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Session 2005 - 06 Publications on the internet Other Bills before Parliament Arrangement of Clauses (Contents) |
| Childcare Bill |
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These notes refer to the Childcare Bill as introduced in the House of Commons on 8 November 2005 [Bill 80] CHILDCARE BILLEXPLANATORY NOTESINTRODUCTION 1. These explanatory notes relate to the Childcare Bill as introduced in the House of Commons on 8 November 2005. They have been prepared by the Department for Education and Skills in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require any explanation or comment, none is given. BACKGROUND 3. The Bill is intended to assist in the implementation of the aims set out in The Ten Year Strategy for Childcare: Choice for parents, the best start for children: a ten year strategy for childcare (HMSO 2004) published on 2 December 2004, which set out the Government's plans for the future of childcare. Territorial Coverage 4. The Bill applies to England only apart from Part 2 which applies to Wales only and Part 4 which applies to both England and Wales. OVERVIEW 5. The Bill is divided into 4 Parts. 6. Part 1 makes provision relating to new duties on local authorities in England. 7. Part 2 makes provision relating to new duties on local authorities in Wales. [Bill 80-EN] 54/1 8. Part 3 makes provision relating to the system of regulation and inspection of childcare in England. 9. Part 4 contains general provisions. SUMMARY Duties on Local Authorities - England - Part 1 10. This Part sets out the duties placed upon local authorities in three main areas - improving the outcomes for young children, securing sufficient childcare and providing information to parents. These duties reflect the growing strategic role that local authorities have in planning, commissioning and delivering services for children and families. The duties in this Part will allow local authorities the flexibility to implement delivery in ways that best suit their particular circumstances, and will allow future development without the need to alter the underpinning legislation. 11. Part 1 requires local authorities in England to improve well-being for young children, and defines well-being according to the five 'Every Child Matters' outcomes of being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic well-being. It requires early childhood services (early years provision, health, social services and employment services) to be integrated. It provides for the NHS and JobCentre Plus to work in partnership with the local authority to deliver these early childhood services. 12. The local authority is also required to secure sufficient childcare for working parents and those making the transition to work. This includes a requirement for the local authority to regularly assess demand for, and availability of, local childcare provision and to support local childcare providers with information, advice and training. It enables local authorities to charge for childcare it provides. This Part also requires the local authority to secure a set amount of early years provision free of charge for children in the area. 13. This Part also places a duty on local authorities to set up an information service for parents and prospective parents, providing information on services, facilities and publications which may benefit them or children or young people and providing advice and assistance on childcare. Duties on Local Authorities - Wales - Part 2 14. Part 2 requires local authorities in Wales to secure sufficient childcare for working parents. It sets out the requirement for the local authority to regularly assess demand for and availability of local childcare provision. 15. This Part also places a duty on local authorities in Wales to set up and run an information service for parents and prospective parents, providing information on services, facilities and publications which may benefit benefit them or children or young people and providing advice and assistance on childcare. Regulation and Inspection of Childcare - Part 3 16. Part 3 of the Bill puts in place legislative provisions to implement the proposals to reform regulation and inspection of childcare set out in the Ten Year Strategy. The Strategy set out the following proposals:
17. Chapters 2 - 4 of Part 3 cover the registration, inspection and regulation of the provision of childcare as defined by clause 18. Chapter 2 covers the registration and requirements to be met by early years providers. Early years provision is defined in clause 20 as provision of childcare for a young child. A child is regarded as a young child until 1st September following his 5th birthday. Chapter 2 sets out who will be required to register as an early years childminder (someone who operates on domestic premises) or other early years provider. Chapter 2 goes on to put in place measures for the registration, inspection and regulation of early years providers. It makes provision for the establishment of the Early Years Foundation Stage (EYFS) for the purpose of promoting the well-being of young children who are receiving early years provision (clause 39). 18. Chapter 3 of Part 3, covers registration, inspection and regulation requirements for childcare for children from 1 September following their 5th birthday up to the age of eight. 19. Chapter 4 of Part 3 covers the process of voluntary registration and the regulation of those persons who register as a provider voluntarily. Voluntary registration is available to all those who are not required to register (other than schools) but who look after children below an age to be prescribed in regulations, providing that they meet the registration requirements. This might include those providers who are exempted from compulsory registration through regulations. 