Welsh Government consultation: Changes to the registration
of childcare provision in Wales
Play Wales’ response
Section A – General Questions
Q1
Do you agree with the proposals to extend the upper age limit for
the compulsory registration of childcare to sixteen years (or 17 in the
case of disabled children). If not what do you consider should be the
upper age limit?
Yes
Children and young people aged eight and over using play or childcare
provision also need to be safeguarded by regulation. Children aged eight and
over are potentially vulnerable. Play Wales recommends that the regulations
and NMS are extended to cover provision for all children and young people
where it may be regarded that there is a duty of care placed upon the
provider.
Play Wales recommends that Welsh Government revisit the described ages
listed throughout the consultation document and uses consistent terminology
to avoid any ambiguity.
Q2
Do you believe there are any aspects missing form the current
childcare regulations?
Yes
The Regulations have the capacity to influence social change and roll back
particular regressive changes that have occurred as an unintended
consequence of UK Government actions in relation to the
withdrawal/reduction of legal aid, and the subsequent development of the ‘no
win no fee market’. As an unintended consequence as a society we have
become sufficiently risk averse to a point where children are being
psychologically damaged by the restriction in their opportunities to experience
risk and challenge as part of their natural play.
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Play Wales recommends that there is a regulatory requirement that play
providers demonstrate how they manage the tension between benefit and
risk, and how they support children and young people in creating and
encountering risk and challenge within their play. To support this we
recommend that the NMS direct play providers towards appropriate policy and
publications; particularly the High Level Statement Children’s Play and
Leisure – promoting a balanced approach published by the HSE and
Managing Risk in Play Provision: Implementation guide, published by the Play
Safety Forum and endorsed by the HSE. We recommend that the principle of
risk-benefit assessment be applied in all settings.
Q3
Although the proposed changes do not cover childcare provision
operating for less than two hours, we would welcome your views on
whether such childcare provision should be registered.
Play Wales recommends that children’s play needs, the national play policy
and the local implementation of the Play Sufficiency Duty would be better
served by regulation and NMS that is applicable to all children in all staffed
play provision.
The play sector has responded positively to such a proposal in successive
consultations on this matter and it remains unclear in the face of general
support for the inclusion of provision for less than two hours, why this has
been omitted from the proposed changes. Furthermore there has also been
support for withdrawal of the five day ‘loophole’. However, if Welsh
Government was to extend registration to include provision operating for less
than two hours, it will be essential that an appropriate lead in time be agreed,
to ensure that the many settings which currently operate as such would have
sufficient time to make the necessary changes to meet the NMS and
registration requirements.
It is also of concern to Play Wales that there is some anecdotal evidence of
short-term holiday childcare provision opening under the label of ‘sports
coaching and tuition’ thus avoiding regulation. Play Wales recommends that
attention be given to children attending sports provision in order that they are
ensured the same level of safeguarding as children in regulated provision.
It is recognised that there may be a few settings in which the application of
regulation and NMS may be problematic. This should not be allowed to
prevent the widening of regulation to better serve the needs of the significant
majority of children.
Whilst there might reasonably be a concern regarding over regulation we
would recommend that on the basis regulation and the NMS are applied to
‘prevent children from harm’, the requirement for inspection, and thus the
impact upon providers might be greatly reduced from the current application;
that the inspection process should be proportionate to the provision and
reflect a fitness of purpose, rather than present ‘one size fits all’ basis.
Accordingly it would become a practical and financially realistic proposition to
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encompass provision presently outside the regulatory framework. Our
responses throughout this document are predicated upon this understanding
of the intention of proportionality.
Minimum standards are achievable, however, the NMS (which should be used
as no more than a narrative to inform providers of what they might reasonably
be expected to consider in the development of their respective provision)
should be sufficiently flexible to accommodate the wide range of settings and
circumstances where both childcare and staffed play provision are delivered.
The NMS would better serve play providers if the definition of premises was
extended and clarified. For instance, mobile and peripatetic play provision is
not currently identified in the range of settings. Similarly Play Ranger projects
(that operate for less than two hours in one place or provide for children over
the age of eight) fall outside of regulation and should be included in the
framework.
