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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Children and Families Bill, As Amended
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| To move the following Clause:— |
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| | ‘(1) | Regulations may make provision for an EHC plan maintained for a child or young |
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| | person by one local authority to be transferred to another local authority in |
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| | England, where the other authority becomes responsible for the child or young |
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| | (2) | The regulations may in particular— |
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| | (a) | impose a duty on the other authority to maintain the plan; |
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| | (b) | treat the plan as if originally prepared by the other authority; |
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| | (c) | treat things done by the transferring authority in relation to the plan as |
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| | done by the other authority.’. |
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| | Childcare costs scheme: preparatory expenditure |
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| To move the following Clause:— |
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| | ‘The Commissioners for Her Majesty’s Revenue and Customs may incur |
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| | expenditure in preparing for the introduction of a scheme for providing assistance |
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| | in respect of the costs of childcare.’. |
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| | Regulation of child performance |
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| To move the following Clause:— |
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| | ‘(1) | In section 37 of the Children and Young Persons Act 1963 (Restriction on persons |
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| | under 16 taking part in public performances, etc.) the words “under the |
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| | compulsory school leaving age” shall be inserted after the word “child” in |
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| | (2) | After subsection (2) there shall be inserted— |
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| | “(2A) | In this section, “Performance” means the planned participation by a child |
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| | aged under the compulsory school leaving age in a public entertainment |
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| | production, unless that participation— |
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| | (a) | involves risks that are no greater than the risks faced by that child |
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| | in the ordinary course of his life and does not require the child to |
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| | be absent from school or requires an absence from school of not |
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| | more than four days in a six month period and such absence is |
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| | authorised by the school; |
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| | (b) | involves the child doing that which he would do in any event in |
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| | the ordinary course of his life; or |
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| | (c) | involves the creation of audio-visual content where there is an |
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| | overriding public interest in the child’s participation.”. |
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| | (3) | Subsection (3)(a) of that section shall be repealed. |
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| | (4) | After subsection (5) of that section there shall be inserted— |
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| | “(5A) | Regulations under this section shall provide for the local authority to give |
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| | reasons for any refusal of a licence under this section and shall specify |
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| | any mitigating action which would be required to allow a licence to be |
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| | (5B) | A refusal of a local authority to grant a licence may be reversed on |
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| | (5) | Subsection (6) of that section shall be repealed. |
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| | (6) | After subsection (7) the following shall be inserted— |
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| | “(7A) | A licence granted by a local authority shall be transferrable to another |
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| | local authority if the child moves residence from one local authority area |
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| | (7) | Section 38 of the Act (Restriction on licences for performances by children under |
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| | (8) | After section 39 of the Act, there shall be inserted— |
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| | “39A | Presumption that a licence should be issued |
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| | (1) | There shall be a presumption that a licence shall be issued unless there is |
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| | identifiable potential harm that cannot be mitigated by any other action. |
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| | (2) | For the purposes of this section— |
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| | (a) | “identifiable potential harm” shall be any outcome that acts |
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| | adversely against the wellbeing of the child; |
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| | (b) | “mitigated” shall mean such reasonable action that secures the |
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| | safety of the child from the impact on their wellbeing; and |
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| | (c) | “wellbeing” includes the physical, mental and emotional |
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| | condition and interests of the child. |
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| | (1) | The Secretary of State shall issue guidance to local authorities on the |
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| | criteria for issuing licences and the conditions which shall apply to them; |
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| | and this guidance may make different provision for children falling |
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| | within different age bands applicable to their development age. |
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| | (2) | Guidance shall include a requirement for the local authority’s decision to |
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| | be based on an assessment of the risks involved in the child’s |
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| | participation in the performance. |
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| | (3) | Guidance shall include the safeguarding arrangements which shall be |
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| | made in regard to participation in sporting activities; and in drawing up |
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| | this guidance the Secretary of State shall consult sports governing bodies. |
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| | (4) | Guidance shall require the local authority, in considering the terms on |
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| | which a licence is issued, to have regard to the number of days actually |
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| | worked spread across a particular period. |
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| | (5) | Guidance shall require local authorities to provide for on-line |
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| | applications for licences, to deal with all licences in time if submitted at |
