anything done for the purpose of punishing a child (whether or not there are other reasons for doing it) which, absent any justification, would constitute battery.
8.—(1) In the case of a registered person who is not a home child-carer, a written statement of procedures be followed to safeguard the children being cared for from abuse or neglect, is available and observed.
(2) In the case of a registered person who is a home child-carer, the registered person ensures that they have appropriate knowledge of procedures to be followed to safeguard children from abuse or neglect.
9.—(1) In the case of a registered person who is not a home child-carer, the registered person ensures that no individual who is unsuitable to care for children has unsupervised contact with a child for whom the childcare is being provided.
(2) For the purposes of sub-paragraph (1), a person is unsuitable to care for children unless the registered person is satisfied that an enhanced criminal record certificate has been obtained in respect of that person.
10.—(1) The registered person and any person caring for the children for whom the childcare is being provided—
(a)is suitable to work with children,
(b)is of integrity and good character,
(c)has skills and experience suitable for the work, and
(d)is physically and mentally fit for the work.
(2) The registered person has in place an effective system to ensure that every person caring for such children satisfies the requirements in sub-paragraph (1).
(3) The registered person is satisfied that an enhanced criminal record certificate has been obtained in respect of every person who cares for the children for whom the childcare is provided.
11.—(1) Every person who—
(a)lives on the relevant premises, or
(b)works (including on a voluntary basis) on the relevant premises at times when the childcare is provided,
is suitable to be in regular contact with children.
(2) For the purposes of this paragraph, a person is unsuitable to be in regular contact with children unless the registered person is satisfied that an enhanced criminal record certificate has been obtained in respect of that person.
12.—(1) At least one person who is caring for children on the relevant premises has—
(a)a qualification at a minimum of level 2 in an area of work relevant to the childcare, or
(b)successfully completed training in the core skills as set out in the document “Common Core of Skills and Knowledge for the Children’s Workforce”(1).
(2) In sub-paragraph (1)(a), “level 2” means level 2 as set out in the National Qualifications Framework and determined by the Qualifications and Curriculum Authority.
13.—(1) The relevant premises and the equipment used for the purposes of the childcare are suitable for such provision, and in particular—
(a)in the case of a registered person who is not a home child-carer, the relevant premises are safe for such provision,
(b)a child is not able to leave the relevant premises without a person who is caring for children on those premises becoming aware of the child leaving, except where—
(i)the childcare is open access childcare, or
(ii)the registered person has agreed with the parent of a child who is not a young child(2) that the requirement in this paragraph shall not apply, and
(c)no person is able to enter the relevant premises without a person who is caring for the children on those premises being aware of the entry of that person.
(2) In this paragraph, “open access childcare” means childcare, other than childminding, under the arrangements for which a child, other than a young child, may leave the relevant premises unaccompanied.
14.—(1) In the case of a registered person who is not a home child-carer, an assessment is undertaken to identify any risks to the health or safety of children for whom childcare is provided, arising from the relevant premises (including the means of access to and exit from those premises), the equipment used for the purposes of the childcare, and the activities provided—
(a)at least once in each calendar year, and
(b)immediately, where the need for such an assessment arises,
and all necessary measures are taken to minimise any identified risks.
(2) In the case of a registered person who is a home child-carer, the registered person advises the parents of a child for whom the childcare is being provided of any risks to the health or safety of such a child arising from the relevant premises, the equipment used for the purposes of the childcare and the activities provided by the registered person.
15. In the case of a registered person who is not a home child-carer, arrangements are in place with other childcare providers, or with parents of the children for whom the childcare is provided, for occasions on which the registered person is not able to provide the childcare.
16. The behaviour of the children is managed in a suitable manner.
17. The registered person ensures that any childcare provided for children who have attained the age of eight does not have an adverse impact on childcare provided for any children who have not attained that age.
18.—(1) No child is refused childcare or, whilst being cared for, is treated less favourably than another child by reason of—
(a)the race, home language, family background or gender of the child,
(b)the religion or belief of the child or the child’s parents, or
(c)any disability (within the meaning of section 1(1) of the Disability Discrimination Act 1995) or learning difficulty (within the meaning of section 312(2) of the Education Act 1996) which the child may have.
(2) In relation to a physical feature of the relevant premises which makes it impossible or unreasonably difficult for disabled children to be cared for, the registered person is treated as complying with this paragraph if the duty in section 21 of the Disability Discrimination Act 1995 (duty of providers of services to make adjustments) has been complied with.
19.—(1) In the case of a registered person who is not a home child-carer, the registered person ensures that—
(a)there is a written statement of procedures to be followed in relation to complaints,
(b)each complaint is fully investigated,
(c)a written record is made of any complaint, the outcome of the investigation and any action taken,
(d)the person who made the complaint is provided, as soon as is reasonably practicable, and in any event within 20 days of the date on which the complaint was made, with an account (in writing if requested by that person), of the findings of the investigation into the complaint and any action that has been taken or is to be taken as a result,
(e)at the request of the Chief Inspector, and within such reasonable period as the Chief Inspector specifies, the Chief Inspector is supplied with—
(i)a statement containing a summary of any complaints made during the preceding 12 months and any action taken, or
(ii)a list of all complaints recorded under paragraph (c) during such period of time as may be specified by the Chief Inspector (provided that such period does not begin more than two years before the request is made), and
(f)the record referred to in paragraph (c) is retained for a period of two years from the date on which it was made.
