Children and Families Act 2014 Explanatory Notes

Part 4: Childcare etc

21.Part 4 of the Act contains various provisions relating to childcare, some of which flow from proposals described in More Great Childcare which the Government published on 29 January 2013 and which includes the Government’s response to Professor Cathy Nutbrown’s report, Foundations for Quality (published in June 2012). Section 3D of More Great Childcare refers to the plans to introduce childminder agencies.

22.This Part contains provision:

  • For childminder agencies (that is persons who are registered in the appropriate childcare register by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) and who are therefore able to register childminders and other providers of childcare on domestic premises for the purposes of Part 3 of the Childcare Act 2006);

  • For the Chief Inspector to charge a fee for carrying out an inspection of early years childcare provision where the inspection is carried out at the request of the provider and the Chief Inspector is required by the Secretary of State to conduct the inspection;

  • To allow regulations to be made about the way local authorities meet their duty to secure early years provision for young children;

  • Repealing the duty in section 11 of the Childcare Act 2006 on English local authorities to prepare, at least every three years, an assessment of the sufficiency of the provision of childcare in their area;

  • To remove the requirements in section 28 of the Education Act 2002 on governing bodies of maintained schools to consult with local authorities, staff and parents on whether to offer community facilities or services. This would remove a current burden on schools considering offering before and after school childcare, amongst other services. It also removes the requirement for the governing bodies to have regard to advice or guidance from the Secretary of State or local authorities before providing such facilities;

  • For Her Majesty’s Revenue and Customs (HMRC) to undertake preparatory expenditure in relation to the introduction of a scheme for providing assistance in respect of the costs of childcare.

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