Given the wide range of provision that exists within Wales, from two-week
holiday playschemes to year round permanent provision, Play Wales would
welcome a genuinely proportionate approach to inspection. While not
compromising on safeguarding children and young people from harm, it takes
into account the circumstances of the provision (opening dates/times, nature
of the setting and ages of children attending) and inspects accordingly. We
recommend that the content of the Standards that apply to play provision be
reduced and changed to reflect the recent positive operational changes (e.g.
Quality Judgment Framework) that CSSIW has been developing.
Q4
Do you agree the standards against which childcare provision is
regulated should be appropriate to the age of the child?
Yes
And we recommend adding the following words ‘and the nature of
provision’.
However an inevitable consequence of this move will be that the current ‘one
size fits all’ NMS will become less fit for purpose. Play Wales recommends
that if NMS are maintained, that a separate set should be used for application
to Open Access Play provision and provision for older children; that such
standards be developed in consultation with the sector working with children
in these categories and that they reflect a genuinely proportionate approach.
Q5
In regards to our proposed changes and recommendations,
please comment below on whether you agree with the
recommendations.
Standard 6.11
Yes
With the following amendment:
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Children aged under eight years are only released from the care of
the provision to individuals named by the parents except in Open
Access provision where children are permitted to come and go as they
please in accordance with the definition of Open Access Play unless
there is a significant risk to the child or other children in their leaving
the provision.
Children over eight are only released from the care of the provision
under arrangements which have been pre-agreed with parents except
in Open Access Play provision where children are permitted to come
and go as they please in accordance with the definition of Open
Access Play.
Standard 9.2
Yes
Standard 10.14
No/Yes
The current standard was introduced without consultation. Until the production
of the ‘one size fits all’ NMS, this standard whilst applying to other childcare
categories, did not apply to Open Access Play provision. Furthermore it
appears, at best, perverse to have a requirement (existing and proposed) of
the number of qualified first aiders in excess of the number of staff required
for staffing ratios; as detailed in NMS 15.4.
Play Wales recommends that for Open Access Play provision and provision
for children aged eight and over, the previous NMS be re-instated (with the
proposed change in regard of age appropriateness and lead in time):
7.7 There is at least one member of staff with a current first aid
training certificate on the premises or on outings at any one time. The
first aid qualification includes training in first aid for young children.
Standard 13.2 (CM) No/Yes
Play Wales recommends that where childminders are caring for children aged
eight years and older they should possess an appropriate qualification as
detailed on the SkillsActive List of Required Qualifications to work within the
Playwork Sector in Wales (or any list which supersedes it).
Standard 13 (DC) No/Yes
13.3 (DC) The proposed change to NMS whilst aspirational is potentially
unachievable. Many of the settings in which suitably experienced persons in
charge currently work are unregulated, particularly those who work with
children aged eight years and over. It follows that these persons will be
unable to meet the requirement of two years experience in a regulated
childcare setting. This wording needs further consideration to reflect the
change of regime and should, at the least, include where appropriate a lead in
time/cut off date.
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NMS 13.7 (DC)
The current standard was introduced without consultation. Prior to the
development of the ‘one size fits all’ NMS, this standard did not apply to Open
Access Play provision. This anomaly was identified by Play Wales when the
NMS were published, however not withstanding successive representation, it
has remained. It is Play Wales’ understanding that since that time the level 3
requirement of non-supervisory staff working in Open Access Play provision
has never been applied by the CSSIW.
We advise that, in respect of Open Access Play provision, for regulatory
purposes an appropriate level 3 qualification applies solely to the Person in
Charge.
Play Wales recommends that for Open Access Play provision and provision
for children eight years and over, the previous NMS be re-instated (with the
proposed change in regard of age appropriateness and lead in time):
The registered person ensures that at least 50% of playworkers have
qualifications at least level 2 from ACCAC’s National Qualifications
Framework for Early Years Education, Childcare and Playwork
SkillsActive’s List of Required Qualifications to work within the
Playwork Sector in Wales (or any list which supersedes it) appropriate
to the post and to the age of the children. Playworkers who do not have
previous experience of playwork, receive training on play and the
importance of different types of play to children and their development.
Standard 15
No/Yes
NMS 15.12 The staffing ratios for children eight years and over is
disproportionately high. Further there is a degree of ambiguity as to whether
children and young people who have a degree of freedom to arrive and leave
with their parents’ prior agreement would actually fall into the category of full
day childcare.
