The Day Care and Child Minding (National Standards) (England) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/1996 |
| Year | 2003 |
2003 No. 1996
CHILDREN AND YOUNG PERSONS, ENGLAND
The Day Care and Child Minding (National Standards) (England) Regulations 2003
Made 1st August 2003
Laid before Parliament 8th August 2003
Coming into force 1st September 2003
In exercise of the powers conferred upon the Secretary of State by sections 79C and 104(4) of the Children Act 19891, the Secretary of State for Education and Skills, having consulted Her Majesty’s Chief Inspector of Schools in England and such other persons as he considered appropriate, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Day Care and Child Minding (National Standards) (England) Regulations 2003 and shall come into force on 1st September 2003.
(2) These Regulations apply only in relation to England.
Revocation
2. The Day Care and Child Minding (National Standards) (England) Regulations 20012, are hereby revoked.
Interpretation
3. In these Regulations—
“the Act” means the Children Act 1989;
“child care category” means each one of the five categories of child minding and day care provision set out in the national standards documents;
“corporal punishment” means anything done for the purpose of punishing the child (whether or not there are other reasons for doing it) which, absent any justification, would constitute battery;
“national standards” means the standards numbered 1 to 14 set out in each of the national standards documents;
“national standards document” means a document published by the Department for Education and Skills listed in Schedule 1 to these Regulations;
“parent”, in relation to a child, includes any person—
(a) who is not his parent but who has parental responsibility for him, or
(b) who has care of him;
“person in charge” means in relation to day care the individual appointed by the registered person as the person in charge of providing actual day care on the premises;
“premises” means the premises where day care or child minding is provided as described on the certificate of registration ;
“registered person” means a person registered under Part XA of the Act as a child minder or a provider of day care;
“supporting criteria” means the criteria set out in respect of each national standard in each national standards document.
National Standards
4.—(1) In exercising his functions under Part XA of the Act, the Chief Inspector—
(a)
(a) shall have regard to the national standards and supporting criteria; and
(b)
(b) may take account of—
(i) the duty imposed on a registered person by paragraph (2); and
(ii) any failure or alleged failure of such a person to comply with that duty in any respect or on any occasion.
(2) A registered person who acts as a child minder, or provides day care, on premises shall—
(a)
(a) comply with the requirements of these Regulations;
(b)
(b) meet the requirements of the national standards; and
(c)
(c) have regard to the supporting criteria that are applicable to the child care category into which the care provided by him falls and to any additional or alternative supporting criteria which he is notified by the Chief Inspector are applicable to that care.
(3) Any allegation that a registered person has failed to comply with paragraph (2) may be taken into account in any proceedings under Part XA of the Act.
Prohibition on use of corporal punishment
5.—(1) A registered person shall not give corporal punishment to a child for whom he acts as a child minder or provides day care and, so far as is reasonably practicable, shall ensure that corporal punishment is not given to any such child by—
(a)
(a) any person looking after children on the premises;
(b)
(b) any person in charge; or
(c)
(c) any person living or working on the premises.
(2) A person shall not be taken to have given corporal punishment in breach of paragraph (1) if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person (including the child himself).
Provision of information
6.—(1) A registered person shall notify the Chief Inspector of the occurrence of any of the events set out in Schedule 2 to these Regulations and shall at the same time provide him with any information specified in that Schedule in respect of that event.
(2) Notification shall be made—
(a)
(a) where it is reasonably practicable to do so, in advance of the event occurring, and
(b)
(b) in all other cases as soon as reasonably practicable, but not later than 14 days, after the event has occurred.
Keeping of records
7.—(1) Subject to paragraph (3), a registered person shall—
(a)
(a) keep at the premises, or at another location notified to and agreed by the Chief Inspector, all the records specified in paragraphs 1 to 6 of Schedule 3 to these Regulations;
(b)
(b) preserve every entry in the records specified in paragraphs 4, 5 and 6 of that Schedule for a period of two years from that date on which the entry was made; and
(c)
(c) provide the Chief Inspector with copies of such of those records as he may from time to time request.
(2) A registered person who provides day care shall—
(a)
(a) keep at the premises, or at another location notified to and agreed by the Chief Inspector, all the records specified in paragraphs 7 to 11 of Schedule 3 to these Regulations;
(b)
(b) provide the Chief Inspector with copies of such of those records as he may from time to time request.
(3) A registered person who provides day care by means of an open access scheme is not required to keep the records specified in paragraphs 1, 2, 4 and 9 of that Schedule.
(4) An “open access scheme” is a scheme for the provision of day care which does not require—
(a)
(a) children to be accompanied by a parent or other responsible person while on the premises at which the day care is provided; or
(b)
(b) children to be escorted by a parent or other responsible person to and from those premises.
Notice
8.—(1) Where the Chief Inspector considers that a registered person has failed or is failing to comply with the requirements of regulation 4(2) or regulation 7 he may give notice to the registered person specifying—
(a)
(a) in what respect that person has failed or is failing to comply with those requirements;
(b)
(b) what action the person should take to comply; and
(c)
(c) the period within which that person should take that action, such period to begin with the date of the notice.
(2) A registered person shall comply with the terms of the notice within the period specified in that notice.
(3) A notice under this regulation shall be given in accordance with regulation 9.
Service
9.—(1) A notice may be given by being delivered personally to the registered person, sent by post in a registered letter or by the recorded delivery service or by being transmitted electronically.
(2) For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a registered person enclosing a notice given under this regulation shall be deemed...
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