The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014

PART 4 E+W Supply and Disclosure of Information

General provisions E+W

13.—(1) For the purposes of regulations 14, 15, 16 and 20, information is not to be treated as prescribed information which may or must be disclosed—

(a) where it includes information as to the identity of any child to whom childcare is being or has been provided without the consent of a parent of the child identified; or

(b) where it includes information as to the identity of a parent or relative of such a child (unless the parent or relative in question is the childcare provider) without the consent of the parent or relative identified.

(2) For the purposes of regulations 14 to 20, information is not to be treated as prescribed information which may or must be disclosed where the childminder agency is required under any enactment, by any rule of law or by the order of the court not to disclose the information.

(3) In this regulation, “disclosure” includes making information available, or the provision of information, to a person or body, and “disclose” shall be construed accordingly.

Supply of information to the Secretary of State and Her Majesty's Revenue and Customs E+W

14.—(1) For the purposes of section 83A(1) of the Act, the information in paragraphs 1 to 5, 8, 9 and 19 of Schedule 2 is prescribed information which must be provided to the Secretary of State and Her Majesty's Revenue and Customs when a childminder agency takes the step mentioned in sub-paragraph (a) of section 83A(1) in relation to a person's registration, or any of the steps prescribed in paragraph (2).

[F1 (2) The prescribed steps are—

(a) approving the suitability of additional premises under regulation 7C of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008;

(b) cancellation of a person’s registration;

(c) suspension of a person’s registration, generally or only in relation to particular premises; or

(d) termination of a person’s registration at the person’s request.]

Textual Amendments

F1 Reg. 14(2) substituted (1.1.2016) by The Childcare (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1562), regs. 1(1), 9(2)

Supply of information to local authorities E+W

15.—(1) For the purposes of section 83A(1) of the Act, the information in paragraphs 1 to 12, 19 and 20 of Schedule 2 is prescribed information which must be provided to a relevant local authority when a childminder agency takes the step mentioned in sub-paragraph (a) of section 83A(1) in relation to a person's registration, or any of the steps prescribed in paragraph (2).

[F2 (2) The prescribed steps are—

(a) approving the suitability of additional premises under regulation 7C of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008;

(b) giving notice of intention to cancel a person’s registration;

(c) cancellation of a person’s registration;

(d) suspension of a person’s registration, generally or only in relation to particular premises; or

(e) termination of a person’s registration at the person’s request.]

Textual Amendments

F2 Reg. 15(2) substituted (1.1.2016) by The Childcare (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1562), regs. 1(1), 9(3)

Disclosure of information to assist parents or prospective parents E+W

16.  For the purposes of section 84A(1) of the Act, the information specified in paragraphs 1 to 6, 8 to 11 and 16 to 19 of Schedule 2 is prescribed information about a registered provider which a childminder agency may arrange to be made available for the purpose of assisting parents or prospective parents in choosing an early years or later years provider.

Disclosure of information to protect children from harm or neglect E+W

17.  For the purposes of section 84A(1) of the Act, the information specified in paragraphs 1 to 5, 13 to 15, 20 and 21 of Schedule 2 is prescribed information about a registered provider which a childminder agency may arrange to be made available for the purpose of protecting children from harm or neglect.

Required provision of information to child protection agencies and police forces E+W

18.—(1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, for the purpose of protecting children from harm or neglect, provide to that person such of the information mentioned in paragraphs 4, 13 to 15, 20 and 21 of Schedule 2 as has been requested and is held by the childminder agency in relation to that registered provider.

(2) The prescribed persons are—

(a) a child protection agency; and

(b) a local policing body, or a police authority or a chief officer within the meaning of section 126 of the Police Act 1997 M1 .

(3) In this regulation, “child protection agency” means the National Society for the Prevention of Cruelty to Children and any body or authority exercising statutory functions within the United Kingdom relating to the protection of children.