NMS 15.14 The ratio within Open Access Play provision particularly for those
working with children aged eight and over and young people in the upper end
of the age range is unrealistic and disproportionate and does not reflect the
nature of the provision.
Open Access Play provision for children up to the age of 16 years, already
operates successfully. In many instances, the children aged eight and over
(and under eight for that matter) are playing out and about and making their
own way to the provision with minimal supervision.
This proposal is disproportionate and will significantly and negatively impact
on Open Access Play provision and as a consequence is likely to impact on
the numbers of children and young people who will be able to access and
attend the play provision, particularly that which operates year round. Open
Access Play provision often operates in areas with indicators of multiple
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deprivation and the proposal as framed is likely to increase inequalities in
access to services for children living in poverty.
Play Wales recommends retaining the existing wording of the standard
regarding the staffing ratio in Open Access Play provision with the following
addition: .
'For Open Access Play provision staffing ratios should be sufficient and
proportionate, contributing to a positive environment for all children
attending. Staffing ratios should reflect the circumstances of the setting
including; experience and qualifications of staff, community context,
ages and abilities of children attending and allow for contingency in
case of emergencies.'
Play Wales has a significant concern that when considering changes to
Regulation and the NMS Welsh Government should hold to the forefront, the
relative safety of children and the unintended consequences of the proposed
changes. For example where an Open Access Play setting failing to satisfy
NMS with regard to staffing ratios is placed in the position where children are
turned away, resulting in an outcome where children will be at greater risk
than were they to attend that provision.
Standard 19 Yes
Standard 22 No
The current and proposed NMS reflect a limited and dated understanding of
children’s play and how it may be provided for. Play Wales recommends that
this consultation lends itself to a timely review of the minimum amount of both
indoor and outdoor playing space, which is provided. Play Wales
recommends these standards be amended to signpost providers to the
definition of a Quality Play Environment, as defined in Wales: A Play Friendly
Country, Statutory Guidance to Local Authorities on assessing for and
securing sufficient play opportunities for children in their areas.
Q6
Do you believe any other standards should be adjusted to reflect
the proposals to extend regulation of provision to children aged eight
years and over?
If regulation is extended as is proposed, a ‘one size fits all’ NMS is not fit for
purpose.
We advise that Open Access Play provision and provision for children eight
years and over, due to the wide range of provision (as described in our
response to Q4), should have its own set of NMS. These standards could be
appropriately and proportionally developed to embrace other provision (such
as junior youth clubs, Scouts, Guides and Boys and Girls clubs, etc.), which
will be drawn into regulation.
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Play Wales would welcome the opportunity to work with Welsh Government
and other partners and stakeholders to develop bespoke NMS.
Q7
Do you believe childminding assistants/volunteers should be
limited to providing unsupervised care for less than one hour a day?
No
We do not agree that assistants/volunteers who work with childminders
should offer unsupervised care. It is difficult to understand how a nominal time
frame (i.e. one hour) will be regulated and inspected against. Allowing
unsupervised access should only be allowed if these assistants/volunteers are
deemed suitable as articulated in NMS 13 (CM) Suitable person.
Section B – Provider Questions
Q8
What type of business do you run?
Play Wales is the national charity for children’s play.
Q9
Do you believe the changes proposed in this consultation would
have a negative or positive effect on your business? Please give
reasons for your answer.
Negative
As currently presented, providers of staffed Open Access Play provision will
struggle to meet the proposed changes to the NMS. We repeat our
recommendation for the development of NMS, which relate specifically to
Open Access Play provision and provision for children eight years and over.
Q10 We are currently considering allowing childcare providers to
make one registration application for multiple premises, as a way of
reducing bureaucracy on childcare providers. Is this an initiative you
would wish to see taken forward?
Yes
There has been considerable development of peripatetic playwork projects,
providing free, inclusive, staffed play opportunities where it has been identified
that children and young people need it most; in their communities. This
community-based model of provision has been proven to address some of the
barriers faced by children and young people in accessing places to play in
their community. This model encourages children to make more use of parks
and open spaces, reducing children's fear of bullying, and ensuring that the
play space is inclusive – supporting all children to make the most of the
opportunities available in their own way.
