This document provides an overview of current legislation and regulatory bodies relevant to home-based childcare settings. It outlines health and safety laws through the Health and Safety Executive, the Children Act of 1989 which focuses on safeguarding children's welfare, and the roles of the Food Standards Agency and Ofsted in regulating food safety and standards in education.
2. Overview
• Health and Safety
• The Children Act 1989
• Food Standards Agency
• Ofsted
3. Health and Safety
Knowing Health and Safety legislation is vital within a home based
childcare setting. Visit the Health and Safety Executive website to
find advice and guidance on what is expected from you and
information on how to fill out a risk assessment.
www.hse.gov.uk/risk
Also, invite your local fire department to come and check your home
to make sure it falls within specific fire safety standards.
4. The Children Act 1989
The Children's Act replaced complex legislation to make it simpler to
understand.
The Act allocated duties to local authorities, courts, parents and
other agencies in the United Kingdom, to ensure children are
safeguarded and their welfare is promoted.
5. The Children Act 1989 cont...
The Act states that children’s welfare should be the paramount
concern to the courts. The court should take into account the child’s:
• Wishes
• Physical, emotional & educational
needs
• Age
• Gender
• Background circumstances
• Potential distress due to changes
• Potential harm
• Parents ability to meet their needs
• Powers available to the court
6. The Children Act 1989 cont...
The act deals with registration of daycare and childminding. It
defines fit person, suitable premises, registration requirements,
refusal of registration, register of day care services.
You can find the full act here:
http://www.legislation.gov.uk/ukpga/1989/41/contents
7. Food Standards Agency
As from 1st January 2014, childminders no longer need to register separately as a
food business with their Local Authority. This will happen automatically when you
register with Ofsted.
After being registering as a food business with Ofsted you may have a food safety
inspection. This would be carried out by your business’s local authority. They are
responsible for food safety in your local area.
The Food Standards Agency now offer food allergy online training at
http://allergytraining.food.gov.uk
8. Food Standards Agency cont...
If your childminder business does need an inspection, a food safety officer will
contact you to arrange a suitable time to visit. The officer will talk about food
hygiene and food safety to help make sure the food you give to any children is
prepared, stored and handled safely.
(Further information can be found here: https://www.food.gov.uk/business-
industry/caterers/startingup/childminders)
You will need a Safer Food Better Business file supplied by:
www.food.gov.uk/business
9. Ofsted
Ofsted is the Office for Standards in Education, Children’s Services and Skills. They
report directly to Parliament and are independent and impartial. They inspect and
regulate services which care for children and young people.
The details of inspections and regulatory visits carried out are published on the
website. Ofsted work with providers, monitoring their progress and sharing with
them the best practice we find.
Ofsted will monitor your setting to ensure you follow the EYFS.
