Penny Tassoni’s Practical EYFS Handbook
Understanding
the Welfare
Requirements
Introduction
The Welfare Requirements have replaced the old Care
standards and you must read and follow these to the
letter. Ofsted will look at how you are meeting the new
Welfare Requirements and it is clear from the wording
in the overview to Section 3 of the Statutory Framework
that no excuses will be allowed:
‘This section sets out the welfare requirements
that all early years providers must meet, regardless
of type, size or funding of the setting.’ (Statutory
Framework for the EYFS, page 19, paragraph 3.1)
This means that if you are a childminder, a setting that
is cash-strapped or even a school, no allowances will
be made. This is why it is essential to get to grips with
the Welfare Requirements as soon as possible. In some
cases, settings may need to look at ways in which they
are funded and staffed. If you are a childminder, you
may need additional training to take you through the
planning for the areas of Learning and Development.
While the Welfare Requirements may seem daunting,
the good news for children is that they are designed
to ensure that they are safe, emotionally secure and
stimulated. The idea behind the Welfare Requirements
is that children’s needs must come first at all times.
Your Questions Answered
Do I need to read through all the Welfare
Requirements?
If you work as a childminder or as part of the
management team, you will need to familiarise
yourself with all of the Welfare Requirements. If
you do not hold this level of responsibility you
can probably manage without reading them,
but you will need to read pages 32 and 37 of the
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Statutory Guidance (covered on pages 38 and 40
of this book) as they significantly impact on your
work with children.
Policies and procedures
All settings, with the possible exception of
childminders, are meant to have written policies
that reflect the Welfare Requirements. In practice,
this means that you should have a range of policies
covering everything from safeguarding children,
equality of opportunity, admissions, behaviour, health
and safety (which will include outings) and medicines
through to data protection and confidentiality. For each
policy you are likely to need a set of procedures.
Procedures are step-by-step guidelines for staff and
volunteers. These are essential as they help everyone
to follow the policy. It may be worth looking at each of
the Welfare Requirements and thinking about whether
your existing policies link into them or whether you
may need to introduce a new policy, for example a key
person policy, or update an existing policy.
Making sure staff and volunteers know about the
policies
You must find a way of ensuring that each of your
staff and even volunteers know about the policies
and procedures in your setting. You may need to think
about the way in which you organise your induction,
for example. Make sure that each new member has
a chance to read through and ask questions about
each of the policies. Many settings ask new members
of staff to sign a form so that they have evidence that
policies have been shown. In addition, it may be worth
going through some policies from time to time at
staff meetings – it helps everyone to remember what
is in them! Staff must also know where policies are
Understanding the Welfare Requirements
kept, although do note that the Statutory Framework
states that staff should be given copies of policies
and procedures as part of their induction (page 20,
paragraph 3.8).
Safeguarding
and promoting
children’s welfare
Parents need to know about policies as well
The Statutory Framework also states that providers
should explain and make accessible the setting’s
policies and procedures to parents (page 20, paragraph
3.8). You could explain these as part of the admissions
process. You might also find it helpful to state some
of the key elements of the policies in a brochure for
parents.
Suitable
people
Documentation
THE GENERAL
WELFARE
REQUIREMENTS
Your Questions Answered
Do childminders need policies?
In theory, no – the Statutory Framework states
that if you are a childminder you do not need
to have written policies, providing that you
know what you would do in any given situation
(page 20, paragraph 3.9). In practical terms,
however, you might find it helpful to have a
folder of policies to show parents when they
first come to you. These do not have to be wordy
documents, but simply statements that outline
what your approach is (the policy) and then
what you actually do (the procedure). For more
information on policies for childminders, contact
your local childminding network or the National
Childminding Association (www.ncma.org.uk).
Remember that if you use other people’s policies,
you will need to adapt them to suit your own
circumstances.
Suitable premises,
environment and
equipment
Organisation
Safeguarding and promoting
children’s welfare
The diagram on page 32 shows the three general
legal requirements for Safeguarding and promoting
children’s welfare as well as the areas to which the
specific legal requirements and statutory guidance
apply.
‘The provider must take necessary steps
to safeguard and promote the welfare of
children’
Safeguarding (page 22)
The general welfare requirements
The five general welfare requirements for the EYFS are
shown in the spider diagram opposite.
Each of these is further broken down into:
• general legal requirements
• specific legal requirements
• statutory guidance to which providers should have
regard.
Each general welfare requirement is broken down into
its key aspects below.