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| | least 10 days before they are to come into effect, or five days in respect |
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| | of a repeated application. |
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| | (6) | Guidance shall provide for local authorities to inspect sites where |
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| | children taking part in performances are to be accommodated, if they will |
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| | be residing alongside unconnected adults. |
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| | (7) | Guidance shall provide for local authorities to disregard absence in |
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| | connection with licensed performances in school records for authorised |
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| | (8) | Guidance shall provide that local authorities shall require that matrons or |
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| | chaperones shall operate under standards accepted by the appropriate |
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| | (9) | Guidance shall also include the circumstances in which it is appropriate |
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| | to authorise a body of persons to organise a performance for which |
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| | licences will not be required by virtue of section 37(3)(b) of this Act, |
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| | including where the performers are of 13 years or upwards or if the body |
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| | is an amateur body and has a nominated child protection person who has |
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| | received appropriate training and is independent of the chaperone. |
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| | (10) | Guidance under this section shall be laid before Parliament and shall be |
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| | subject to annulment in pursuance of a resolution of either House of |
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| | Parliament as if it were contained in a statutory instrument subject to such |
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| | (9) | Clause 42 of the Act (Licences for children and young persons performing |
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| | abroad) shall be amended by inserting after subsection (1)— |
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| | “(1A) | Licences under section 25 of the principal Act in relation to performances |
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| | as defined under this Act shall be issued by local authorities rather than |
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| | as specified in the principal Act.”. |
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| | (10) | In subsection (2) of that section the words after the word “granted” shall be |
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| | replaced by the words “regardless of the age of the child”. |
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| | (11) | In the Children (Performances) Regulations 1968 (SI 1968/1728)— |
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| | (a) | In Regulation 8 (Medical examinations) in paragraph (2), the words |
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| | “performance taking place within a period of six months from the date of |
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| | the said medical examination” shall be replaced by the words “later |
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| | (b) | At the end of Regulation 10 (Education) there shall be inserted— |
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| | “(6) | The child’s parents or guardians must inform the child’s school |
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| | of any days on which the child will be absent by reason of taking |
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| | (c) | In Regulation 12(3) (maximum number of other children a matron shall |
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| | have charge of), “eleven” shall be replaced by “nine”. |
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| | (d) | At the end of Regulation 12 (Matrons) there shall be inserted— |
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| | “(7) | A matron in respect of a performance organised by an amateur |
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| | body who is unpaid shall not require local authority approval |
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| | provided that he or she is CRB-checked and is independent of the |
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| | nominated child protection person.”. |
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| | (e) | Regulation 17 (Further medical examinations) shall cease to have |
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| | Continuing support for former foster children |
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| To move the following Clause:— |
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| | ‘Section 23C of the Children Act 1989 (continuing functions in respect of former |
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| | relevant children) is amended by the insertion of the following subsections after |
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| | “(5ZA) | The assistance given under subsection 4(c) shall include the continuation |
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| | of accommodation with the former local authority foster parent, unless— |
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| | (a) | the former relevant child states that he or she does not wish to |
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| | continue residing in such accommodation, or |
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| | (b) | the former local authority foster parent does not wish to continue |
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| | to provide accommodation, or |
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| | (c) | it is not reasonably practicable to arrange such accommodation. |
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| | (5ZB) | ‘Former local authority foster parent’ means a local authority foster |
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| | parent within the meaning of section 22C(12) with whom the former |
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| | relevant child, as a looked after child, was placed under section 22C(6)(a) |
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| | Assessment and support of young carers |
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| To move the following Clause:— |
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| | ‘(1) | Where it appears to a local authority that a child within their area may provide or |
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| | be about to provide care to an adult or a child who is disabled, the authority |
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| | (a) | assess whether the child has needs for support relating to their caring role |
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| | (or is likely to have such needs in the future); and |
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| | (b) | if the child is found to have such needs, set out what those needs are (or |
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| | are likely to be in the future). |
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| | (2) | Having carried out an assessment under subsection (1) the authority must meet |
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| | those needs for support which it considers to be necessary to meet in order to |
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| | safeguard and promote the child’s welfare. |
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| | (3) | Having carried out an assessment under subsection (1), a local authority must also |
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| | consider whether the adult is or may be eligible for assessment under the Care Act |
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| | 2013, and if so must ensure such an assessment is carried out unless that adult |
