Childcare Bill [HL]

Insert the following new Clause—

“Consultation and reviews

In order to ensure that the duty in section 1(1) can be implemented

effectively, the Secretary of State shall, before the end of 2017—

(a)    arrange for the following to be conducted and completed—

(i)   a review of the cost of providing childcare;

(ii)   an impact assessment for the provisions of section 1;

(iii)   a consultation with parents and childcare providers;

(iv)   a review of the 2016 pilot scheme;

(v)   the taskforce on childcare led by the Minister of
Employment in the Department for Work and Pensions;

(b)   arrange for a report on each of the pieces of work under paragraph
(a) to be laid before Parliament; and

(c)   publish and make available for consultation a draft of any
regulations which the Secretary of State intends to make under
section 1.”

Insert the following new Clause—

“Welfare of children in the delivery of childcare under this Act

(1)      In exercising her duties under this Act, the Secretary of State shall—

(a)   hold the welfare of all children as paramount in the delivery of
childcare in England;

(b)   promote the progressive development of persons and institutions
which provide childcare;

(c)   promote the effective execution by local authorities of their
childcare duties under Part 1 of the Childcare Act 2006;

(d)   ensure that childcare provision under sections 1 and 2 provides
valuable early years education and contributes to closing gaps
between children from disadvantaged backgrounds and their
peers; and

(e)   ensure that childcare in early years settings should provide caring

and positive experiences which support children’s development
and prepare children to thrive at school and in later life.

(2)      In this Act “welfare” in relation to childcare means the welfare of children
in childcare in so far as it relates to—

(a)   physical and mental health and emotional welfare;

(b)   protection from harm and neglect;

(c)   education and recreation; and

(d)   social and economic welfare.”

Page 1, line 3, leave out “The Secretary of State” and insert “Every English local
authority”

Page 1, line 3, after “that” insert “high-quality”

Page 1, line 4, after “working” insert “or homeless”

Page 1, line 5, at end insert—

“(1A)     For the purposes of securing “high-quality childcare” under subsection (1),
the Secretary of State must, within 6 months of this section coming into
force, lay a report before both Houses of Parliament setting out her strategy
for developing the early years workforce.

(1B)     The strategy mentioned in subsection (1A) must include in particular—

(a)   a target for the number of graduates in the early years workforce,

(b)   a target for the proportion of managers of early years settings who
are graduates, and

(c)   a plan for increasing the number of nursery schools to a specified
level.”

Page 1, line 5, at end insert—

“(1A)     For the purposes of subsection (1), “high-quality childcare” means
childcare which complies with standards that shall be set out by the
Secretary of State in regulations made under subsection (4), which shall

reflect—

(a)   the unique affective relationship between a child and their mother
or principal carer,

(b)   the importance for a child of learning in their early years how to
love and be loved,

(c)   the importance for a child of learning in their early years the basis
of the relationship skills which they will need and which will help
them as they grow up into adulthood, and

(d)   the positive role which high-quality childcare can play in
developing and supporting children/parent relationships.”

Page 1, line 6, leave out “of working parents”

Page 1, line 10, at end insert—

“( )      “Working parents” shall be taken to include parents who—

(a)   are care leavers in education or training,

(b)   are on courses to improve their literacy or numeracy,

(c)   are foster carers currently caring for one or more foster child, or

(d)   have one or more child at risk of significant harm.”

Page 1, line 10, at end insert—

“( )     Regulations under subsection (2)(c) must ensure that the description of
“qualifying child of working parents” includes children between the ages
of 1 and 2 years.”

Page 1, line 10, at end insert—

“( )      “Working parents” means—

(a)   parents who work a minimum of 8 hours a week each,

(b)   a single parent who works 8 hours a week,

(c)   a parent who is not in work but is receiving work-related training,

(d)   a parent who is the main carer for a family member,

(e)   a parent on a flexible working contract of an equivalent of 8 hours
per week,

(f)   a parent whose contract has unexpectedly ended through no fault
of their own,

(g)   a parent who engages regularly in voluntary work.”

