Childcare Act 2006

1. highlight no. 234
Childcare Act 2006
Introduction
The Childcare Act 2006 is the first piece of legislation
solely dedicated to early years services in England and
Wales. It provides the legislative framework for many of the
proposals described in the ten-year childcare strategy
1
in
which the government set out its vision for childcare
services in England under four broad themes:
Choice and flexibility: giving parents more choice about
work/life balance and making changes to parental leave
Availability: increasing the number of Sure Start
Children’s Centres to 3,500 across England by 2010 and
proposing the introduction of ‘wraparound’ (8am to
6pm) childcare in extended schools by 2010
Quality: providing a highly qualified workforce, a new
framework integrating care and learning, new
regulation and inspection regimes and better
information for parents
Affordability: ensuring that families are able to afford
childcare that is appropriate for their needs, increasing
the childcare element of the Working Tax Credit, and
increasing the free entitlement to early years provision.
Changes to parental leave and pay were introduced by the
Work and Families Act 2006. The commitment by
government to provide parents with a free entitlement to
childcare and a requirement on local authorities to secure
sufficient childcare provision to satisfy local needs appears
in the Childcare Act 2006 as does the reform of the
regulatory framework for childcare in England.
In the Wales childcare strategy,
2
a clear programme of
action was laid out to help ensure that childcare meets the
developmental needs of children in Wales; that childcare is
affordable and available to enable parents to train or work;
and that childcare is provided so that parents can balance
work, life and family commitments. Priority areas for
action included measures to ensure that childcare was
available to diverse communities, and the introduction of
the Flying Start childcare and family support programme.
The paper also proposed legislative change in order to
oblige local authorities to secure sufficient childcare.
Legislative context
The Childcare Act sits within the framework of changes to children’s services started by the Children Act 2004 and the Every Child Matters programme.
Children Act 2004
Sections 10 (England) and 25 (Wales) of the Children Act 2004
3
place a reciprocal duty on local authorities and
partner agencies to cooperate in order to improve the
well-being of children in their area. ‘Well-being’ refers to
the five outcomes for children and young people as set out
in Every Child Matters:
4
mental and physical health;
protection from harm and neglect; education, training and
recreation; making a positive contribution to society; and
social and economic well-being. Sections 17 (England) and
26 (Wales) require local authorities to prepare and publish
an overarching Children and Young People’s Plan (CYPP)
to cover all local children’s services. Provisions in the
Childcare Act 2006 fit within this overarching framework.
Education and Inspections Act 2006
Section 38 of the Education and Inspections Act 2006
5
places a new duty on school governing bodies in England to consider the well-being of pupils referring to the five outcomes for children; to promote community cohesion; and to have regard to the CYPP.
Childcare Act 2006
The Act is divided into four Parts and three Schedules:
Part 1 Places new duties on local authorities in England
Part 2 Places new duties on local authorities in Wales
Part 3 Provides for regulation and inspection of
childcare in England (Schedule 1 covers amendments to
the curriculum)
Part 4 Contains general provisions (Schedules 2 and 3
deal with amendments and repeals).
Definitions
In the Childcare Act 2006,
6
the definitions of ‘childcare’
differ for England and Wales. For the English sections,

2. highlight no. 234
‘childcare’ (s.18) refers to any form of care for a child
including education and any other supervised activity, but
does not include education provided by a school to a
registered pupil during school hours, health or hospital
care, foster or residential care, or care for a child placed in
a custodial institution. Childcare also excludes care
provided by a parent, step parent or relative of the child. In
Wales, ‘childcare’ refers to the definition provided by the
Children Act 1989, meaning childminding and day care.
A number of additional definitions apply to England only.
A ‘young child’ (s.19) remains so until 31 August following
his or her fifth birthday, allowing for an overlap with the
start of compulsory education. ‘Early years provision’
(s.20) describes childcare for a young child. ‘Early
childhood services’ (s.2(1)) comprises early years provision
as well as relevant social services functions including
parenting classes; health services including health visitors,
midwives and speech and language support; the
employment service or JobCentre Plus; and information,
advice and assistance for parents. This partnership of early
childhood services emulates the wider strategic partnership
or children’s trust described in s.10 of the Children Act
2004, and is the partnership associated with delivering Sure
Start Children’s Centres. ‘Parent’ (s.2(2)) includes people
with parental responsibility and prospective parents. ‘Later
years provision’ (s.96(6)) – a term used in relation to
Childcare Act inspection and regulation requirements –
covers children from 1 September following their fifth
birthday up to an age to be prescribed in regulations, but
likely to be 14 (18 if the child is disabled).
Local authority duties in England
Section 1 places a duty on local authorities to improve the well-being of, and reduce inequalities between, young children in their area, with specific reference to the five outcomes for children. Draft guidance on the outcomes duty states that the government’s aim is to improve social mobility for those children at risk of doing less well, and in particular to narrow the gap between the 20 per cent of children with the poorest Early Years Foundation Stage Profile results and the rest of the population of young children in the area, whilst improving outcomes for all young children.
7
Regulations,
8
in force since 5 June 2007,
provide for statutory early years outcomes targets to be
negotiated between the Secretary of State for Children,
Schools and Families and each local authority area.