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| | (4) | Having carried out an assessment under subsection (1) a local authority must |
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| | consider whether, in the case of a child who is caring for a disabled child, the child |
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| | being cared for requires an assessment under the Children Act 1989 and if so shall |
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| | carry out that assessment unless the person with parental responsibility for that |
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| | (5) | The Secretary of State shall issue guidance in relation to the duties set out above |
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| | having consulted with persons whom the Secretary of State considers to be |
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| | appropriate, the said guidance to be issued under section 7 of the Local Authority |
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| | Social Services Act 1970. |
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| | (6) | Any service provided by an authority in the exercise of functions conferred on |
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| | them under this section may be provided for the family or for any member of the |
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| | child’s family, and may include— |
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| | (a) | services to the adult the child is providing care to meet the adult’s needs |
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| | for care and support; and |
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| | (b) | services to the adult to enhance their parenting capacity. |
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| | If such services are provided with a view to safeguarding and promoting the |
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| | Staff to child ratios: Ofsted-registered childminder settings |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to Ofsted-registered childminder settings. |
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| | (2) | The ratio of staff to children under the age of eight must be no less than one to |
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| | (a) | a maximum of three children may be young children; |
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| | (b) | a maximum of one child is under the age of one. |
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| | (3) | Any care provided by childminders for older children must not adversely affect |
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| | the care of children receiving early years provision. |
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| | (4) | If a childminder can demonstrate to parents, carers and inspectors, that the |
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| | individual needs of all the children are being met, then in addition to the ratio set |
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| | out in subsection (2), they may also care for— |
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| | (a) | babies who are siblings of the children referred to in subsection (2), or |
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| | (5) | If children aged between four and five years only attend the childminding setting |
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| | outside of normal school hours or the normal school term time, they may be cared |
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| | for at the same time as three other young children, provided that at no time the |
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| | ratio of staff to children under the age of eight exceeds one to six. |
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| | (6) | If a childminder employs an assistant or works with another childminder, each |
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| | childminder or assistant may care for the number of children permitted by the |
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| | ratios specified in subsections (2), (4), and (5). |
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| | (7) | Children may only be left in the sole care of a childminder’s assistant for two |
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| | (8) | Childminders must obtain the permission of a child’s parents or carers before that |
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| | child can be left in the sole care of a childminder’s assistant. |
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| | (9) | The ratios in subsections (2), (4) and (5) apply to childminders providing |
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| | overnight care, provided that the children are continuously monitored, which may |
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| | be through the use of electronic equipment. |
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| | (10) | For the purposes of this section a child is— |
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| | (a) | a “young child” up until 1 September following his or her fifth birthday. |
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| | (b) | an “older child” after the 1 September following his or her fifth |
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| | Staff to child ratios: Ofsted-registered non-domestic childcare settings |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to Ofsted-registered, non-domestic childcare settings. |
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| | (2) | For children aged under two— |
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| | (a) | the ratio of staff to children must be no less than one to three; |
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| | (b) | at least one member of staff must hold a full and relevant level 3 |
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| | qualification, and must be suitably experienced in working with children |
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| | (c) | at least half of all other members of staff must hold a full and relevant |
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| | (d) | at least half of all members of staff must have received training in care |
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| | (e) | where there is a dedicated area solely for children under two years old, |
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| | the member of staff in charge of that area must, in the judgement of their |
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| | employer, have suitable experience of working with children under two |
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| | (3) | For children between the ages of two and three— |
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| | (a) | the ratio of staff to children must be no less than one to four; |
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| | (b) | at least one member of staff must hold a full and relevant level 3 |
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| | (c) | at least half of all other members of staff must hold a full and relevant |
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| | (4) | Where there is registered early years provision, which operates between 8 am and |
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| | 4 pm, and a member of staff with Qualified Teacher status, Early Years |
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| | Professional status or other full and relevant level 6 qualification is working |
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| | directly with the children, for children aged three and over— |
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| | (a) | the ratio of staff to children must be no less than one to 13; and |
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| | (b) | at least one member of staff must hold a full and relevant level 3 |
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| | (5) | Where there is registered early years provision, which operates outside the hours |
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| | of 8 am and 4 pm, and between the hours of 8 am and 4 pm, where a member of |
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