20. Chapter 5 of Part 3 includes provisions which apply to all registered childcare providers. This includes provisions relating to cancellation and suspension of registration, disqualification from registration and removal from the register. It also includes provisions dealing with inspectors' rights of entry and powers and duties in relation to provision of information about providers. Provision is made relating to offences and criminal proceedings. There are other miscellaneous provisions including provisions relating to fees for registration, co-operation between local authorities and the Chief Inspector, combining registration certificates, communication of notices, the definition of schools and employees of registered childcare providers. Part 4 21. Part 4 contains general provisions about subordinate legislation, interpretation and commencement. COMMENTARY ON SECTIONS AND SCHEDULES PART 1 - GENERAL FUNCTIONS OF LOCAL AUTHORITY: ENGLAND Clause 1 - General duties of local authority in relation to well-being of young children 22. Clause 1 places a duty on local authorities to improve the well-being of all young children and to reduce inequalities between those achieving the poorest outcomes and the rest. Well-being is defined as relating to the five 'Every Child Matters' outcomes of being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic well-being. A child is regarded as a young child until 1st September following his fifth birthday (clause 19). The clause allows the Secretary of State to set targets for local authorities relating to improving outcomes and narrowing the gaps in achievement, and requires local authorities to have regard to guidance issued by the Secretary of State. Clause 2 - Meaning of "early childhood services" for purposes of section 3 23. Clause 2 defines "early childhood services" for the purposes of clause 3. These services are:
24. Clause 2 also defines a "parent" and a "prospective parent." Clause 3 - Specific duties of local authority in relation to early childhood services 25. Clause 3 requires local authorities to deliver the improved outcomes set out in clause 1 by ensuring that early childhood services (as defined in clause 2 above) are delivered in an integrated way that facilitates access to services and maximises the benefits to children, parents and prospective parents. 26. The local authority is also required to take steps to identify parents who are unlikely to take advantage of early childhood services that may benefit them, and to encourage them to take advantage of those services. In many cases, this will be inextricably tied to the duty to narrow the gaps between those achieving the poorest outcomes and their peers, seeking to reduce inequality. 27. The clause also requires local authorities to encourage the involvement of parents and prospective parents, providers of early years provision in the private and voluntary sectors and any others who contribute to the well-being of young children, when developing integrated services and deciding how they should be delivered. 28. In carrying out these duties, authorities must have regard to statutory guidance. Clause 4 - Partnership between local authority and relevant partners 29. Clause 4 creates a reciprocal duty between the local authority and relevant partners in the NHS and Jobcentre Plus to work together in delivering integrated early childhood services to improve outcomes and reduce inequalities in achievement. 30. In order to deliver an integrated service for children and parents, the local authority and its partners must work with each other and may share their resources and pool budgets, allowing them to deliver fully integrated front-line services, for example where early years provision, social services support, health services and the employment service may all be found on one site. Authorities and all their partners must have regard to statutory guidance which, it is intended, will be issued jointly by the relevant Secretaries of State. 31. This duty is consistent with section 10 of the Children Act 2004 under which children's trust arrangements have been made. This duty puts the authority and their local partners in the NHS and JobCentre Plus under a particular obligation to work together in improving outcomes for the youngest children in the local area. Guidance will set out how this co-operation can operate through the Government's preferred delivery model of children's centres. Clause 5 - Power to amend sections 2 to 4 32. This clause allows the Secretary of State to alter, by order, the definition of "early childhood services" and make any consequential changes to clauses 2 or 4. This would, for example, enable other services to be included in the future. Such an order would be subject to affirmative resolution procedure to ensure appropriate Parliamentary scrutiny (see clause 98). Clause 6 - Duty to secure sufficient childcare for working parents 33. Clause 6 places a duty on local authorities in England to secure, so far as is reasonably practicable, sufficient childcare to meet the requirements of parents in their area who require childcare in order to work or to undertake training or education to prepare for work. This applies to childcare for non-disabled children up to the 1st September after their 14th Birthday and for disabled children up to the 1st September after their 16th Birthday. 34. The duty applies "so far as is reasonably practicable". This recognises that it may not be practicable for a local authority to secure childcare to meet the requirements of every parent in their area. In determining what is reasonably practicable, local authorities will need to take into account a number of factors, including the resources available to them. In discharging the duty, local authorities must have regard to guidance issued by the Secretary of State. 