Commentary on Sections Schedule 4: Ill-treatment or wilful neglect by care worker: excluded health care
224.Schedule 4 sets out a range of children’s services and settings in which health care is to be treated as excluded health care for the purposes of section 20 (ill-treatment or wilful neglect: care worker offence). The Government’s view is that there already exist sufficient safeguards in respect of children in these services and settings so that adequate protections are in place. For adults in these settings and services, the likelihood of them needing health care from someone who would meet the definition of “care worker” is very small, and the risk of them suffering ill-treatment or wilful neglect from such a care worker smaller still.
225.Paragraph 1(1) defines “excluded health care” for the purposes of the offence established in section 20. The scope of the exclusion covers health care provided in:
	all educational institutions listed in paragraph 3, including Academies, free schools, boarding schools, pupil referral units, and sixth form colleges;
	other premises while they, or a part of them, are being used for an education or childcare purpose described in paragraph 2, including early years or later years provision, childminding or day care;
	all children’s homes and residential family centres.
226.Sub-paragraph (2) provides that health care provided on part of the premises of an educational institution listed in paragraph 3 is not to be treated as excluded health care if, at the time it is provided, that part of the premises is being used for purposes other than purposes connected with the operation of the premises or an education or childcare purpose. For example, health care provided in a school hall while the hall is being used for a school assembly would be excluded health care, while health care provided in the hall while it is being used as a venue by a community group, such as a keep fit club or charity event, would not.
227.Sub-paragraph (3) provides that health care provided at the premises of a hospital where education is provided is not to be treated as excluded health care.
228.Paragraph 2 specifies the activities that are to be treated as an education or childcare purpose in respect of paragraph 1(1)(d) and 1(2)(b). For example, where a church hall is used to provide early years care as described in sub-paragraph (d) during the week, but also for parties, wedding receptions, community group meetings etc, in the evenings or at the weekend, only health care provided at the church hall while it is being used for the provision of early years care will be excluded health care. Health care provided at any other time, or on a part of the premises used for something other than the education or childcare purpose, will be subject to the care worker offence.
229.Paragraph 3 defines the meaning of “educational institutions” in this Schedule. They include
	nursery, primary, and secondary schools, both maintained and independent;
	Academies and free schools;
	pupil referral units;
	sixth form colleges and special post-16 education institutions.
230.Paragraph 4 defines various words and phrases for the purposes of this Schedule.