Appendix 3
S.I. 2012/938: memorandum from the Department
for Education
Early Years Foundation Stage (Welfare Requirements)
Regulations 2012 (S.I. 2012/938)
1. The Committee has requested a memorandum on
the following points:
(1) Explain how a reader without access
to the internet is able to obtain access to the document referred
to in regulation 2, and how that reader is expected to discover
how to do so.
2. The Department considers that all readers
will have access to the internet either directly at work or at
home or indirectly through a library or other publically available
internet access facility. Government Departments are increasingly
making documents available on the internet rather than supplying
hard copies e.g. see the School Admissions Code and School Admission
Appeals Code (Appointed Day) Order 2012 (S.I. 2012/216) and
the Apprenticeships (Specification of Apprenticeship Standards
for England) Order 2011 (S.I. 2011/219).
3. The changes in the revised Statutory Framework
for the Early Years Foundation Stage published by the Secretary
of State on 27th March 2012 "the Document"
have been communicated widely by the Department. This has been
done not only through the internet but also by using social media
channels such as Facebook and Twitter. The Department has also
communicated via e-mail with local authorities. Members of the
Department speak at events attended by local authorities and early
years providers. The changes have received extensive coverage
in the childcare media.
4. Section 13 of the Childcare Act 2006 imposes
a duty on local authorities to provide information, advice and
training to childcare providers in accordance with regulations.
The Childcare Providers (Information, Advice and Training) Regulations
2007 (S.I. 2007/1797) provides, amongst other things, that
local authorities must secure information, advice and training
in meeting the requirements of the Early Years Foundation Stage
in the Document for persons providing registered childcare in
the local authority's area. Local authorities have local mechanisms
for ensuring that early years providers are informed about the
revised Document.
5. In addition many of the voluntary community
sector organisations such as the National Childminding Association
are printing packs which include the Document and supporting materials
at a fee to cover costs only. Readers who are parents will be
made aware of the new Document through contact with childcare
providers and can contact their childcare providers, local authorities
or the Department for more information.
(2) Identify, in relation to each
of the paragraphs of regulation 3, the requirements (if any) that
they impose which are not imposed by another of those paragraphs
or by section 40 of the Childcare Act 2006.
6. Section 40(2) of the Childcare Act 2006 ("the
Act") imposes a duty on childcare providers to comply with
the welfare requirements but it does not specify what these requirements
are. Section 43 of the Act lists matters which may be dealt with
by way of welfare regulations. Such regulations may refer to
provisions in a document pursuant to section 44(1) of the Act.
7. Regulation 3(1) imposes the following requirements
on providers:
· not to use corporal punishment (regulation
7);
· to notify the Chief Inspector ("CI")
when one of the matters listed in the schedule occurs (regulation
8 introduces the schedule); and
· to give the CI information relating to
disqualification (regulation 9).
8. These requirements
were considered sufficiently important to appear on the face of
the regulations. In particular a failure to comply with regulations
7 or 8 may give rise to a criminal offence and it was considered
this should be explicit on the face of the regulations.
9. Regulation 3(2) imposes other welfare requirements
by reference to section 3 of the Document. This requires providers
to comply with provisions in the Document which impose obligations,
denoted in the Document by the use of mandatory language. These
other welfare requirements are (paragraph numbers relate to the
Document):
· child protection (paragraphs 3.4 - 3.8)
· suitability
of people looking after children (paragraphs 3.9 - 3.13, 3.17)
· qualifications and training etc.
o the requirement for induction training and
supervision of staff in contact with children and families (paragraphs
3.19 and 3.20)
o requirements as to staff qualifications (paragraphs
3.21 - 3.25)
· requirement as to key person (paragraph
(3.26)
· requirements as to staff ratios (paragraphs
3.27 - 3.41)
· requirements as to health (paragraphs
3.42 - 3.44)
· requirements as to food and drink (paragraphs
3.45 - 3.47)
· requirements in the case of accidents
or injuries (paragraphs 3.48 - 3.49)
· requirements relating to managing behaviour
(paragraph 3.50)
· requirement as to safety (paragraph 3.53)
· requirement to have a no smoking policy
(paragraph 3.55)
· requirement relating to premises (paragraphs
3.56 - 3.62)
· requirements relating to risk assessments
and outings (paragraphs 3.63 - 3.64)
· requirement relating to equal opportunities
(paragraph 3.66)
· requirements relating to information and
records (paragraphs 3.67 - 3.72 and 3.75)
· requirement relating to complaints procedure
(paragraphs 3.73 and 3.74)
10. For the sake of convenience for readers,
particularly providers, the welfare requirements referred to in
regulation 3(1) are reproduced in the Document at paragraphs 3.15,
3.16, 3.51, 3.52 and 3.76. The Department did this because it
is aware that most providers only refer to the Document. A similar
approach was taken with the Statutory Framework for the Early
Years Foundation Stage May 2008 ("2008 EYFS") where
the welfare requirements contained in the Early Years Foundation
Stage (Welfare Requirements) Regulations 2007 (S.I. 2007/1771)
were either reproduced or referred to in the 2008 EYFS.
11. Regulation 3(3) requires that providers have
regard, pursuant to section 44(4) of the Act, to those provisions
in section 3 of the Document which are not welfare requirements
imposed by regulation 3(1) or (2). These are matters which relate
to what providers ought to do, usually to support a welfare requirement
and are denoted in the Document by use of non-mandatory language.
These include (paragraph numbers relate to the Document):
· in relation to the broader requirement
for effective supervision of staff, effective arrangements for
supervising staff but which will vary (paragraphs 3.19 and 3.20);
· regular staff appraisals and opportunities
for staff to improve their qualifications (paragraph 3.22);
· in relation to the broader requirement
to have a policy on risk assessment, what risk assessments should
cover (paragraph 3.63); and
· in
relation to the requirement to have and implement an equal opportunities
policy, what the policy should cover (paragraph 3.66).
Department for Education
26 June 2012
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