As Parents I would like you to provide you with the following up-to-date legislation impacting on home-based childcare to ensure that your children are provided with the best care possible whilst with me. The two most important pieces of legislation covering home-based childcare are the Children Act (2004) and the Childminding and Daycare (wales) Regulations (2010).
The Children Act (2004)
Arose from the green paper ???Every Child Matters??™ and identifies five outcomes for all children:
??? Be healthy
??? Be safe
??? Enjoy and achieve
??? Make a positive contribution
??? Achieve economic well-being
The Childminding and Daycare (Wales) Regulations (2010)
These Regulations set out both the arrangements for inspections of those providing child minding and day care and also the information which the Welsh Ministers must provide to a local authority when certain steps are taken.
Regulation 2 confers the function of organising inspections of child minding and day care settings on the Welsh Ministers and Her Majesty??™s Chief Inspector of Education and Training in Wales (???Her Majesty??™s Chief Inspector???). A report must be prepared after each inspection. The report must be sent to the registered person. In the case of an inspection by Her Majesty??™s Chief Inspector the report must be sent to the Welsh Ministers where the Welsh Ministers request.
Inspection reports of day care provision must be published. Inspection reports of child minding may be provided either to parents of minded to children, to parents who are prospective clients or to the local authority for the area in question.
Regulation 3 requires the Welsh Ministers to provide certain information about a child minder or day care provider to a local authority when they propose to grant an application for registration.
Other legislations of relevance to you are:-
The Education Act (1997) ??“ This act has incorporated all Acts since 1944 into one. It has set a time frame on the legal process that identifies and assesses a child??™s needs as set out in the code of practice
Sex Discrimination Act (1975), Race Relations Act (1976) Amended in 2000 ??“ These Acts supported by the Equal opportunities Commission ensure that individuals are not discriminated against on the grounds of their sex, Equality of opportunity must be promoted within the setting and should develop a policy which is monitored and assessed.
Public Health (Control of Disease) Act (1984), RIDDOR (1995) and Health Protection Agency Act (2004) – All these legislations are focused on protecting people??™s health, covering notification and exclusion periods for certain infectious diseases and reporting of certain accidents and incidents.
Food Safety (General Food Hygiene) Regulations 1995 ??“ This sets out basic hygiene requirements (that is not yet expected of childminders, however a basic Food hygiene Certificate is considered good practice.) This is part of the registration process.
Code of practice for First Aid (1997) ??“ Gives guidance on the provision of trained first aiders and first aid provision.
The CSSIW (Care and Social Services Inspectorate Wales) are the regulatory body who encourage the improvement of social care, early years and social services. They regulate, inspect and review our childcare setting and provide professional advice to Ministers and policy makers.
The main role of the CSSIW is to make professional assessments and judgements about play settings within the early years and so encourage us to improve as service providers.
They encourage the improvement of social care, early years and social services by:
??? Inspecting and reviewing
??? Providing professional advice to Ministers and policy makers
The CSSIW are responsible for ensuring that our setting is meeting The National Minimum Standard for Regulated Childcare, the standards that as registered providers of childcare for children under the age of eight we are required to meet. Please do not hesitate to ask if you would like to read these in more detail.
Regulation consists of:
??? Registration ??“ they decide who can provide childcare services
??? Inspection ??“ we will have an inspection in the first year and then every two years from then on. A report will be published and will be available for parents to read
??? Complaints ??“ the CSSIW are responsible for investigating and dealing with complaints (where they cannot be dealt with by our own complaints procedures stated in our complaints policy)
??? Compliance ??“ supporting compliance and ensuring they meet with the regulations
??? Enforcement ??“ taking enforcement action to make sure that the requirements of the Care Standard Act and its associated regulations are being met within our setting