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The Childcare (Disqualification) Regulations 2007 (SI 2007
No.723), which came into effect on 6 April 2007 and are based on
the previous legislation on disqualification, set out the
categories or people who are disqualified from registration in
England as childminders or other providers of childcare under the
2006 Act.
Those regulations apply to anyone joining the Early Years
Register and those joining either the compulsory or voluntary part
of the General Childcare Register. Section 76 of the 2006 Act
describes the consequences of disqualification which include
disqualification from being concerned with management of early
years or later years child care provision and from being employed
in connection with this provision.
The 2007 Regulations were amended in 2008 in order to take
account of the introduction of the Early Years Register and
compulsory part of the General Childcare Register. The
Childcare (Disqualification) (Amendment) Regulations 2008 (SI 2008
No.1740) came into force on 1 September 2008.
The present regulations provide for automatic disqualification
from registration for providers who have been refused registration
or had their registration cancelled. The most common reason for
cancellation is non-payment of fees and therefore many potential
providers are automatically disqualified from re-registering.
Ofsted has the power to grant waivers from disqualification but
the existing process for granting waivers has to contain a number
of safeguards which make it a quite cumbersome process. Providers
have to apply for a waiver in writing and the Childcare Act
requires that every waiver is signed by Her Majesty’s Chief
Inspector (HMCI). Although this is a reasonable process where
there might be questions about the suitability of the provider to
work with children, the non-payment of fees is an administrative
question and does not have any impact on safeguarding
children.
We are therefore proposing to amend the Regulations so that
cancellation of registration for non-payment of childcare
registration fees is removed from the scope of
disqualification. This would remove the need for providers to
make a formal application for a waiver in these particular
circumstances and allow Ofsted officials to decide whether or not
to register someone where there were no questions about their
suitability to work with children.
It would retain Ofsted’s discretion to refuse registration, or
to cancel a registration, if a potential provider refused to pay
their fees.
NCMA has responded to the consultation on this amendment as
follows:
NCMA is broadly supportive of this proposal and believe the
amendments would make it easier for providers who are disqualified
due to non payment of fees to re-register at some point in the
future without having to go through the current lengthy process of
applying for a waiver from the original disqualification.
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