The Early Years Foundation Stage (Welfare Requirements) Regulations 2012

Citation and commencement

1.  These Regulations may be cited as the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 and come into force on 1st September 2012.

Interpretation

2.  In these Regulations—

“the Act” means the Childcare Act 2006;

“the Document” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 27th March 2012 on the website of the Department for Education;

“registered early years provider” means a person who is registered in the early years register under Chapter 2 of Part 3 of the Act.

Specification of the welfare requirements

3.—(1) Regulations 7, 8 and 9 specify welfare requirements under section 39(1)(b) of the Act.

(2) It is directed that the provisions in Section 3 of the Document have effect, for the purposes of specifying the welfare requirements under section 39(1)(b) of the Act.

(3) Early years providers to whom section 40 of the Act(1) applies must have regard to the matters in Section 3 of the Document in securing that the early years provision they provide complies with the welfare requirements.

Requirement on the Chief Inspector

4.  The Chief Inspector must have regard to the welfare requirements specified in regulation 3 and the matters in Section 3 of the Document in exercising functions under Part 3 of the Act.

Matters to be considered by the Chief Inspector

5.  Any allegation that an early years provider has—

(a) failed to meet the welfare requirements; or

(b) failed to have regard to the matters in Section 3 of the Document

may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act.

Proceedings under Part 3 of the Act

6.  Any allegation that an early years provider has—

(a) failed to meet the welfare requirements; or

(b) failed to have regard to the matters in Section 3 of the Document

may be taken into account in any proceedings under Part 3 of the Act.

Welfare of children: prohibition on corporal punishment

7.—(1) A registered early years provider must not use corporal punishment on a child for whom early years provision is provided and, so far as is reasonably practicable, must ensure that corporal punishment is not used on any such child by—

(a) any person who cares for, or is in regular contact with, children; or

(b) any person living or working on the premises on which the early years provision is provided.

(2) A person will not be taken to have used corporal punishment for the purposes of paragraph (1) if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person including the child.

(3) For the purposes of paragraphs (1) and (2) above, “corporal punishment” means anything done for the purposes of punishing the child (whether or not there are other reasons for doing it) which, absent any justification, would constitute battery.

Provision of information

8.—(1) A registered early years provider must notify the Chief Inspector of the occurrence of any of the events set out in the Schedule to these Regulations and must at the same time provide the Chief Inspector with the information specified in that Schedule in respect of that event.

(2) The notification and information referred to in paragraph (1) must be provided to the Chief Inspector—

(a) where it is reasonably practicable to do so, in advance of the event occurring; and

(b) in all other cases as soon as reasonably practicable, but in any event within 14 days beginning with the date that the event occurred.

(3) Where the registered early years provider is required to notify the Chief Inspector of a change of person under paragraphs 11(a) or 12(a) or (b) of the Schedule, the notification must include the new person’s—

(a) full name, and any former name or alias,

(b) date of birth, and

(c) home address.

Provision of information relating to disqualification

9.—(1) A registered early years provider must provide the following information to the Chief Inspector—

(a) details of any order, determination, conviction or other ground for disqualification from registration made or applying in relation to a person listed in paragraph (2) which results in that person being disqualified from registration under regulations made under section 75 of the Act (disqualification from registration);

(b) the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;

(c) the body or court by which the order, determination or conviction was made and the sentence, if any, imposed;

(d) in relation to an order or conviction, a certified copy of the relevant order or court order.

(2) The persons in respect of whom the information referred to in paragraph (1) must be provided are—

(a) the registered early years provider; and

(b) any person who lives in the same household as the registered early years provider or who is employed in that household.

(3) The information referred to in paragraph (1) must be provided to the Chief Inspector as soon as reasonably practicable, but in any event within 14 days beginning with the date on which the registered early years provider became aware of that information or ought reasonably to have become aware of it if they had made reasonable enquiries.

Failure to comply with welfare requirements notice

10.—(1) Where the Chief Inspector considers that a registered early years provider to whom section 40 applies has failed or is failing to comply with the welfare requirements the Chief Inspector may give a notice to the registered early years provider specifying—

(a) in what respect the registered early years provider has failed or is failing to comply with those requirements; and

(b) where appropriate—

(i) what action the registered early years provider should take to comply; and

(ii) the period within which the registered early years provider should take that action, such period to begin with the date of the notice.

(2) The registered early years provider must comply with the terms of the notice within the period specified in the notice.

(3) A notice under this regulation must be given in accordance with regulation 11.

Service of the welfare requirements notice

11.—(1) A notice may be given to a registered early years provider by the Chief Inspector—

(a) by delivering it to the provider,

(b) by sending it by post,

(c) subject to paragraph (2), by transmitting it electronically.

(2) If the notice is transmitted electronically, it is to be treated as given only if the following requirements are met—

(a) the person upon whom the notice is required or authorised to be given must have indicated to the Chief Inspector a willingness to receive notices transmitted by electronic means and must have provided an address suitable for that purpose; and

(b) the notice must be sent to the address provided by the person.

(3) An indication given for the purposes of paragraph (2) must be given for the purpose of the service of notices under this regulation.

(4) For the purposes of section 7 of the Interpretation Act 1978 (references to service by post) a notice under this regulation is to be treated as properly addressed if it is addressed to the registered early years provider at the address notified to the Chief Inspector as the address to which correspondence to the registered early years provider should be sent.

Offence

12.—(1) A registered early years provider who, without reasonable excuse, fails to comply with the requirements of regulation 7(1), 8(1), 8(2) or 10(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Proceedings under this regulation may only be taken—

(a) by the Chief Inspector, and

(b) after the Chief Inspector has allowed a period not exceeding one month, beginning with the date the Chief Inspector notified the registered early years provider of the decision to take proceedings, for the registered early years provider to make representations.

Revocations

13.  The following regulations are revoked—

The Early Years Foundation Stage (Welfare Requirements) Regulations 2007(2);

• The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008(3);

• The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2009(4).

Sarah Teather

Minister of State

Department for Education

26th March 2012