This requirement is all about child protection, and you
will need to find out about the requirements of your
Local Safeguarding Children Board (LSCB). There is
an emphasis here on reporting allegations of abuse
immediately, both to Ofsted and your LSCB. For group
settings you must have a designated person who can
liaise with the LSCB. Note that this person must attend
a child protection training course.
In addition, Ofsted will expect to see that all staff have
an up-to-date understanding of child protection, or
what they refer to as ‘safeguarding children issues’. This
means that everyone should know what to do if there
was a concern and also how to identify concerns.
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Penny Tassoni’s Practical EYFS Handbook
General welfare requirements
Safeguarding and promoting
children’s welfare
General legal requirements
‘The provider must take
necessary steps to safeguard
and promote the welfare of
children.’
‘The provider must promote
the good health of the
children, take necessary
steps to prevent the spread
of infection, and take
appropriate action when
they are ill.’
‘Children’s behaviour must
be managed effectively and
in a manner appropriate for
their stage of development
and particular individual
needs.’
Areas to which specific legal requirement and statutory guidance apply
• Safeguarding
• Information and
complaints
• Premises and security
• Outings
• Equality of opportunities
• Medicines
• Illness and injuries
• Food and drink
• Smoking
• Behaviour management
Information and complaints (page 23)
Points to consider
is your designated person? Have
UWho
they been on a child protection training
course?
you have a safeguarding children policy
UDo
that is up to date?
the contact details of the LSCB available
UAre
to staff?
every member of staff know what they
UDoes
should do if they suspect abuse?
every member of staff know what to
UDoes
look and listen out for?
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This section is quite substantial and needs carefully
working through. The section begins with the
requirement that settings should ‘engage’ with and
provide information for parents. The term ‘engage’ is an
interesting one and is designed to ensure that when
parents are given information they have enough time
to digest it and to ask questions. The list of information
that parents should be provided with is substantial,
and you will need to make sure that you have allocated
sufficient time to go through it before a child starts at
a setting. Some of the information could be provided
in a prospectus or booklet about your setting. Some of
the information is fairly obvious, but it is worth noting
that parents should know what would happen if a
child went missing and how they can contact Ofsted
should they have a complaint. Parents should also
Understanding the Welfare Requirements
know that they can have free access to their own child’s
developmental records and can apply in writing for the
setting’s personal files on their own children.
As well as providing information for parents, you are
required to collect some information before a child
starts at a setting which includes who has legal contact
with the child and parental responsibility. You must
also ask for written permission in the event that a child
needs emergency medical treatment. In the unlikely
event that a parent refused this written permission, it
would be advisable to contact either Ofsted or your
local early years advisory team.
You will also need to have a written complaints
procedure and copies must be available for parents.
Your complaints procedure must reflect some further
legal requirements that are set out on page 23.
Points to consider
is your system to ensure that parents
UWhat
know about the policies and procedures in
your setting?
you asked parents for feedback as to
UHave
how you could improve your admissions
procedure?
do you ensure that parents are aware
UHow
of how to contact Ofsted?
your complaints procedure comply
UDoes
with the legal requirements set out on page
may affect the children must be immediately brought
to the attention of Ofsted.
Points to consider
What are your procedures when children
Uleave
the premises?
How do you ensure that doors, gates and
Uother
areas are secure?
How do you help parents and staff to
Uremember
to close doors?
Do you obtain written permission from
Uparents
when children are to be collected
by another adult? (You could provide slips
for parents to sign.)
all staff remember that visitors must sign
UinDoand
out of the setting?
Outings (page 24)
The focus on outings is about ensuring that children
are safe. You will need to provide a full risk assessment
for every type of outing and, although not stated, it
would be sensible to do so in writing. Before going
on an actual outing, you should check that the risk
assessment for its type is still valid. For example, a risk
assessment has already been done for taking children
out to the local shop to buy ingredients, but on the day
you notice that a diversion is in place and there is more
23 of the Statutory Framework?
do you make sure that information is
UHow
regularly exchanged with parents?
do you exchange information with
UHow
other providers?
all members of staff aware of how to
UAre
maintain confidentiality?
Premises and security (page 24)
The focus here is on safety in the premises and on
ensuring that children cannot go missing or be taken
by an unauthorised person. The legal requirements are
quite straightforward with the emphasis on security.
Note, though, that any changes to the facilities that
You will need to provide a full risk assessment for each type of outing
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Penny Tassoni’s Practical EYFS Handbook
traffic which will mean that additional staff might be
needed.
