CYPOP Unit 5: Understand how to set up a home-based childcare service
Outline of current legislation
There are many laws relating to children and young people in the UK. Some of the most important ones are listed below.
The ones that are the some of the most relevant to you as a home-based childcarer are given below.
What are the key points of each piece of legislation and how will you put them into practice as a childminder
The Children Act 1989
At the heart of the Children Act 1989 is a belief that:
??? The best place for children to be looked after is within their own homes.
??? The welfare of the child is paramount
??? Parents should continue to be involved with their children and any legal proceedings that may concern them, and that legal proceedings should be unnecessary in most instances.
??? The welfare of children should be promoted by partnership between the family and the Local Authority.
??? Children should not be removed from their family, or contact terminated, unless it is absolutely necessary to do so.
??? The childs needs arising from race, culture, religion and language must be taken into account.
??? All child care law relating to children being accommodated by the Local Authority comes under the Children Act 1989.
??? The Act is built on the notion of parental responsibility. This summarises the duties, rights, powers and responsibilities of a parent in respect of their child.
??? The Local Authority has a duty to safeguard and promote the welfare of children in need in its area.
??? The most important principle of the Children Act is the welfare of the child. This will always be regarded as paramount by a court in considering any question of the childs upbringing
??? The aim of the Children Act is to offer sufficient safeguards to children who may be at risk.
??? Since the introduction of childcare regulation under the Children Act 1989 the risk of harm to children being cared for in settings outside their own home has been reduced
??? The Children Act 1989 is designed to help keep children safe and well
??? Local councils have a duty to provide services to children in need if these services will help keep a child safe and well.
??? Responsibility on the Local Authority to safeguard children
??? Local Authority responsibility is to prevent children from significant harm
What does it mean for me as a childminder ??“ It is my responsibility: to look after the welfare and the safety of the children at all times, to protect children, to provide a healthy diet, to provide children with daily exercise and to provide children with activities that follow the EYFS. I have a responsibility to follow Health and Safety, Equal Opportunities and The Equality Act at all times.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995
??? Serious Injuries and accidents in relation to any children in your care
must be reported to the Health and Safety Executive on 0845 300 99 23 and to Ofsted on 0300 123 1231 within 3 days of the injury
??? A serious injury can be defined as broken bones, a fracture, loss of consciousness, pain that is not relieved by simple pain killers, acute confused state, persistent severe chest pain or breathing difficulties, loss of sight (temporary or permanent), injury resulting from an electric shock or electrical burn leading to unconsciousness.
??? Environmental Services will investigate and will arrange a visit to my childcare setting
??? Reporting accidents is a legal requirement under The Childcare Regulations 2008 and in the Statutory Framework for the Early Years Foundation Stage and the Early Years Foundation Stage.
??? The information enables the Health and Safety Executive (HSE) and Local Authorities, to identify where and how risks arise, and to investigate serious accidents.
??? Breach of the regulations is a crime, punishable on summary conviction with a fine of up to ?400. If convicted on indictment in the Crown Court, an offender can be sentenced to an unlimited fine.
What does it mean for me as a childminder ??“ The HSE can provide me with advice and information on how to reduce injury in my childcare setting.
It is my responsibility to report injuries to safeguard myself and the welfare of the child. As all the information will be noted and recorded there will be a written report of how the injury occurred and what happened which will prevent parents from being unclear and prevent ambiguity.
Data Protection Act (1998)
??? It is the main piece of legislation that governs the protection of personal data in the UK
??? This act protects peoples fundamental rights and freedoms and in particular their right to privacy with respect to the processing of personal data.
The Key Principles of the Data Protection Act are as follows:-
??? Data may only be used for the specific purposes for which it was collected.
??? Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime).
??? Individuals have a right of access to the information held about them, subject to certain exceptions (for example, information held for the prevention or detection of crime).
??? Personal information must not be kept for any longer than is necessary and must be kept up to date.
??? Personal information may not be sent outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place.
??? Subject to some exceptions for organisations that only do very simple processing, and for domestic use, all entities that process personal information must register with the Information Commissioners Office.
