Duty to make arrangements with childcare provider chosen by parentE+W
45.—(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
(b)to accept as part of the arrangements—
(i)the local authority’s terms as to payment for the childcare,
(ii)the mandatory termination provision (see regulation 46), and
(iii)any requirements the local authority seeks to impose (see regulation 47).
(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;
[F1(c)a childcare provider (other than a childminder registered with an early years childminder agency)—
(i)that was not inspected on or after 2nd September 2024 under section 5 of the Education Act 2005, and 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; or
(ii)that was inspected on or after 2nd September 2024 under section 5 of the Education Act 2005, and the Chief Inspector has determined that significant improvement or special measures are required (within the meaning of section 13(1) of the Education Act 2005) in the most recent inspection report published in respect of the provision.]
(4) Paragraph (2)(b) does not apply if the provider is the governing body of a maintained school(1).
Textual Amendments
F1Reg. 45(3)(c) substituted (20.12.2024) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024 (S.I. 2024/1228), regs. 1(b), 3(3)
Commencement Information
I1Reg. 45 in force at 1.12.2022, see reg. 1(b)
Arrangements between an English local authority and the governing body of a maintained school are regulated by statute, in particular the School Standards and Framework Act 1998 (c. 31).