Commentary on Sections and Schedules Part 3 – Regulation of Provision of Childcare in England Chapter 5 – Common Provisions Section 78: Requirement for consent to entry
154.There are circumstances in which a power of entry conferred by the Act is exercisable on domestic premises. In particular, many children are looked after in the homes of their childminders.
155.In other cases, children may be looked after in the home of a friend or relative of the childminder or in their own home. In such cases, section 78 generally requires the consent of an adult occupying the property before a power of entry under the Act may be exercised (see subsection (2)). This requirement does not apply to entry under section 77(1) (which covers rights of entry where a person authorised by the Chief Inspector has reasonable cause to believe that that a person is providing early years or later years provision without being registered as required by the Act).
156.Subsection (3) clarifies that the Chief Inspector may impose a condition on registration requiring a provider who operates on premises which are not his own to obtain the necessary consent to entry.