??? The departments of a company that are holding personal information are required to have adequate security measures in place.
??? Subjects have the right to have factually incorrect information corrected (note: this does not extend to matters of opinion)
What does it mean for me as a childminder ??“ It is my responsibility to protect the data that I hold on parents and the child and not to pass this information onto other parents.
As confidential information will be stored on the computer I will protect this information by using passwords that I will regularly change to ensure security. I would not write the password down. I will be the only person who will have access to the account while it is logged on. I will not let anyone else use my database and records. When retrieving confidential information which is being displayed on a computer monitor, I will ensure that unauthorized individuals are not able to see this data. I will clear the information from the screen when it is no longer needed.
I will keep private data about each child and their families in a lockable filing cabinet.
When printing confidential information I must be careful that unauthorized individuals do not read the information that has been printed. I will remove printouts from the printer as soon as possible after printing.
Protection of Children Act (1999)
??? The act creates a system for identifying persons considered to be unsuitable to work with children
??? This will be achieved by checks being made of criminal records with the National Criminal Records Bureau and two lists maintained by the Department of Health and the Department for Education and Employment
What does it mean for me as a childminder ??“ It is my responsibility to put in checks for people over the age of 16 and to carry out enhanced Criminal Records Bureau (CRB) checks. If I employ someone then it is my responsibility to have an enhanced CRB check done on them.
Human Right Act (1998)
??? Anyone who is in the UK for any reason has fundamental human rights which the government and public authorities are legally obliged to respect.
??? These rights not only impact matters of life and death, they also affect the rights you have in your everyday life: what you can say and do, your beliefs, your right to a fair trial and other similar basic entitlements.
??? You have the responsibility to respect other peoples rights, and they must respect yours.
Your human rights are:
??? the right to life
??? freedom from torture and degrading treatment
??? freedom from slavery and forced labour
??? the right to liberty
??? the right to a fair trial
??? the right not to be punished for something that was not a crime when you did it
??? the right to respect for private and family life
??? freedom of thought, conscience and religion, and freedom to express your beliefs
??? freedom of expression
??? freedom of assembly and association
??? the right to marry and to start a family
??? the right not to be discriminated against in respect of these rights and freedoms
??? the right to peaceful enjoyment of your property
??? the right to an education
??? the right to participate in free elections
??? the right not to be subjected to the death penalty
What does it mean for me as a childminder ??“ It is my responsibility to make sure that a child is given these rights for example the freedom for a child to express their beliefs so that they can have an opinion and can share ideas and voice their ideas and for children to learn that they must respect other peoples rights, and they must respect yours.
Children Act (2004)
??? The Act was created with a certain set of goals. Its primary purpose was to give boundaries and help for Local Authorities and other agencies to better regulate official intervention in the interests of children.
??? The Act also made changes to laws that pertain to children, notably on foster homes, adoption agencies, babysitting services, and the handling of child-related crimes and crimes against children
??? The idea behind the Act is to promote (co-ordination) between multiple official entities to improve the overall well-being of children.
??? Establishes the duties to ???co-operate to improve well-being??™ and ???to safeguard and promote welfare??™ of children and young people for the statutory agencies.
??? Gives Local Authorities the responsibility for setting up a Local Safeguarding Children Board (LSCB).
??? Gives Local Authorities the responsibility for the arrangements to set up Children??™s Trusts, local partnerships between the public, private voluntary and community sectors.
??? The Children Act 2004 sets out the national framework for delivering children??™s services, and identified the Every Child Matters five outcomes for children and young people, which all professionals must work towards.
??? Makes Local Authorities responsible for publishing an integrated Children and Young People??™s Plan, which describes how they intend to deliver outcomes specified in the Every Child Matters framework.
