Statutory Requirements for Childcare


The Early Years Statutory Framework is mandatory for any early years providers, who LEGAL push by an order made under section 39(1)(a) of the Childcare Take action 2006. The safeguarding and welfare requirements receive LEGAL make by polices make under the section 39(1)(b) of the Childcare Act 2006. Ofsted has respect to the first Years foundation Stage (EYFS) in carrying out inspections and records on the quality and standards of provision.

The EYFS statutory construction recognises that; 'children learn best when they are healthy, safe and sound, when their specific needs are fulfilled, and when they have positive associations with the adults nurturing from them. ' The framework also outlines what all providers should do to guard children, ensure the suitability of adults who have connection with children, promote good health; manage behaviour and maintain documents. Good.

The statutory Platform requirements promoting the safeguarding and welfare of children were written to guarantee the protection and safe practices from harm of every child within the first Years Preparing. Some

Child Protection

As part of the statutory requirements, providers will need to have and also implement an insurance plan and procedures to safeguard children good guidelines and procedures of the relevant Local Safeguarding Children's Table (LSCB). The Construction clearly outlines the responsibility of the service provider with respect to identifying and giving an answer to the signs or symptoms of possible misuse and disregard and the provision of personnel training to discover this.

Suitable People

The statutory framework also expresses that; 'Providers must ensure that people caring for children are appropriate to fulfil certain requirements of their assignments. ' Providers must ensure they have effective systems in location to vet anyone getting into regular contact with the kids within the environment are suitable to take action. It is the responsibility of the childcare professional to obtain increased police records disclosure and barred list assessments for each person aged 16 and over who; works directly with children; who lives on the premises where the childcare is being provided and/or works on the premises where in fact the childcare is provided. The specialist must keep files of all experts' investigations and qualifications and also produce this during an Ofsted inspection.

Staff Skills, training, support and skills

Staff training is recognized as being an essential part of providing high quality attention. Providers must ensure that staff is made alert to their tasks and tasks. Their training should include; evacuation types of procedures, safeguarding, child coverage and the regulations and techniques regarding reporting conditions of suspected maltreatment or overlook and health and safety issues. The specialist must also ensure that staffs hold the relevant qualifications to utilize children which staff:child ratios are adhered to. At least one employee with a paediatric first aid license must be on the premises all the time. Good.


The platform outlines that policy and strategies should be in place to respond to children who are unwell or infectious and the necessary steps to be taken to prevent get spread around of illness to other children. Administration of drugs should only take place where it has been prescribed for the child and with the parent's written consent.

Food and drink

Any areas used for the preparation of food must be properly equipped to provide healthy meals, snacks and beverages. These areas must be clean and ideal sterilisation equipment available for the preparation of food and mild for infants. Those responsible for the prep of food and food handling must have the appropriate up to date training. Cases of food poisoning affecting several children on the premises must be reported to Ofsted. Failing to take action is an offence.

Early years providers and professionals have, the burkha responsibility for the protection of the kids in their treatment. There are a number of legal and regulatory requirements that help protect children (and men and women) in virtually any setting; a few of which have recently been discussed. When considering how better to keep children safe within the setting it is important that the specialist knows the following legislation when it comes to their unique area if practice.

Managing behaviour

The statutory platform claims that, 'Providers will need to have and execute a behavior management insurance plan and strategies. A named specialist should be accountable for behaviour management, and also have the necessary skills to advise other staff on behaviour issues. ' Corporal consequence should NEVER be utilized as a form of discipline and if used would constitute an offence. There are several ways of working with the many types of behaviour that can arise within an early on years setting and the recommended approach is the one which is child-centred and non punitive. Educational psychologist B. F. Skinner suggested that a lot of humans and pets or animals learn through exploring the environment and then drawing conclusions bases on the consequences of their behavior. Skinner goes on to claim that positive reinforcers are likely to make people do it again a behaviour to be able to get something they really want. In the case of young children this could be reward, a sticker or merit prize, adult attention etc. This, skinner believed was the most positive and effective way of motivating new learning behaviours. Child-centred methods to behaviour give attention to the underlying triggers to avoid unwelcome behaviours and can be very effective, whereas simply taking care of or containing behavior may not result in long run improvement. Good point and link to Skinner's theory.

While the surroundings in which children are looked after must be revitalizing, they must also be safe. Young children have little sense of hazard and so require constant adult supervision, where they receive the liberty to explore, discover and develop unhindered. Risk analysis is an important part of health insurance and safety procedures, and the theory is to judge possible hazards during activities and in the environment and then to consider how best to minimise them. Having an insurance plan and procedures in place is essential as there is not only a moral obligation to keep children safe, but also a legal one. The statutory framework outlines the following areas to be looked at:

The Health and Safety at Work Act 1974

This action places overall responsibility for health insurance and safety with the company but also on the employees, so everyone in a setting has some responsibility for the health and safety of everyone who's there. Within the context of an early on years setting as it pertains to the protection of the children the act protects the next:

  • Buildings should be well managed and made with the protection of the users in mind,
  • The general environment should be clean and safe.
  • Equipment must be easily used and stored.
  • Working practice must promote medical and safeness of children.
  • Articles and substances should be stored and used safely
  • Adequate welfare facilities should be available
  • Appropriate information, training and guidance should be produced for medical and safeness of employees.
  • Certain injury, diseases and occurrences should be reported to the Health and safety Exec.
  • First Aid facilities should be provided.
  • Employees should take care of their own health insurance and safety which of others afflicted by their actions.
  • Employees should cooperate using their employer on health and safety.

