186.Part VI inserts a new Part (Part XA) into the Children Act 1989 which provides for child minding and day care for young children in England and Wales. Part X of the Children Act continues to apply to Scotland. In England the responsibility for child minding and day care regulation is transferred from local authorities to Her Majesty’s Chief Inspector of Schools for England (HMCIS). The functions will be brought together with those in respect of the inspection of nursery education under a new Early Years Directorate within Ofsted.
187.In addition, the new Part XA makes changes to the present system of child minding and day care regulation. For example, it gives the Secretary of State powers to make regulations governing the activities of registered providers (such as in respect of qualifications and training or the safety of premises) and introduces a requirement to publish inspection reports. In Wales the responsibility for child minding and day care regulation will pass to the registration authority established as part of the National Assembly for Wales. Her Majesty’s Chief Inspector of Education and Training in Wales, working through Estyn (the Welsh equivalent of Ofsted), will continue to inspect early years education under existing powers.
188.In addition, the new Part XA provides for checks on the suitability of persons working with older children.
Commentary on Sections Part Vi – Child Minding and Day Care for Young Children