PART 6Duties of English local authorities
Childcare for qualifying children of working parents
Duty to secure childcare available free of chargeI144
1
An English local authority must secure that childcare is made available free of charge for every child in its area who is a qualifying child of working parents.
2
The childcare must be—
a
provided by a childcare provider, and
b
made available for 570 hours during no fewer than 38 weeks in each year.
Arrangements for provision of childcare
Duty to make arrangements with childcare provider chosen by parentI245
1
The parent of a child in the area of an English local authority may choose a childcare provider to provide the childcare the local authority must secure for the child (see regulation 44).
2
The local authority must make arrangements for the childcare if the provider is willing—
a
to provide the childcare to the child, and
3
Paragraph (2) does not apply if the provider is any of the following—
a
a childcare provider the local authority has grounds to believe would not be able to satisfy a requirement the authority would impose if arrangements were made;
b
a childminder registered with an early years childminder agency that—
i
fails in its most recent inspection report (if any) to achieve a grade of “effective” or better, or
ii
notifies the local authority that, in the agency’s reasonable opinion, the childminder has ceased to provide childcare of satisfactory quality;
c
a childcare provider (other than a childminder registered with F1an early years childminder agency) that fails in its most recent inspection report (if any) to achieve Grade 3 (“requires improvement”) or better for the overall effectiveness of its childcare.
4
Paragraph (2)(b) does not apply if the provider is the governing body of a maintained school61.
Arrangements to provide for terminationI346
An English local authority must, as part of arrangements with a childcare provider under regulation 45(2), include provision authorising the local authority to terminate the arrangements if the provider—
a
ceases to be a childcare provider (see regulation 6), or
Requirements permissible in arrangementsI447
1
As part of any arrangements with a childcare provider under regulation 45(2), an English local authority may impose on the provider one or more of only the following requirements—
a
a requirement to enable the local authority to—
i
comply with its duty to make arrangements with a childcare provider chosen by the parent of a child (see regulation 45), and
ii
terminate the arrangements (see regulation 46);
b
a requirement for the purpose of satisfying one or more of the following objectives—
i
that the childcare is provided free of charge;
ii
that the childcare is provided in a pattern to suit the needs of the parents of the children for whom the childcare is provided;
iii
that any financial assistance provided by a local authority under the arrangements is used properly and in accordance with the arrangements;
c
a requirement for the purpose of meeting the needs of a child—
i
to whom the local authority owes a duty under regulation 45, and
ii
who has a disability or special educational needs;
d
a requirement that the provider actively promotes the fundamental British values of —
i
democracy,
ii
individual liberty,
iii
mutual respect and tolerance of those with different faiths and beliefs, and
iv
the rule of law;
e
a requirement that views or theories contrary to established scientific or historical evidence and explanations are not promoted as evidence-based views or theories;
f
a requirement that, if the childcare provider (being other than a childminder registered with F2an early years childminder agency) achieves in its most recent inspection report (if any) the minimum grade mentioned in regulation 45(3)(c) or worse, the provider takes the measures specified in the report—
i
to improve the overall effectiveness of its childcare, and
ii
which may include the participation in any training or other quality improvement programme specified in the report;
g
a requirement necessary for the effective administration of the arrangements.
Requirements prohibited in arrangementsI548
An English local authority must not, as part of arrangements with a childcare provider under regulation 45(2), impose on the provider any of the following—
a
a requirement that the provider attend a training or other quality improvement programme other than that specified in an inspection report;
b
a requirement subjecting the provider to a quality assessment process conducted by the local authority relating to—
i
in the case of a childminder registered with an early years childminder agency, the quality of the agency’s services, or
ii
in the case of any other childcare provider, the quality of the provider’s childcare.
Guidance in discharging of functions
Duty of English local authority to have regard to guidanceI649
An English local authority must, when discharging its duties under these Regulations, have regard to any guidance given from time to time by the Secretary of State.