Regulation of Early Education and Childcare

Consultation Points

Chapter 3: What to Regulate

Consultation point 1

We propose that, at the minimum, all forms of childcare and pre-school education which are subject to regulation should continue to fall within the scope of regulation in the future. We would welcome views on whether this is the correct approach.

Consultation point 2

We do not propose to regulate informal unpaid care provided by relations or friends.

Consultation point 3

We believe that a Code of Practice for nanny agencies together with wider access to checks on individuals and guidance on employing a nanny are likely to provide the most effective means of protecting children cared for in the home. We would welcome views.

Consultation point 4

We do not propose to regulate care by au pairs

Consultation point 5

We believe that there may be a case for extending the age range covered by regulation to extend protection to older children. However, putting this into practice raises complex issues which respondents will want to take into account and which must be taken into account before coming to a final decision.

Consultation point 6

Assuming the age range is extended, we would welcome views on what form regulation might take.

Consultation point 7

Assuming the age range is extended, and bearing in mind the scope for different standards, what new cut-off point might be set?

Consultation point 8

There may be merit, however, in taking account of cumulative hours of childcare provision over the year so that any provision reaching a certain level would be regulated even if individual sessions fell below 2 hours.

Consultation point 9

We do not believe that separate standards should be set for provision dealing with children with special needs but that, as at present, regulators should exercise discretion.

Chapter 4: How to Regulate?

Consultation point 10

In the White Paper Aiming for Excellence the Government has set out its intention to create a new regulatory body, the Scottish Commission for the Regulation of Care, which, in addition to registration and inspection of residential and home-based social care, will also regulate non-residential childcare.

Consultation point 11

Do consultees see a role for national organisations' quality assurance schemes in regulation or should they be seen as additional to regulation?

Consultation point 12

Against the intention to establish an independent regulatory body, do consultees agree that it is right to focus on guidance?

Consultation point 13

Do consultees agree that, as at present, regulation should look not just at measurable inputs but at the wider experience of the child? In doing so can or should specific standards be prescribed? Does guidance need to deal separately with out of school care?

Chapter 5: Standards: Staff and Space Ratios

Consultation point 14

Do consultees agree that non-residential childcare delivered by independent schools should be brought within the scope of any new regulatory system and subject to the same standards as other institutional provision?

Consultation point 15

Do consultees agree that early education and childcare delivered in domestic premises should continue to be subject to different standards than institutional provision?

Consultation point 16

Do consultees agree that differing ratios are appropriate for differing ages of children and differing lengths of session? If so, is a sliding scale appropriate and what views do consultees have on the specific sliding scale set out above?

Consultation point 17

Do consultees agree that adult:child ratios should be set at a minimum regardless of different qualifications and that qualifications requirements and upskilling should be addressed separately?

Consultation point 18

We do, though, see a need to make clear that where staff are counted for ratios this should reflect actual contact time with children.

Consultation Point 19

There may, moreover, be an argument for setting a minimum requirement for training for all childcare workers, at least in matters such as health and safety issues.

Consultation point 20

We see merit in revising guidance to set a higher space limit for children in the 3-5 age bracket in new provision.

Consultation Point 21

We see a case, as an added comfort, for unannounced visits - not attracting a fee - to a small, randomly selected proportion of providers each year where there is no particular cause for concern.

Chapter 6: Standards: Staff Qualifications and the Role of Teachers in Pre-School Education

Consultation Point 22

Do consultees agree that the aim should be for qualifications to be held by all those working in childcare settings and that stuff without qualifications should be encouraged to work towards them? Given that a mix of qualifications is likely to be appropriate in any one facility, do consultees have views on whether levels or type of qualification should or can be specified beyond current requirements?

Consultation Point 23

Do consultees agree that, other things being equal, qualified teachers are in a better position that other early years professionals to plan the curriculum, tailor the child's learning opportunities in light of their assessment of the child's progress, and ensure continuity with 5-14?

Consultation Point 24

If the involvement of qualified teachers is agreed to be an important factor in the provision of quality education, how best is this 'involvement' expressed? Is there any continuing need for statutory prescription on the input of teachers to pre-school education? Would guidance to local authorities on this question (as on matters of the standards to be reached in childcare), provide an adequate benchmark?

Consultation Point 25

Is a ratio (ie a fixed proportion of teacher FTE in relation to FTE children) helpful? Or would it be more useful to give examples of the kind of teacher involvement that creates the right conditions for good quality service? Does a graduated approach (see paragraph 17 above) make sense?

Consultation Point 26

For teacher involvement to be effective, must there be direct contact between the teacher and other staff members, and between the teacher and individual children? If so, should there be minimum input standards expressed in terms of minimum contact time, or frequency of contacts? Is there a risk that this might encourage merely surface compliance with standards?

Consultation Point 27

What account, if any, should be taken of the costs arising for the operation of the pre-school service from the application of particular ratios?

Consultation Point 28

Is there a need for fuller guidance to authorities and their partners on effective teamworking in pre-school centres, including the respective roles played by different team members, in support of educational objectives?

Consultation Point 29

Although this consultation paper is not focused on issues of training, do you want to offer any views on the initial training of teachers, or continuing professional development for practising teachers, in this context of the regulation of daycare and pre-school education?