35. Clause 6 provides that, in determining whether the provision of childcare is sufficient, local authorities must have regard to the needs of parents in their area for childcare eligible for the childcare element of the Working Tax Credit, and for childcare that is suitable for disabled children. Local authorities may also have regard to childcare outside their area when determining sufficiency. Clause 6(4) provides for the Secretary of State to amend, by order, the criteria to which local authorities must, or may, have regard in determining sufficiency and to make consequential amendments. Clause 7 - Duty to secure prescribed early years provision free of charge 36. Clause 7 replaces for English local authorities the duty to secure sufficient nursery education contained in section 118 of the School Standards and Framework Act 1998. 37. Clause 7(1) places a duty on local authorities to ensure that a certain amount of early years provision is available free of charge for each child of a prescribed age living in their area. Early years provision is defined as childcare for a young child (i.e. a child aged from birth to 1st September following his 5th birthday). This clause allows the Secretary of State to prescribe in regulations the type and amount of provision and the exact age of children to benefit. 38. Clause 7(2) requires Local Authorities to take account of guidance issued by the Secretary of State when discharging their duty. Clause 8 - Powers of local authority in relation to the provision of childcare 39. Clause 8 provides that a local authority may make arrangements with childcare providers and provide support to them (including financial support). The clause also allows local authorities to provide childcare themselves, if there is no other provider willing to provide it or if the local authority considers, in all the circumstances, that it is appropriate to do so. This restriction does not apply to provision made by governing bodies of maintained schools (e.g. under their powers to provide community facilities under section 27 of the Education Act 2002) or to provision made by the local authority for children in need under section 18(1) or (5) of the Children Act 1989. In exercising any of these powers, local authorities must have regard to guidance issued by the Secretary of State. Clause 9 - Arrangements between local authority and childcare providers 40. Clause 9 requires local authorities to exercise their powers to ensure that any providers with whom they enter into a financial agreement in relation to childcare provision meet requirements imposed on them. It allows local authorities to require repayment of financial assistance if providers fail to meet the contractual conditions. Clause 10 - Charges where local authority provide childcare 41. Clause 10 provides that local authorities may enter into agreements which impose a charge for the provision of childcare by the authority. This does not apply where care is provided for children in need under section 18 (1) and (5) of the Children Act 1989 as provisions for charging in these circumstances is made in the 1989 Act. Clause 11 - Duty to assess childcare provision 42. Clause 11 places a duty on local authorities to assess, at least every 3 years, the sufficiency of childcare provision in their area, and to keep assessments under review. The clause provides for the Secretary of State to issue regulations concerning the nature and the form of the assessment, whether and how it is published and which people must be consulted. Local authorities are also required to have regard to guidance issued by the Secretary of State in carrying out their assessment and review functions under this clause. Clause 12 - Duty to provide information, advice and assistance 43. Clause 12 places a duty on local authorities to provide parents and prospective parents with information relating to childcare and other services for children and young people aged up to age 20. 44. Subsection (2) requires local authorities to provide parents and prospective parents with information on services, facilities and publications that may benefit them or children or young people. The details of the information which must be provided will be dealt with in regulations. 45. Subsection (3) allows local authorities to provide additional information to parents and prospective parents and to provide information to other persons. 46. Subsection (4) requires local authorities to provide advice and assistance to parents or prospective parents using or seeking childcare. 47. Subsection (5) requires the local authority to ensure that the information service is accessible to those who might benefit from it, in particular parents who might otherwise have difficulty accessing it. 48. Subsection (6) requires local authorities to take account of guidance issued by the Secretary of State when discharging their duty. Clause 13 - Duty to provide information, advice and training to childcare providers 49. Clause 13 places a duty on local authorities in England that replaces their present duty in section 79V of the 1989 Children Act which requires local authorities to provide information and advice on daycare and childminding. The term "day care" has no meaning in the new regulation and inspection system in the Bill. Under this clause, local authorities are therefore placed under a duty to provide information, advice and training to childcare providers who are registered under the new system, persons who provide childcare in certain schools (whether registered or not) and those who assist in the provision of registered care or care in schools or who intend to provide such care. The clause also gives local authorities a power to provide such support to others who do not fall into the specified categories. In carrying out this duty, local authorities must act in accordance with regulations and have regard to any guidance issued by the Secretary of State. Clauses 14 and 15 - Inspection and powers of Secretary of State to secure proper performance etc. 50. Clauses 14 and 15 ensure that a local authority's functions under Part 1 (to improve outcomes, to secure sufficient childcare and to provide information) are subject to inspection by Her Majesty's Chief Inspector of Schools and subject to the powers of the Secretary of State to secure proper performance through sections 496, 497, 497A, 497AA and 497B of the Education Act 1996. Clause 16 - Amendments of Children Act 2004 51. Clause 16 makes two amendments to the Children Act 2004. The first adds the duties under Part 1 to the Director of Children's Services responsibilities. The second makes these duties subject to Joint Area Reviews. Clause 17 - Charges for early years provision at maintained school 52. Clause 17 amends section 451 of the Education Act 1996 which prohibits charges for provision of education. The changes allow for regulations to prescribe circumstances where the prohibition on charging for education does not apply in respect of early years provision. The regulations may not lift the prohibition in respect of children of compulsory school age or in respect of provision that is secured under the duty to secure free provision (clause 7). Clauses 18 to 21 - Meaning of childcare and other terms 53. Clause 18 defines childcare as any form of care for a child including education and any supervised activity but excluding education (or any other supervised activity) provided in school hours for a registered pupil at a school who is not a young child. The definition also excludes health care, care provided by certain individuals (for example, a parent or a relative of a child) and care provided in a hospital, care home or family centre. 54. Clauses 19 and 20 define young child and early years provision. Early years provision is the provision of childcare for a young child and a child is regarded as a young child until the 1st September following the date on which he attains the age of 5. PART 2 - GENERAL FUNCTIONS OF LOCAL AUTHORITY: WALES Clause 22 - Duty to secure sufficient childcare for working parents 55. Clause 22 places a duty on local authorities in Wales to secure, as far as is reasonably practicable, sufficient childcare to meet the requirements of parents in their area who require childcare in order to work or to undertake training or education to prepare for work. This applies to childcare for non-disabled children up to the 1st September after their 14th Birthday and for disabled children up to the 1st September after their 16th Birthday. 56. The duty applies "so far as reasonably practicable". This recognises that it may not be practicable for a local authority to secure childcare to meet the requirements of every parent in their area. In determining what is reasonably practicable, local authorities will need to take into account a number of factors, including the resources available to them. In discharging the duty, local authorities must have regard to guidance issued by the Assembly. 57. Clause 22 specifies that, in determining whether the provision of childcare is sufficient, local authorities must have regard to the needs of parents in their area for childcare eligible for the childcare element of the Working Tax Credit, for childcare that is suitable for disabled children, and for childcare delivered through the medium of the Welsh Language. Clause 22(4) provides for the Assembly to amend, by order, the criteria to which local authorities must, or may, have regard in determining sufficiency and to make consequential amendments. Clause 23 - Powers of local authority in relation to the provision of childcare 58. Clause 23 provides that a local authority may make arrangements with childcare providers and provide support to them (including financial support). The clause also allows local authorities to provide childcare themselves. Clause 24 - Arrangements between local authority and childcare providers 59. Clause 24 requires local authorities to exercise their powers to ensure that any providers with whom they enter into a financial agreement in relation to childcare provision meet requirements imposed on them. It allows local authorities to require repayment of financial assistance if providers fail to meet such conditions. Clause 25 - Charges where local authority provide childcare 60. Clause 25 provides that local authorities may enter into agreements which impose a charge for the provision of childcare by the authority. This does not apply where care is provided for children under section 18 of the Children Act 1989 as provisions for charging in these circumstances is made in the 1989 Act. Clause 26 - Power to require local authority to assess childcare provision 61. Clause 26 provides the Assembly with a power to make regulations placing a duty on local authorities in Wales to assess the sufficiency of childcare provision in their area. The regulations may prescribe the interval between assessments and require a review of the assessment. They may define arrangements for consultation and require local authorities to have regard to guidance issued by the Assembly in respect of the assessment and review. |
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| © Parliamentary copyright 2005 | Prepared: 8 November 2005 |