Marginal Citations

M1 The definition of “police authority” in section 126 of the Police Act 1997 (“the 1997 Act”) was amended by section 78(1) of, and paragraphs 20(1) and (3) of Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32), section 1 of, and paragraphs 221 and 224 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), in relation to Scotland by section 128(1) of, and paragraph 14(8)(b) of Schedule 7 to, the Police and Fire Reform (Scotland) Act 2012, and in relation to England and Wales by Article 25 of, and paragraphs 6(1) and 7(b) of Schedule 1 to, S.I. 2013/602. The definition of “chief officer” in the 1997 Act was amended by section 78(1) of, and paragraphs 20(1) and (2)(b) of Schedule 6 to, the Police (Northern Ireland) Act 2000 (c. 32), in relation to Scotland by section 128(1) of, and paragraph 14(8)(a) of Schedule 7 to, the Police and Fire Reform (Scotland) Act 2012, and in relation to England and Wales by Article 25 of, and paragraphs 6(1) and 7(a) of Schedule 1 to, S.I. 2013/602.

Required provision of information to various prescribed persons E+W

19.—(1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, for the purpose of protecting children from harm or neglect, provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by the childminder agency in relation to that registered provider.

(2) The prescribed persons are—

(a) a fostering agency within the meaning of section 4(4) of the Care Standards Act 2000 M2 ;

[F3 (aa) a provider of a fostering service (within the meaning of paragraph 5 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016);]

(b) a voluntary adoption agency within the meaning of section 4(7) of [F4 the Care Standards Act 2000];

[F5 (ba) a provider of an adoption service (within the meaning of paragraph 4(a) of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016;]

(c) the Welsh Ministers;

(d) Social Care and Social Work Improvement Scotland;

(e) a Health and Social Care Trust in Northern Ireland;

(f) a body acting on behalf of the Crown in the Channel Islands or in the Isle of Man;

(g) the national authority of [F6 a] member State of the European Economic Area having functions comprising the regulation of childcare; and

(h) a childminder agency.

(3) Subject to paragraph (4), the prescribed information is the information specified in paragraphs 1 to 6, 8, 9, 11, 14, 15, 19 and 20 of Schedule 2.

(4) Any information referred to in paragraph (3) is not to be treated as prescribed information which must be provided to a prescribed person where the information has previously been provided by the childminder agency to that prescribed person.

Textual Amendments

F3 Reg. 19(2)(aa) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 24(2)(a)

F4 Words in reg. 19(2)(b) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 24(2)(b)

F5 Reg. 19(2)(ba) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 24(2)(c)

F6 Word in reg. 19(2)(g) substituted (31.12.2020) by The Childcare (Miscellaneous Amendments) (EU Exit) (England) Regulations 2018 (S.I. 2018/1116), regs. 1, 4 (as amended by S.I. 2019/727, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2 2000 c. 14.

Required provision of information to parents E+W

20.—(1) Where a written request concerning a registered provider has been received from a person prescribed in paragraph (2), a childminder agency must, pursuant to section 84A(3) of the Act, for the purpose of—

(a) assisting parents in choosing an early years or later years provider; or

(b) protecting children from harm or neglect,

provide to that person such of the information prescribed in paragraph (3) as has been requested and is held by the childminder agency in relation to that registered provider.

(2) The prescribed persons are the parents of children to whom childcare is being or has been provided by the registered provider referred to in paragraph (1) or the parents of children for whom it is proposed that the registered provider will provide childcare.

(3) Subject to paragraph (4), the prescribed information is the information specified in paragraphs 1 to 4, 7, 16, 18 and 20 of Schedule 2.

(4) Any information referred to in paragraph (3) is not to be treated as prescribed information—

(a) where the information is available to the parent to whom it would fall to be provided by other means reasonably at the parent's disposal;

(b) where to provide the information would involve disproportionate effort or expense;

(c) where the circumstances indicate that the information is or may be sought in contemplation or furtherance of civil proceedings against the childminder agency or any other person or body; or

(d) where the information has previously been provided by the childminder agency to that parent.