Childcare inspection and regulation

The Ten Year Strategy for Childcare (2004) - 'Choice for parents, the best start for children' - set out a commitment to rationalise and simplify the complex and confusing arrangements for the regulation of childcare, while ensuring that children are safe and well cared for. These changes are being introduced through the Childcare Act 2006.

Current arrangements

Currently, childcare for children under the age of eight is registered by the Office for Standards in Education, Children's Services and Skills (Ofsted), unless it is activity based or provided in the child’s home. It also needs to comply with the National Standards.

Up to the end of September 2007, nannies and childminders caring for children aged over seven applied to the Childcare Approval Scheme (CAS), but this scheme is now being phased out. As of 1 October 2007, the CAS no longer accepts any new applications. Childcare providers will need to be aware of a new set of arrangements. The new arrangements will mean all types of care can be registered by Ofsted if they meet the requirements.

There is a factsheet about the current arrangements for care for children under eight or read further information about the new arrangements below.

The new arrangements

The Childcare Act 2006 requires Ofsted to operate two registers - the Early Years Register (EYR) and the Ofsted Childcare Register (OCR):

Early Years Register

The Early Years Register will be compulsory for most childcare providers working with or caring for young children from birth until the August following their fifth birthday. Unless they are exempt, these providers must offer care and early learning to meet the Early Years Foundation Stage (EYFS). EYFS is the new framework setting the standards for learning, development and care for children from birth to five.

Further information on the Early Years Foundation Stage is available on the TeacherNet website.

Ofsted Childcare Register

This register will have two parts:

• Compulsory part
  Providers of childcare for children from 1 September following their fifth birthday (i.e. the end of the Foundation Stage) up to seven must register on the compulsory part of the register, unless exempt. The compulsory part of the Ofsted Childcare Register began in September 2008.
  
• Voluntary part
  Providers of childcare to children aged eight and over, or care that is exempt from compulsory registration, can now choose to be registered on the voluntary part of the register if they meet the requirements. The voluntary part of the Ofsted Childcare Register began in April 2007.
  A factsheet about the voluntary part of the Ofsted Childcare Register is available, or go to the Ofsted website to register.

Care that is provided in the child's home will be exempt from compulsory registration. Further details about other care that will be exempt can be found in the Ofsted guidance note on the Registration of childcare providers from September 2008.

Following the introduction of the voluntary part of the Ofsted Childcare Register, the Childcare Approval Scheme has stopped taking applications as of 1 October 2007. Also, from 1 October 2007, childcare that is approved by accredited quality assurance schemes is no longer considered eligible care for the purpose of claiming working tax credits or employer childcare vouchers.

Childcare Provided by Schools

Childcare provided directly by schools for pupils over the age of three, on or off the school site, will not be registered by Ofsted. Instead it will be inspected through the schools inspection system.

For further information download a factsheet on the future arrangements for children under eight.

Information sharing in the British Islands

The regulatory authorities for childcare in the British Islands have agreed a set of principles to enable registered childcare providers to move between authorities without undue bureaucracy and to maintain child safety. These principles are designed to promote and enhance collaborative working between authorities using reciprocal procedures for seeking information about childcare providers previously registered with other authorities.

Information Sharing Principles for the Early Years Regulatory Authorities of the British Islands provides further detail.