(2) In sub-paragraph (1), a “complaint” means a complaint by a parent in respect of a child for whom the childcare is being provided which—
(a)is made in writing to the registered person, and
(b)relates to any of the requirements in this Schedule.
20. Subject to paragraph 21, in relation to each child for whom the childcare is provided, a record is maintained consisting of—
(a)the child’s name, home address and date of birth,
(b)the name, home address and telephone number of the child’s parents, and
(c)the days on which, and hours during which, the child has attended the relevant premises.
21. Paragraph 20 does not apply if—
(a)the registered person is a home child-carer, or
(b)the childcare is open-access childcare (as defined in paragraph 13(2)).
22. In the case of a registered person who is not a home child-carer, a record is maintained of accidents occurring on the relevant premises.
23. In the case of a registered person who is not a home child-carer, a record is maintained of any medicinal product administered to a child for whom the childcare is provided, including—
(a)the date and circumstances of its administration,
(b)by whom it was administered, and
(c)a record of consent.
24. In the case of a registered person who is not a home child-carer, a record is maintained of the name, home address and telephone number of every person living or working on the relevant premises.
25. A record specified in paragraphs 20 and 22 to 24 is made as soon as is reasonably practicable after the event to which it relates occurs, or the information to which it relates is available, and is retained for a period of two years from the date on which the record was made.
26.—(1) In the case of a registered person who is not a home child-carer, the following information is made available to parents of children for whom the childcare is provided—
(a)information about the activities the children will undertake,
(b)in the case of childcare which is open access childcare (as defined in paragraph 13(2)), a statement to that effect,
(c)copies of the written statements of procedures referred to in paragraphs 8 and 19(1)(a),
(d)information about the system of registration under Chapter 4 of Part 3 of the Act, and
(e)the address of the Chief Inspector.
(2) In the case of a registered person who is a home child-carer, the registered person provides parents with—
(a)information about the system of registration under Chapter 4 of Part 3 of the Act, and
(b)the address of the Chief Inspector.
27.—(1) Subject to paragraph 28, if any of the events specified in sub-paragraph (2) takes place, the registered person—
(a)notifies the Chief Inspector as soon as is reasonably practicable, and
(b)provides the Chief Inspector with information relating to the event as soon as is reasonably practicable, and in any event within 14 days of the event occurring.
(2) The events are—
(a)the death of, or serious accident or serious injury to, a child for whom the childcare is provided,
(b)the death of, or serious accident or serious injury to, any other person on the relevant premises,
(c)the sudden serious illness of a child for whom the childcare is provided,
(d)any allegation that serious harm to, or abuse of, a child for whom the childcare is provided has taken place—
(i)on the relevant premises, caused by any person, or
(ii)other than on the relevant premises, caused by any person who cares for, or is in regular contact with, the children for whom the childcare is being provided, and
(e)any incident of food poisoning affecting two or more children for whom the childcare is provided.
28.—(1) In the case of a registered person who is not a home child-carer, paragraph 27 applies in relation to events occurring while the registered person is providing childcare, and in relation to any other events of which the registered person is aware.
(2) In the case of a registered person who is a home child-carer, paragraph 27 applies in relation to events occurring while the registered person is providing childcare.
29. The Chief Inspector is informed of—
(a)any significant event which is likely to affect the suitability to care for children, of the registered person or any person caring for the children for whom the childcare is provided,
(b)any significant event which is likely to affect the suitability to be in regular contact with children, of any person who has attained the age of 16 and who—
(i)lives on the relevant premises, or
(ii)works (including on a voluntary basis) on the relevant premises at times when childcare is provided, and
(c)any change in circumstances which affects the information held by the Chief Inspector as a result of the requirements of—
(i)Part 2 of Schedule 4 (in the case of a childminder), or
(ii)Part 2 of Schedule 5 (in the case of a provider of childcare other than a childminder).
30. The registered person is covered by insurance in respect of liability which may be incurred for death, injury, public liability, damage or other loss.
31.—(1) In the case of a registered person who is not a home child-carer, the certificate of registration given to the registered person under section 64 or section 92 of the Act is displayed on the relevant premises.
(2) In the case of a registered person who is a home child-carer, a copy of the certificate of registration given to the registered person under section 64 or section 92 of the Act is given to a parent on request.
32.—(1) If a registered person who is not a home child-carer is suspended under regulations made under section 69 of the Act, any notice of suspension given to the registered person is displayed on the relevant premises during the period of suspension.
(2) If a registered person who is a home child-carer is suspended under regulations made under section 69 of the Act, the registered person shows any notice of suspension given to the registered person to the parent of each child for whom childcare is provided.
33. In this Schedule “registered person” means a person who is registered in Part B of the general childcare register.
ISBN 1-84478-375-8.
See section 19 of the Childcare Act 2006 for the definition of “young child”.