It is left completely to the setting to decide whether
there should be an increase in adult to child ratios. This
is a positive move but make sure that adult–child ratios
are considered in your risk assessments. It is
also important to read the statutory guidance; while
much of this is commonsense, it is worth noting that
you are expected to have records about the vehicles
that you are using, insurance details and named
drivers.
the policy include the information
UDoes
required by the statutory guidance on page
25?
your activities, routines and
UDo
other policies link to your equality of
opportunities policy?
you need to follow the SEN Code of
UDo
Practice?
you have a policy on Special Educational
UDo
Needs?
Points to consider
you have a risk assessment form for
UDo
outings?
risk assessments carried out for each
UAre
type of outing and in advance?
your risk assessment form contain a
UDoes
statement about adult to child ratios?
you keeping records of vehicles,
UAre
insurance details and drivers?
you check that drivers using their own
UDo
cars have adequate insurance cover?
Equality of Opportunities (page 25)
This requirement is about ensuring that every child is
given the opportunity to flourish and that policies and
procedures are in place to meet each child’s needs.
To meet the legal requirements for this, you will need
to have an equality of opportunities policy and, if you
receive any government funding, a Special Educational
Needs policy based on the SEN Code of Practice. (You
can obtain a SEN Code of Practice by telephoning 0845
602 2260 or 0845 600 9506 and asking for reference
DFES 0581/2001 or by going to http://publications.
teachernet.gov.uk/ and using the reference number in
the search box.)
‘The provider must promote the good
health of the children, take necessary
steps to prevent the spread of infection,
and take appropriate action when they
are ill’
Medicines (page 26)
You will need to have a policy on administering
medicines, and it is clear that as part of the policy the
needs of children must be taken into consideration.
(This is to avoid situations whereby children might be
discriminated against on the basis of ‘we’re not allowed
to give medication.’ This is the type of information
that parents will need to know during the admissions
process.)
Points to consider
you have an up-to-date equality of
UDo
opportunities policy?
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You will need to ensure that some medicines are easily accessible at all
times during the session
Understanding the Welfare Requirements
Points to consider
Points to consider
you have an administering medicines
UDo
policy?
Do you or other staff have a current
Upaediatric
first aid certificate that covers the
policy up to date so that it conforms to
UIsthethestatutory
requirements and guidance?
medicines that need to be easily
UAre
accessible, such as inhalers, available at all
times during the session?
do you prevent non-authorised access
UHow
to medicines that are being stored in the
fridge?
parents know and understand your
UDo
policy on medicines?
you keeping records that show which
UAre
medicines are stored and when medicines
content listed on page 21 of the Practice
Guidance (Appendix 1)?
UIs there a first aid box on the premises?
Are the contents of the first aid box
Uappropriate
to meet the needs of children?
Do you have a policy about illnesses and
Uinjuries
and how you would deal with these
in the setting?
Do you have an accident book and a way of
Unotifying
parents about minor injuries and
any treatment given?
are administered?
you have written permission from
UDo
parents for each medicine that a child takes?
Illnesses and injuries (page 26)
The requirements for illnesses and injuries are
straightforward, although you will need to read the
section carefully. One point to note is that you will
need at all times, including outings, a member of staff
who has a paediatric first aid certificate. It is therefore
important in group care settings that several members
of staff are trained so that outings, illnesses, holidays
and shift patterns do not leave the setting without
a trained member of staff. For details as to what the
paediatric training must include, you should read
Appendix 1 of the Practice Guidance (page 21).
In the event of a serious accident, illness or death of
a child in your care, you would need to notify Ofsted
and local child protection agencies. You also need to
make sure that parents know what the procedure is
when children are ill or infectious; you are therefore
likely to need a policy for this. (Interestingly, notifiable
diseases come under the food and drink specific legal
requirements; see below.)
On a positive note, there is no ban on animals in the
setting, provided that they are safe and do not pose a
health risk to children.
Food and drink (page 27)
As suggested in the title, the focus of this requirement
is food and drink, although watch out for the need
to alert Ofsted if two or more children have food
poisoning or notifiable diseases. (A list of currently
notifiable diseases is included in the appendix of this
book, on page 255.)
To comply with the requirements, you must make sure
that children have access to fresh water at all times and
that if you are providing food it is healthy, balanced and
nutritious. You should also be preparing food in line
with the latest food hygiene legislation. A good source
of current information is the Food Standards Agency’s
website (www.foodstandards.gov.uk) – the site is easy
to navigate and will help you determine what is healthy
food and how to comply with food legislation.
Points to consider
Is food handling included as part of your
Uinduction
of new staff?
Are you aware of current food hygiene
Ulegislation?
Is your menu balanced and based on the
Unutritional
needs of the children?
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