Page 1, line 18, at end insert—

“(3A)    In order to support the effective implementation of the duty under
subsection (1), the Secretary of State shall arrange for a review to be

conducted that shall include, but shall not be limited to—

(a)   an assessment of how the new entitlements in this Act will support
the inclusion of disabled children and those with special
educational needs;

(b)   an assessment of how the existing structures and framework for
childcare meet the needs of disabled children and those with special
educational needs;

(c)   an assessment of existing barriers that limit access to childcare by
disabled children;

(d)   an estimate of the access to the current entitlement of free early
education;

(e)   an assessment of how many local authorities have sufficient
childcare for disabled children;

(f)   a calculation of the additional costs, funding and support required
to meet the needs of providing childcare to disabled children;

(g)   an analysis of the workforce available and their ability to provide
quality childcare for disabled children.

(3B)    The report of the review under subsection (3A) shall be laid before both
Houses of Parliament.

(3C)    Once the review has concluded, the Secretary of State shall establish a
strategy for improving the skills of the early years workforce to meet the
needs of disabled children and those with special educational needs.

(3D)    Where the Secretary of State does not adopt a recommendation from the
review, the Secretary of State must set out the reasoning for doing so.”

Page 1, line 18, at end insert—

“( )     The Secretary of State shall arrange for a review to be conducted to assess
whether the qualifications and pay levels of staff are sufficient to meet the
level of childcare provision necessary to fulfil the duty under subsection (1).

(0B)     The review shall include, but shall not be limited to—

(a)   an assessment of progress in delivering level 3 as the new
qualification standard whilst supporting trainees to gain practical
experience;

(b)   an assessment of progress in introducing early years career paths
which lead to Early Years Teacher status, and include ongoing
continuous professional development;

(c)   research on the number of black and ethnic minority staff at
different qualification levels, including proposals to engage with
the sector to address any issues identified;

(d)   an assessment of recruitment and retention statistics including
reasons given for leaving the profession;

(e)   a comparison with pay levels in other equivalent professions and
an assessment of the case for a national pay structure.”

Page 1, line 18, at end insert—

“(3E)    In order to ensure the effective implementation of the duty under
subsection (1), the Secretary of State shall establish an independent review
of the free childcare entitlement funding system, including a large-scale
analysis of the cost of delivering funded places.

(3F)    The review established under subsection (3E) shall consult local
authorities, childcare providers, employers, parents and others with an
interest.

(3G)    The Secretary of State must establish a comprehensive and sustainable
funding solution taking into account the findings of the funding review to
address the funding of existing childcare and the additional requirements
on childcare providers arising from this legislation.”

Page 1, line 20, at end insert “or (1A)”

Page 1, line 20, at end insert—

“( )     In discharging their duty under subsection (1) and supporting local
authorities to meet their duties under section 7 of the Childcare Act 2006
(duty to secure prescribed early years provision free of charge), the

Secretary of State must ensure—

(a)   childcare providers are suitably qualified and trained to deliver
high-quality care to disabled children and children with special
educational needs;

(b)   childcare providers have facilities suitable for disabled children
and children with special educational needs;

(c)   childcare providers are able to access additional funding to meet
the needs of disabled children and children with special
educational needs.”

Page 1, line 21, at end insert—

“( )   require early years settings to provide a specified number of
training hours per year to each of their staff, for the purposes of
securing high-quality childcare under subsection (1);”

Page 2, line 11, leave out paragraph (g)

Page 2, line 22, leave out paragraph (k)

Page 2, line 23, at end insert—

“( )   make provision about the quality of childcare which is to be made
available”

Page 2, line 23, at end insert—

“( )     Regulations as described in subsection (5)(c) must ensure that the times
available provide sufficient flexibility—

(a)   to parents who work outside the hours of 9.00am to 5.00pm,
Monday to Friday; and

(b)   to ensure that childcare is available during school holidays within
the local authority area of the relevant childcare provider.”

Page 2, line 27, leave out subsection (7)

Page 2, line 30, at end insert—

“(7A)    In order to ensure the safe and effective implementation of the duty under
subsection (1), the Secretary of State shall make regulations for the
purposes of prescribing staff to child ratios in Ofsted-registered
childminder settings.