These targets are also referred to in supplementary
guidance to the CYPP,
9
as is the requirement to subject the
CYPP to race and disability equality assessments. From
2008, the Childcare Act outcomes targets will be statutory
local improvement targets in each local authority’s Local
Area Agreement.
The local early years partnership – the local authority,
health and employment services – is established under s.4 of
the Act. Like the wider children’s trust partnership, these
agencies may choose to pool resources including staff,
goods, services and accommodation as well as funds in
order to support the work of the partnership.
Under s.3 of the Act, the local authority must make
arrangements to secure the provision of integrated early
childhood services in order to facilitate access to these
services and maximise their benefits to parents, prospective
parents and young children. Parents, providers and others
should be involved in this process. The integrated service
model refers to the s.4 early years partnership as well as
children’s information services (s.12). The government will
issue guidance to s.3, which will come into force in April
2008. Under s.3(3), local authorities have a duty to identify
parents who, although unlikely to use the service may
benefit from doing so, potentially helping the local
authority to meet its obligations to improve local outcomes
and reduce inequalities. Section 7 of the Act places a duty
on local authorities to provide free early years provision of
a prescribed description for children of a prescribed age –
the legislative basis for the government’s commitment to
the provision of free childcare to all three- and four-year-
olds for at least 12.5 hours a week for 38 weeks a year,
rising to 15 hours a week by 2010. The government will
issue guidance to local authorities.
Section 3(5) of the Childcare Act 2006 places a new duty
on local authorities to take into account the views of young
children when discharging relevant duties which, according
to Lord Adonis during debates on the Bill, ‘can encompass
all aspects of the design, delivery and development of early
childhood services. However, by drafting the requirement
in this way, we avoid the risk that local authorities will be
compelled to try to engage young children on matters
where meaningful consultation is simply not possible . . .’.
10
Section 6 relates to children up to the age of 14 (or 18 if
disabled), requiring the local authority to provide sufficient
childcare services to enable parents to work or train for
work, and for which they are expected to pay. Section 11,
in force from April 2007, deals with the local authority
duty to assess what is sufficient.
11
The four key steps to
sufficiency – analysing demand, mapping supply, mapping
supply to demand, and securing sufficiency – are placed
within the broader Every Child Matters joint planning and
commissioning framework.
12
The local authority is
expected to manage the local childcare market rather than
directly supply childcare, which can involve a mix of
private, public, voluntary and independent providers.
Guidance on s.6 relates ‘sufficiency’ to a number of factors
including: number of places, flexibility, accessibility,

3. quality, range, knowledge and information, affordability,
inclusivity, and sustainability.
13
Section 6(2) stipulates that,
in assessing sufficiency, the local authority must have
regard to the needs of parents on a low income and those
with disabled children. The duty to secure sufficient
childcare comes into force in April 2008.
Children’s Information Services (CIS), already available in
every local authority, are given an extended brief under s.12
of the Act. In addition to providing information to parents
on local childcare, early education and other care and
support services for young children and their parents, the
CIS will be expected to provide information for the parents
of children and young people up to the age of 20 on other
local services that may be relevant: education and family
learning, health and well-being, play and recreational
facilities, social care and family support, youth services,
and specialist services for disabled children and young
people including Parent Partnership Services. Draft
guidance on the duty describes an integrated information
service that reaches out to those parents who might
otherwise have difficulty in accessing the service.
14
Under s.13 of the Act, local authorities retain their duty to
provide information, advice and training to childcare
providers, but gain the power to charge for it. Regulations
to this section come into force from October 2007.
15
Local authority duties in Wales
The Childcare Act 2006 introduces a number of similar duties to local authorities in Wales. Differences arise in the following areas:
In relation to the sufficiency duty (s.22), when deciding
whether childcare is sufficient, in addition to low-
income families and those with disabled children, local
authorities must ensure that Welsh language needs of
parents and children are taken into account
Under s.23, local authorities in Wales may themselves
provide childcare
Under s.26 the Welsh Assembly may rather than must
require local authorities to assess childcare provision
Local authority functions under this Act may be
inspected by Estyn.
16
Draft guidance has been published to s.22 and 26,
17
which
comes into force in April 2008.
Regulation and inspection in England
Legislation outlining the work of Ofsted, the ‘children’s inspectorate’, is found in Part 8 of the Education and Inspections Act 2006. Part 3 of the Childcare Act deals with reforms to the regulation and inspection system for
childcare and early years provision in England, replacing
Part XA and Schedule 9A of the Children Act 1989 as
amended by the Care Standards Act 2000.
Section 31 describes the general functions of the Chief
Inspector to keep the Secretary of State informed about: the
contribution of regulated early years provision to the
well-being of children; the quality and standards of
regulated early years provision; how far it meets the needs
of young children; and the quality of leadership and
management in connection with early years provision.
The Chief Inspector is required to maintain two registers.