The Governments aim is for every child, whatever their background or their circumstances, to have the support they need to:
??? Be healthy
??? Stay safe ??“ Aim: Children and young people need to be safe from bullying and discrimination
??? Enjoy and achieve
??? Make a positive contribution ??“ Aim: Children and young people are helped to develop positive relationships and choose not to bully or discriminate
??? Achieve economic well-being
What does it mean for me as a childminder ??“ It is my responsibility to work together and to share information with agencies for the well being of the child. It is my responsibility to share information with professionals such as Social Workers, Social Services, Doctors, Speech therapists, Police etc.
Childcare Act (2006)
??? Local Authorities have the responsibility to provide services for children i.e. Sure Start Children??™s Centres,
??? The Act guarantees accessible, high quality childcare and other services for children under five and gives parents greater choice in balancing work and family.
??? The Act places responsibility for childcare provision with Local Authorities, charging them with raising quality, improving delivery, and achieving better results.
??? All children under five will have access to high quality early learning and care and better access to early childhood services by the free offer of care and learning which will increase and become more flexible for parents of three and four year olds that want it
??? A high quality learning and development framework for young children – the Early Years Foundation Stage will be developed – all providers registered on the early years register will have to work to this framework which will support the work to improve outcomes for young children
??? Local Authorities are to provide better joined up and accessible early childhood services through childrens centres
??? Working parents will be given the choice of a wide range of childcare
What does it mean for me as a childminder ??“ It is my responsibility that I follow and have a good working knowledge of the EYFS.
Equality Act (2010)
??? The Equality Act 2010 is the law which bans unfair treatment and helps achieve Equal Opportunities in the workplace
??? The Equality Act sets out the different ways in which it is unlawful to treat someone, such as direct and indirect discrimination, harassment, victimisation and failing to make a reasonable adjustment for a disabled person
??? From 1 October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA)
??? The Equality Act 2010 aims to protect disabled people and prevent disability discrimination
??? The Equality Act also provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person.
The act covers nine protected characteristics, which cannot be used as a reason to treat people unfairly. The act protects everyone against unfair treatment.
The protected characteristics are:
??? gender reassignment
??? marriage and civil partnership
??? pregnancy and maternity
??? religion or belief
??? sexual orientation
What does it mean for me as a childminder ??“ It is my responsibility to ensure that all children and people are treated fairly and that I give each child the same standard of care and I give each child the same access to care. I must anticipate the care that I give to all children regardless of their individual needs. I must not discriminate against a child and ensure that their attitudes are reflected positively within my setting
What is the role of Ofsted
The role of Ofsted is to protect children from harm, Ofsted ensures that childcare providers meet the requirements as set out in the Early Years Foundation Stage (EYFS), to make sure that standards of care meet specific requirements, to make sure that only suitable people look after children through carrying out enhanced CRB checks and they provide answers to childcare questions through their help line.
Ofsted is responsible for inspecting and regulating education and training for learners of all ages and for inspecting and regulating those services which care for children and young people.
It is the role of Ofsted (Office for Standards in Education) to register and inspect all childcare providers, including:
??? pre schools/playgroups
??? out-of-school and holiday clubs
??? home childcarers
??? Childrens Centres
??? registered creches
How do they carry out their role
??? Ofsted carry out checks. An Ofsted inspector will arrange a convenient time to carry out a registration visit where you will need to show how you meet the requirements of the EYFS. The registration visit has to be done before you can look after any children.
??? If you are successful you will receive a registration certificate and be able to start work as a registered childminder.
??? Once you are registered an Ofsted inspector will carry out an inspection within 6 months of your registration. The Ofsted inspector will observe how you look after the children and follow the requirements of the EYFS.
??? Ofsted will inspect and grade providers under each of the following headings before making a judgement on the overall grade they award: overall effectiveness of the early years provision, leadership and management of the early years provision, and quality and standards of the early years provision.
??? Following an inspection, Ofsted produce and publish a report, which gives an overall grade for the setting and a breakdown of each area of the inspection and the grades awarded within it. The report will also highlight what the childcare provider is doing well and outline any recommendations and actions for any areas that require improvement.
??? Ofsted deal with complaints that a parent has made about your childcare setting. They will follow up the complaint and will carry out an investigation. If Ofsted decide you have done something wrong they have the right to de register you. Ofsted can provide you with action key points for you to carry out to improve your childcare setting. If your childcare setting does not improve over a specified period of time Ofsted can say that you are not suitable to be a childminder.
