APPENDIX 2: CHILDCARE (EARLY YEARS REGISTER)
REGULATIONS 2008 (SI 2008/974); CHILDCARE (GENERAL CHILDCARE REGISTER)
REGULATIONS 2008 (SI 2008/975); AND CHILDCARE (EARLY YEARS AND
GENERAL CHILDCARE REGISTERS) (COMMON PROVISIONS) REGULATIONS 2008
(SI 2008/976)
Further information from the Department for Children,
Schools and Families
Q1: What was the extent
of support for pre, or post, registration visits? Can you spell
out more fully why DCSF does not support this idea? Is it simply
on cost grounds?
A1: This issue regarding
registration visits was raised in response to the consultation
question on "Does the information being requested with the
application provide a good sense of how the provider measures
up against the requirements?". In response 36% of respondents
agreed (2% strongly) and 32% disagreed with the proposals. 19%
disagreed strongly. 8% had no strong opinion. About half of the
32% responses that disagreed with this question included comments
about the proposal not to have a pre or post-registration visit
for the GCR. The points they made were that the requirements for
the GCR should match those for the EYR (including the pre/post
registration visit). Providers applying on the Early Years register
(0-5 years) will in all cases be subject to a pre-registration
visit to check that the applicants have met the requirements and
likely to continue to met the requirements, particularly in relation
to Early Years Foundation Stage.
The GCR on the other hand is based in part on the
higher age group and the amount of time that children spend in
the provision (as these children will be going to school). Therefore
it is not necessary to prescribe the same level of childcare and
approach to registration. This is also within the context of DCSF/HMT
10-year Childcare Strategy - "Choice for parents, the
best start for children", the Gershon review of public
sector efficiency and the Hampton review of regulatory inspections
and enforcement.
We therefore agreed that a pre-registration will
not be compulsory for the GCR in all applications, however OFSTED
still retain the right to request additional information or to
inspect the premises if it considers this is necessary in order
to satisfy itself that the provision meets the requirements. It
is also important to note that providers will have to confirm
annually that they are continuing to meet the requirements in
order to remain registered and OFSTED will always inspect following
a complaint. OFSTED have also assured us that the application
procedure allows them to assess whether the provision has met
the registration requirements.
Q2: How do you expect
to determine the basis for inspections which are to be carried
out "proportionally on the basis of risk to children"?
How do you know what the risk is if no inspection is carried out?
A2: We agreed that a proportion
of providers are inspected are carried out each year. This proportion
will amount to around 10% of providers registered on the OFSTED
Childcare Register and OFSTED will decide how they identify these
providers. I understand that they will look at the type of provider,
number of children being cared for, area and other information
provided as part of registration. Again this approach is in line
with moves more widely across the public and private sector to
streamline inspections and use them in a more targeted way.
Risk will also be determined by the level of complaints
which will trigger an inspection in all cases. Given the unpredictable
nature of complaints, this could mean that some providers are
inspected more than once in the year. In addition, OFSTED retain
the right to increase the proportion of inspections or vary how
they target inspection if necessary.
April 2008
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