The Early Years Register (s.33-51), in force from September
2008, is compulsory, and covers early years childminding
(i.e. provision on domestic premises for reward) and other
early years providers (who register in respect of particular
premises). There are a number of exemptions including
childcare that takes place predominantly in the child’s
home, which would include nannies and babysitters;
evening provision between 6pm and 2am; crèches; activity
based provision; and faith settings such as Sunday schools
or Madrassas. In order to satisfy registration requirements,
early years providers must implement the Early Years
Foundation Stage (EYFS). Maintained (s.34) and
independent (s.47) schools are exempt from the
requirement to register early years school-based provision
for children aged three or more that includes at least one
registered pupil, but are subject to the existing school
inspection systems, and will also have to deliver the EYFS.
The Childcare Register (s.62-67) is in two parts: Part A, in
force from September 2008, is compulsory and affects
those providing childcare for children aged five to seven;
and Part B, in place from April 2007, is voluntary
18
and can
include any provider who chooses, but is not required, to
register on either the Early Years Register or Part A of the
Childcare Register. Section 35 enables the Secretary of State
to make regulations governing the activities of those who
join the Childcare Register. These may deal with matters
ranging from the welfare and safeguarding of the children
concerned, and staff qualifications and training, to the
suitability of premises and equipment, and complaints
procedures and record-keeping.
It is an offence for a person to provide non-exempt
provision without registering with Ofsted.
Early Years Foundation Stage
Sections 39 to 46 of the Act establish the legislative framework for the Early Years Foundation Stage (EYFS), a single quality framework for care, development and learning for children from birth to five.
19,20
The EYFS brings
together three existing frameworks: Birth to Three Matters,
Curriculum Guidance for the Foundation Stage and
Childcare Act 2006

4. National Standards for Under Eights Day Care and
Childminding.
21,22,23
It consists of two parts: learning and
development requirements, and welfare requirements. The
learning and development requirements (s.41) describe
early learning goals and educational programmes that
involve six areas – personal, social and emotional
development; communication, language and literacy;
problem solving, reasoning and numeracy; knowledge and
understanding of the world; physical development; and
creative development – as well as assessment arrangements.
The welfare requirements (s.43) are subject to regulations
and refer to the welfare of children; safeguarding
arrangements; the suitability of staff as well as their
qualifications and training; the suitability of premises and
equipment; the manner in which the provision is organised;
complaints procedures and record keeping; and the
provision of information.
The EYFS becomes mandatory for all Ofsted registered
settings and schools caring for children under five in
September 2008 when the Early Years Register becomes
operational. The main provisions of the Childcare Act 2006
will come into force in 2008.
Lisa Payne August 2007
References
1. HM Government (2004) Choice For Parents, The Best Start For
Children: A ten year strategy for childcare.London: TSO.
2. Welsh Assembly Government (2005) Childcare Strategy for Wales:
Childcare is for children.Cardiff. WAG.
3.Children Act 2004.London: TSO.
4. HM Treasury (2004) Every Child Matters.London: TSO.
5.Education and Inspections Act 2006.London: TSO.
6.Childcare Act 2006.London: TSO.
7. Department for Education and Skills (2007) Raising Standards,
Improving Outcomes: Draft statutory guidance on the early years
outcomes duty. London: DfES.
8. Department for Education and Skills (2007) Local Authority Targets
(Well-Being of Young Children) Regulations 2007.London: DfES.
9. Department for Education and Skills (2007) Annual Review of the
Children and Young People’s Plan: Supplementary guidance 2007.
London: DfES.
10. House of Lords (2006) Hansard,26 June, col. 1011.
11. Department for Education and Skills (2007) Childcare Sufficiency
Assessments: Guidance for local authorities.London: DfES.
12. HM Government (2006) Joint Planning and Commissioning
Framework For Children, Young People and Maternity Services.
London: DfES.
13. Department for Children, Schools and Families (2007) Securing
Sufficient Childcare: Guidance for local authorities.London: DCSF.
14. Department for Education and Skills (2007) Statutory Guidance on
Section 12 of the Childcare Act – The Duty to Provide Information,
Advice and Assistance.London: DfES.
15. Department for Education and Skills (2007) The Childcare Providers
(Information, Advice and Training) Regulations 2007.(SI.1797).
London: DfES.
16. Estyn is the office of HM Chief Inspector of Education and Training
in Wales.
17. Welsh Assembly Government (2007) Childcare Act 2006: sections 22
and 26 consultation.Cardiff: WAG.
18. Ofsted (2007) Guide to Registration on the Voluntary Part of the
Childcare Register.London: Ofsted.
19. Department for Education and Skills (2007) Early Years Foundation
Stage. London: DfES.
20. Department for Education and Skills (2007) Statutory Framework for
the Early Years Foundation Stage.London: DfES.
21. Department for Education and Skills (2002) Birth to Three Matters:
A framework for supporting children in their earliest years.
London: DfES.
22. Qualifications and Curriculum Authority (2000) Curriculum
Guidance for the Foundation Stage.London: QCA.
23. Department for Education and Employment (2001) National
Standards for Under Eights Day Care and Childminding.London:
DfEE.
Further reading:
McAuliffe, A, Linsey, A and Fowler, J (2006) Childcare Act 2006:
The essential guide.London: National Children’s Bureau and NFER.
highlight no. 234
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