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The challenge of registering a number of locations for peripatetic projects
impacts significantly on the registration of such provision. Play Wales is
concerned that the regulations use the term ‘premises’. Open Access Play
provision takes place throughout a community and may move to patches of
green space, car parks, streets, woodland and beyond as the children explore
their community. We recommend that the regulations be amended to reflect
the nature of peripatetic provision, such as provision or spaces for Open
Access Play.
Section C Q11 Welsh Language Question
Increasing use of Welsh language is a key consideration for the Welsh
Government across our policy areas. Where an increased number of
settings will be required to register they will be subject to inspection
reports being published. We consider through the publishing of reports,
parents will find it easier to find out a language in which a setting
operates, and can make an informed choice over their child’s care. Do
you believe the changes proposed in this consultation will have an
impact on the use of the Welsh language?
Neutral
Section D Q12 Equality Question
Ensuring equality is upheld across policy areas is a key consideration
for Welsh Government. Where an increased number of settings will be
required to register, and increased number will be required to comply
with the National Minimum Standards. These contain standards on antidiscriminatory practice and measures to uphold the rights of disabled
children. Do you believe the changes proposed in this consultation will
have an impact on equality?
Yes
Section E Q13 Rural Impact Question
Considering the impact of proposed policy changes on rural
communities is a key consideration for Welsh Government. We believe
the new standards proposed, and the transitional period should ease the
burden on settings if the changes highlighted in this consultation are
implemented. This should therefore allow settings in rural areas to
remain sustainable. Do you believe the changes proposed in this
consultation will have an impact on the rural community.
Yes
Section F
Other
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We have asked a number of specific questions. If you have any related
issues which we have not specifically addressed, please use this space
to report them:
Play Wales is the national charity for children’s play. We welcome the
opportunity to respond to this consultation. To inform our response, we shared
a draft response with our members and sought their views on our answers via
a survey. To further inform our response, we held two focus group meetings in
North and South Wales.
In addition to issues raised above we have identified key issues, which are
clearly causing significant concern to providers. These are:
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Impact on children’s rights
The ambiguity surrounding the references to proportionality
The inspection process
Appropriate qualifications of staff
Exemptions.
Impact on children’s rights
Play Wales is concerned that a Children’s Rights Impact Assessment
(CRIA) does not appear to be included as a supporting document for
this consultation.
Since the introduction of a national regulatory system in 2003 there has been
a very significant reduction of regulated Open Access provision. The CSIW
and CSSIW figures demonstrate that this reduction in regulated provision is
specific to Open Access Play provision; none of the other areas of child
minding or childcare show a similar reduction.
In 2004 there were 388 registered Open Access settings providing for 6557
children. In 2014 there were 58 settings providing for 2087 children;
representing a reduction of 85% in the number of regulated settings.
There is anecdotal evidence that because of a perceived punitive and
disproportionate inspection process, (particularly in respect of qualification
requirements) a number of providers ceased to provide care for children
under eight years, thereby falling outside regulation. This option will not be
available should the age range be increased to 16.
Play Wales is very seriously concerned that the changes proposed may have
a very significant negative impact on the future availability of Open Access
Play provision for children across Wales.
Proportionality
There is much reference to a proportionate approach being employed in
respect to provision being drawn into regulation. However there is no
indication as to what is meant by a proportionate approach; there is no
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indication what 'proportionality' would actually look like. Play Wales’
responses, above, are predicated upon a proportionate approach being taken
in respect of the regulatory processes and inspection regime and in the
absence of this information all answers must be given with a caveat that the
actuality of proportionality must be shared and consulted upon.
Play Wales has a very significant concern that for many wishing to deliver
Open Access Play provision, the current levels of bureaucracy and the
process of inspection, deters providers from registration. We cannot
understate our concern that the changes as proposed, without a change to a
more proportionate inspection, will inevitably result in community based,
voluntary sector provision closing down. It is imperative that a balance must
be struck; one that supports the delivery of Open Access Play provision.