(7B)    
Regulations under subsection (7A) may provide that—

(a)   the ratio of staff to children under the age of eight must be no less

than one to six, of whom—

(i)   a maximum of three may be young children, and

(ii)   a maximum of one may be under the age of one;

(b)   any care provided by childminders for older children must not
adversely affect the care of children receiving early years provision;

(c)   if a childminder can demonstrate to parents, carers and inspectors
that the individual needs of all the children are being met, then in
addition to the ratio set out in paragraph (a), they may also care

for—

(i)   babies who are siblings of the children referred to in
paragraph (a), or

(ii)   their own baby;

(d)   if children aged between four and five years only attend the
childminding setting outside of normal school hours or the normal
school term time, they may be cared for at the same time as three
other young children, provided that the ratio of staff to children
under the age of eight does not exceed one to six at any time;

(e)   if a childminder employs an assistant or works with another
childminder, each childminder or assistant may care for the
number of children permitted by the ratios specified in paragraphs
(a), (c) and (d);

(f)   
children may only be left in the sole care of a childminder’s
assistant for two hours in a single day;

(g)   
childminders must obtain the permission of a child’s parents or

carers before that child can be left in the sole care of a childminder’s
assistant;

(h)   the ratios in paragraphs (a), (c) and (d) apply to childminders
providing overnight care, provided that the children are
continuously monitored, which may be through the use of
electronic equipment.

(7C)    
For the purposes of this section a child is—

(i)   
a “young child” up until the 1 September following his or
her fifth birthday;

(ii)   
an “older child” after the 1 September following his or her
fifth birthday.”

Page 2, line 30,
at end insert—

“(7D)    In order to ensure the safe and effective implementation of the duty under
subsection (1), the Secretary of State shall make regulations for the
purposes of prescribing staff to child ratios in Ofsted-registered non-
domestic childminder settings.

(7E)    Regulations under subsection (7D) may provide that, for children between

the ages of two and three—

(a)   the ratio of staff to children must be no less than one to four;

(b)   at least one member of staff must hold a full and relevant level 3
qualification; and

(c)   at least half of all other members of staff must hold a full and
relevant level 2 qualification.

(7F)    Where there is a registered early years provision for children aged 3 and
over, which operates between 8 am and 4 pm, and a member of staff with
Qualified Teacher Status, Early Years Professional Status or other full and

relevant level 6 qualification is working directly with the children—

(a)   the ratio of staff to children must be no less than one to 13; and

(b)   at least one other member of staff must hold a full and relevant level
3 qualification.

(7G)    Where there is a registered early years provision for children aged 3 and
over, which operates outside the hours of 8 am to 4 pm as well as between
the hours of 8 am and 4 pm, where a member of staff with Qualified
Teacher Status, Early Years Professional Status or other full and relevant

level 6 qualification is not working directly with the children—

(a)   the ratio of staff to children must be no less than one to eight;

(b)   at least one member of staff must hold a full and relevant level 3
qualification; and

(c)   at least half of all the other staff must hold a full and relevant level
2 qualification.

(7H)    In maintained nursery schools and nursery classes in maintained schools
(except reception classes) in which childcare is being provided which fulfils

the duty in subsection (1)—

(a)   the ratio of staff to children must be no less than one to 13;

(b)   at least one member of staff must be a school teacher as defined by
section 122(3) (power to prescribe pay and conditions) of the
Education Act 2002 and Schedule 2 to the Education (School
Teachers’ Qualifications) (England) Regulations 2003; and

(c)   at least one other member of staff must hold a full and relevant level
3 qualification.

(7I)    
The Secretary of State may—

(a)   
define qualifications as “full and relevant”; and

(b)   
define “suitable experience” for those working with children under
two.

(7J)    The Secretary of State may amend subsections (7D) to (7H) by imposing
different ratios where HM Chief Inspector of Education is concerned about
the quality of childcare provision or the safety and wellbeing of children in
a childcare setting.”

Page 2, line 46,
at end insert—

Page 3, line 2,
at end insert—

““working parent” includes any individual who—

(a)   is in contracted employment for at least 8 hours work a
week;

(b)   is self-employed at a level equivalent to working 8 hours a
week;

(c)   is on a zero hours contract;

(d)   is an apprentice;

(e)   is engaged in education or training for a minimum of 8
hours a week;

(f)   is a carer who qualifies for carers allowance; or

(g)   is undertaking voluntary work or work experience for a
minimum of 8 hours a week.”

Page 3, line 17,
leave out subsections (4) and (5) and insert—

“( )     A statutory instrument containing regulations under subsections (1) and
(2) may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.”

Page 3, line 21,
at end insert—

“( )     Nothing in any regulations under this Act may impose any obligation on
any private or voluntary childcare setting or school that does not wish, or

is unable, to—

(a)   participate in a scheme, or any part of a scheme;

(b)   provide such information to the Secretary of State, a public body or
local authority as may be required under this Act of participants in
a scheme,

under this Act to provide 30 hours of free childcare.”