Product marking:

Toys and products used within the first years establishing should be approved by the British Requirements Organization (BSI) and carry a kite tag as proof they have been independently examined and conform to the relevant standards. They may also bring a CE mark which signifies that the product meets the Western legal requirements; financial firms not a security or quality mark.

Control of Chemicals Hazardous to Health

COSHH Restrictions 2002 covers substances which can cause ill-health and the legislation lays down a step-by-step approach to the precautions that need to be put in destination to prevent personal injury or disease from dangerous chemicals. These substances must have particular labels to them, which show the chemicals are dangerous and have to be stored in special containers and carefully stored. The need for this can't be over emphasised as children may easily ingest such chemicals causing considerable injury.

Every person dealing with children is responsible for their safety. It is important that the surroundings children will work and playing in is regularly checked, before and during activities. The following points should be considered:

Buildings and maintenance

  • Doors starting into entrances and exits from the building should not be with the capacity of being opened by young children.
  • Emergency exits must be clear and easy to start from the within.
  • Floors should not have any loose rugs or pieces of carpet.
  • Low-level wine glass should be safety wine glass of protected with a safeguard.
  • Electrical sockets should be covered.

Cleanliness of the overall environment

  • There should be a high standard of cleanliness throughout the building.
  • Spillages should be immediately cleaned out.
  • Toilet areas should be regularly cleaned and examined.

Food planning areas

  • All staff interacting with food must have a food hygiene certificate.
  • All regulations associated with food storage space should be in place.

Safe storage and use of equipment

  • Cupboards at 'child-level' should not contain cleaning items, cutlery, tools or any other possibly dangerous items.
  • Toys with really small parts should be kept from children under three years old.
  • Heaters and radiators should be covered rather than a risk to children.

Outdoor areas

  • Outdoor slides, swings etc. Ought to be safe and also have impact absorbing matting provided.
  • Young children shouldn't be able to start gates.
  • Sandpits should be held covered when not in use.

As a general guideline equipment should be regularly checked for wear and tear, such as fraying ropes and rusty bones. Check equipment before use to ensure that it's dry and clean especially slides and steps. Children must have enough space to experience and move easily without bumping into each other or items. Appropriate adult-child ratios should be taken care of and supervising individuals can see all the kids. Good. Swings and rope ladders should be used by only one child at a time and other children discouraged from getting too close in case they are injure by a golf swing or rope.

First aid provision

Young children invariably have incidents and injure themselves and at such times can become frightened and upset. It is the responsibility of the specialist to know very well what to do in an emergency and carry out the correct first aid calmly and confidently. Relative to medical and Safety at the job Work 1974 and the statutory requirements of the EYFS the early years provider must be sure that there surely is at least one employee with a present paediatric medical certificate present all the time on the premises and that there is a well stocked current first aid equipment available. There must be policies and types of procedures in spot to deal with and record all incidents and their treatment as well as current telephone numbers to contact parents or a designated adult in case of a child needing emergency treatment. In the event of serious accident or death the provider must comply with the Reporting of Accidents, Diseases and Dangerous Occurrences Polices (RIDDOR).


The framework claims that, 'The premises and equipment must be organised in a way that satisfies the needs of the children. ' The indoor space requirements are:

  • Children under 2 yrs: 3. 5m per child.
  • Two yr olds: 2. 5m per child
  • Children aged three to five years 2. 3m per child.

The provider must also ensure the following:

  • Facilities and equipment and usage of the premises are suitable as far is reasonably possible accessible to children with disabilities.
  • That there exists access to outdoor activities.
  • Provision of an silent area for children who want to relax or rest.
  • Adequate toilet and hand cleaning facilities.
  • Child care settings should have secure entrance entrance doors that sound an alarm or require buzzer activation to alert personnel to anyone getting into the premises. It is important to check on that other individuals to arrive are permitted to be there and they register and out; not only for security purposes but also in case of fire or mishap on the premises. Additionally it is important to ascertain from parents those men and women who will have responsibility for collecting the youngster by the end of the day. There must be procedures set up for parents to see the setting when a different adult is to accumulate a child at the end of your day. However the specialist should never be afraid of challenging someone they are not familiar with. It is also important to be mindful when people are departing the environment that no other children are local and in a position to slip out the door unnoticed.


[1] Statutory Framework for the first Years foundation Stage. (March 2012). Section of Education. https:// www. educataion. gov. uk/magazines/standard/AllPublications/Page1/DFE-00023-2012

[2] COSHH assessment: identifying hazard and assessing risk. Available online at: www. hse. gov. uk/coshh/basic principles/assessment. htm.

[3] Tassani, Penny; Bulman, Kath; Beith, Kate (2005) Children's Health care, Learning and Development (2nd edition), Heinemann. ISBN 978-0-435-44851-6

[4] The Health and Safety at work Function 1974 Available online at: www. hse. gov. uk/legislation/hswa. htm

[5] RIDDOR Available online at: www. hse. gov. uk/instruction/index. htm

[6] B. F. Skinner - Operant Conditioning www. simplepsychology. org/operant-conditioning. htm

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