COMMENT
Childcare Act 2006 c. 21

Childcare Act 2006 c. 21 (Note)

These notes refer to the Childcare Act 2006(c.21) which received Royal Assent on 11 July 2006

CHILDCARE ACT

EXPLANATORY NOTES

INTRODUCTION

1. These explanatory notes relate to the Childcare Act 2006 which received Royal Assent on 11 July 2006. They have been prepared by the Department for Education and Skills in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.

2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or subsection does not seem to require any explanation or comment, none is given.

BACKGROUND

3. In relation to England, the Act is intended to assist in the implementation of the aims set out in Choice for parents, the best start for children: a ten year strategy for childcare, published on 2 December 2004, which set out the Government's plans for the future of childcare. In relation to Wales, it will assist the implementation of Childcare is for Children, published on 29 November 2005.

OVERVIEW

4. The Act is divided into 4 Parts.

5. Part 1 makes provision relating to new duties on local authorities in England.

6. Part 2 makes provision relating to new duties on local authorities in Wales.

7. Part 3 makes provision relating to the system of regulation and inspection of childcare in England.

8. Part 4 contains miscellaneous and general provisions.

SUMMARY

Part 1: General Functions of Local Authority: England

9. This Part sets out the duties placed upon local authorities in three main areas - improving the outcomes for young children, securing sufficient childcare and providing information to parents. These duties reflect the growing strategic role that local authorities have in planning, commissioning and delivering services for children and families. The duties in this Part will allow local authorities the flexibility to implement delivery in ways that best suit their particular circumstances, and will allow future development without the need to alter the underpinning legislation.

10. Part 1 requires local authorities in England to improve well-being for young children, and defines well-being according to the five outcomes identified in the Green Paper 'Every Child Matters' (September 2003): being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic well-being. It requires early childhood services (identified as early years provision, health services, social services and employment services) to be provided in an integrated manner. It provides for the NHS and Jobcentre Plus to work in partnership with the local authority to deliver these early childhood services in an accessible and integrated way.

11. Local authorities are also required to secure sufficient childcare for working parents and those making the transition to work. They have a duty to regularly assess demand for, and availability of, local childcare provision and to support local childcare providers with information, advice and training. Local authorities will generally be able to charge for childcare which they provide but they are required to secure that a prescribed amount of early years provision is provided free of charge for young children.

12. This Part also places a duty on local authorities to set up and run a service for parents and prospective parents, providing information on services, facilities and publications which may benefit them or children or young people and providing advice and assistance on childcare.

Part 2: General Functions of Local Authority: Wales

13. Part 2 requires local authorities in Wales to secure sufficient childcare for working parents and those making the transition to work. It enables regulations to be made requiring the local authority to regularly assess demand for, and availability of, local childcare provision.

14. This Part also places a duty on local authorities in Wales to set up and run a service for parents and prospective parents, providing information on services, facilities and publications which may benefit them or children or young people and providing advice and assistance on childcare.

Part 3: Regulation of Provision of Childcare in England

15. Part 3 of the Act puts in place legislative provisions to implement the proposals to reform regulation and inspection...

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