Insert the following new Clause—

“Commission

(1)     Within two years of the coming into force of section 1, the Secretary of State
shall appoint a Commission to review the implementation of this Act, with
particular regard to value for money.

(2)     
The Commission appointed under subsection (1) must include—

(a)   the Children’s Commissioner for England,

(b)   a representative of the Institute for Fiscal Studies, and

(c)   a representative of the Nuffield Foundation.”

Insert the following new Clause—

“Funding of childcare

For the purpose of discharging the duty imposed by section 1, the Secretary
of State must ensure that the level of payment made to any childcare
provider by the Secretary of State for the provision of childcare is paid at a

rate which ensures that the provider—

(a)   is able to cover the cost of providing a childcare place,

(b)   is able to cover the cost of ensuring sufficient training and support
for staff engaged in delivering childcare, and

(c)   does not have to subsidise the cost of providing free of charge
childcare by placing additional charges on other childcare which
they provide.”

Insert the following new Clause—

“Powers of local authority in relation to duty under Childcare Act 2015

After section 8(3) of the Childcare Act 2006 (power of local authority in

relation to the provision of childcare) insert—

Insert the following new Clause—

“Impact on childcare settings and premises providers which are unable to
participate

Before the coming into force of this Act the Secretary of State must lay

before each House of Parliament a report assessing—

(a)   the proportion of nursery and childcare providers that do not
currently offer 30 hours a week childcare;

(b)   the incidence of additional payments above the 15 hours free care
currently requested by settings participating in the current 15 hour
scheme;

(c)   the number of nursery and childcare providers operating in rented
premises; and

(d)   the impact on village, parish, community and church halls, sports
clubs, and other similar premises of the potential loss of income
from nursery and other childcare providers unable to offer 30 hours
free childcare.”

Insert the following new Clause—

“Duty to provide equivalent compensation for 30 hours free childcare to parents
remaining at home

(1)     The Secretary of State must, within six months of the day on which this Act
is passed, lay before both Houses of Parliament a report on proposals to

ensure that a parent who—

(a)   is not in paid employment;

(b)   is married to the other parent who is in paid employment; or

(c)   has a qualifying child;

shall receive compensation equivalent to the childcare provided to a

“qualifying child of working parents” as defined in section 1.

(2)     
In this section—

“childcare”, “parent” and “young child” have the meaning given in
section 1; and

“qualifying child” means a young child who—

(a)   is under compulsory school age,

(b)   is in England, and

(c)   is of a description specified in regulations made by the
Secretary of State under section 1(11).”

Insert the following new Clause—

“Duty to report: child poverty target

(1)     The Secretary of State must, in each financial year, starting with the date 12
months after the commencement of this Act, report on the impact of the free
entitlement to childcare on meeting child poverty targets.

(2)     
For the purposes of this section, “child poverty targets” means the targets
set out in sections 3 to 6 of the Child Poverty Act 2010.”

Page 3, leave out lines 26 to 28

Page 3, line 28,
at end insert—

Page 3, line 28,
at end insert—

Page 3, line 35,
at end insert—

Insert the following new Clause—

“Impact of childcare entitlement on low income working parents

(1)     Within 24 months of the commencement of section 1 of this Act, the
Secretary of State must publish a report on the benefits of free childcare
provided under section 1 for low income working parents.

(2)     
A report under subsection (1) must include an assessment of—

(a)   the monetary value of the free childcare entitlement to low income
working parents;

(b)   the educational value of the free childcare entitlement for children
of low income working parents;

(c)   the number of low income working parents taking up provision of
the free childcare entitlement.

(3)     An assessment under subsection (2)(a) must include an assessment of the
extent to which any monetary benefit to low income working parents from

the free childcare entitlement is offset by any changes to—

(a)   working tax credits;

(b)   child tax credits;

(c)   universal credit;

(d)   child benefit,

that have occurred since the coming into force of this Act.

(4)     An assessment under subsection (2)(c) must include an assessment of the
impact on the number of working parents of any changes to working tax
credits that have occurred since the coming into force of this Act.

(5)     
For the purpose of this section “free childcare entitlement” means any
childcare provided free of charge under the duty set out in section 1 of this
Act.”

Page 4, line 2, at beginning insert “Section (Consultation and reviews),”

Page 4, line 4,
at beginning insert “Subject to subsection (3A),”

Page 4, line 7,
at end insert—

“(3A)    Sections 1 and 2 may not come into force until after the requirements in
section (Consultation and reviews) have been met.”