??? Ofsted inspect and regulate services which care for children and young people, and those providing education and skills for learners of all ages.te:
What must you have in place before you can work as a home-based childcarer or childminder
??? You will need to attend a pre-registration session where you will find out more about becoming a childminder.
??? You will have to study an introductory childcare course ??“ Diploma for the Children and Young People??™s Workforce Unit 5: Setting up a home-based childcare service (within six months of registration).
??? Once you have submitted your application and paid a registration fee, Ofsted will advise you on how to apply for an enhanced Criminal Records Bureau (CRB) disclosure.
??? All people aged 16 and over who are regularly in your home must also have a Criminal Records Bureau disclosure (this includes members of your family).
??? You will need to complete a paediatric first-aid course (before you are registered)
??? You will need to have Public Liability Insurance
??? You will need to contact your Car Insurance. Childminders need to ensure that their car is insured for business purposes if it is used to transport minded children.
??? You will need to contact your Household Contents Insurance Because a childminding business is operated from a home, household insurance needs to be updated. Failure to inform household insurers that a childminding business is operated could invalidate any future claim.
??? You will need to register as a food business establishment with Environmental Health as you will be offering food, drinks and snacks to children in your care
??? You will need to register with Planning as you will be running a business from your home
??? You will need to contact Inland Revenue – When you become self-employed you have to notify HMRC, otherwise a penalty of ?100 may be liable. You have to inform them within three months of starting up your business.
??? You will need to have written your policies , procedures and risk assessments that Ofsted say that you must have in place
??? You will need a business plan that includes financial planning
Policies and Procedures
It is an EYFS welfare requirement that all childcare settings have polices and procedures for the safe and efficient management of the setting and to meet the needs of the children (EYFS Statutory Framework)
What is the difference between a policy and a procedure
A policy is a written document, which sets out work practices. Policies are working documents that should be referred to, shared with parents/carers and reviewed at least every year. Policies deal with the “what” and the “why”.
A policy is a written statement about how you will work in one area of your practice.
A procedure is a particular way of accomplishing something. A procedure is a series of steps to be followed as a consistent and repetitive approach to accomplish an end result. Procedures are detailed and rigid and tells users how to, and who will, implement the policy. They are specific, factual and to the point. A procedure is the actions you will take to carry out the policy. As such, procedures follow on from polices, as they state how you will make sure your ???rules??™ are followed on a day to day basis.
List the policies and procedures that Ofsted say that you must have in place
??? Managing Behaviour
??? Inclusion/Equal Opportunities
??? Safeguarding Children
??? Illness and infectious diseases/ Accidents and Emergencies/ Administering Medication/ Evacuations
??? Lost / Missing Child
??? Failure to collect a child
List 2 reasons why it is a good idea to have written polices and procedures
??? Written policies are a good way of explaining to parents/carers the way in which I work and can help to depersonalise sensitive issues.
??? Policies and procedures should be written so that parents can have a copy of them which they will need to sign to say that they agree with them
??? Writing my policies will also help me plan for emergencies when I do not have time to work out what the correct procedure is from scratch and I can relate back to them
??? Having this information in writing helps me to demonstrate that my setting meets legal guidelines, an important factor in getting a good Ofsted grading
??? Having a set of written policies is a way of ensuring that parents have all the information they need about my business.
??? They help to avoid any misunderstanding. If, for instance I have a Sickness Policy detailing that I cannot care for sick children and what arrangements a parent must make if the child is ill, then it avoids the embarrassment of parents turning up with poorly children and having to be turned away.
??? Parents know exactly where they stand and the information is there to hand rather than having to remember all the rules.
??? They ensure there is consistency in my setting, and make sure that everyone is dealt with fairly.
??? They show professionalism, and indicate that I approach important issues in a business-like manner.
??? They help me consider the effectiveness of my practice, by writing procedures down I can see if there may be a better way of achieving the same outcome.