For example: Our members who operate holiday playscheme provision
consistently report that the amount of time spent at a setting by an
inspector during an inspection visit feels inappropriately lengthy and
disproportionate. A holiday playscheme, which operates for 40 hours over
a fortnight, may receive a four-hour inspection, on top of the considerable
time taken to complete a self-assessment prior to the inspection. This
equates to 10% of face-to-face contact time being taken up by inspection.
Since the original introduction of the NMS Play Wales has called for a process
of regulation and inspection that more accurately reflects the nature of Open
Access Play provision. The primary function of Open Access Play provision is
to provide children with staffed play opportunities, not a childcare facility for
parents and carers. A genuinely more appropriate and proportionate
approach, predicated on a quality judgement framework, combined with
occupationally competent inspectors, would support the development of
quality provision.
Play Wales believes that the above concerns may be mitigated were the
following adopted. We strongly recommend that the future inspection process
for Open Access Play provision for children aged between five and 16 years,
be based on a quality judgement framework rather than the NMS (which
should be used as no more than a narrative to inform providers of what they
might reasonably be expected to consider in the development of their
respective provision).
The current NMS are just that, they do not represent a quality framework.
Their purpose is to set a minimum standard.
The inspection process
Our members continue to report a concern that the level of understanding and
professional competence (in terms of an understanding of the nature of
playwork settings) is not consistent amongst inspectors across Wales.
Additionally, some members are concerned that there are inspectors who it
was perceived, do not respect the experience and knowledge of staff in
settings being inspected.
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Furthermore, there is concern that some inspectors do not appear to have a
good understanding of the issues affecting some communities where staffed
Open Access Play provision is delivered. Across Wales, this type of provision
is often delivered in some of the hardest to reach communities, often with
children and families disengaged from other sorts of provision.
Currently there is a wide perception that the inspection process is generally
not seen as a helpful process that adds anything to the nature of Open
Access Play provision. However, it was recognised that, when an experienced
occupationally competent inspector understands the provision, the inspection
process can add value.
We are hopeful that there is scope within the changes to the registration of
childcare consultation to open a dialogue, which will contribute to a coherent
and proportionate approach towards inspection across Wales.
In 2006, following requests from the sector and engagement with Play Wales,
the (then) CSIW produced Supplementary Guidance on Registration and
Inspection of Open Access playschemes. This guidance addressed the
registration of Open Access Play provision that operated outdoors, for
instance, in a park. We strongly advise that this guidance is revisited, updated
and used to inform the revision of the NMS.
Appropriate qualifications
Play Wales recommends that the consideration being given by Welsh
Government to the development of qualifications for staff working in
temporary holiday Open Access Play provision is continued. This would
contribute to ensuring that persons in charge of holiday playschemes and
playworkers who lack the necessary skills, knowledge and understanding,
have access to appropriate training and qualifications for the settings in which
they work.
Exemptions
At the consultation events organised by Welsh Government, there was
considerable discussion about how sports clubs, uniformed groups etc. might
be effected by the proposed changes.
The play sector (and for that matter the wider childcare sector) has responded
positively to such a proposal in successive consultations on this matter and it
remains unclear in the face of general support for the inclusion of provision for
less than two hours, why this has been omitted from the proposed changes.
Furthermore there has also been support for withdrawal of the five day
‘loophole’.
It is also of concern to Play Wales that there is some anecdotal evidence of
short-term holiday childcare provision opening under the label of ‘sports
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coaching and tuition’ provision thus avoiding regulation. Play Wales
recommends that attention be given to children attending sports provision in
order that they are ensured the same level of safeguarding as children in
regulated provision.
Furthermore, we are concerned that if such provision continues to remain
exempt, there will be an increase in this provision, to the detriment of
provision which exists to support children’s play as defined by the Welsh
Government in Wales – A Play Friendly Country.
Guesthouses and hotels
In our response to the Child Minding and Day Care Regulations Consultation
(2010), Play Wales raised a concern that places of stay such as a guesthouse
or hotel are exempt from regulation. Some hotels and guesthouses are used
by Social Services and housing departments to provide emergency and other
accommodation for families and young people. Very often, these families and
children are amongst the most vulnerable in Wales.
Play Wales notes that this remains an exception in The Child Minding and
Day Care Exceptions (Wales) Order 2010 and we continue to recommend
that all those who have unsupervised access to children and young people,
and who are paid to be responsible for them in such places should be
regulated.
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