< Go Back Childcare Issues and Legalities: Family Law Awareness Posted: Aug 26, 2021 Over the past year, lots of people have struggled financially due to the loss of jobs or lack of financial support in the wake of the global pandemic. For this reason, we've seen an uplift, especially within the UK, of people setting up small businesses or sole trader ships to try to make ends meet.
While it's a great idea to set up online crafting stores or hobby workshops, other people have opted for childcare. If you're not fully qualified, however, there are many legal requirements to consider.
Opening for Childminding Now that much of the country is beginning to return to the workplace, there are lots of families that require child care that they haven’t needed for a while due to working from home. These young families seem to be spoiled for choice too, as the UK now has an abundance of childminders to choose from while parents spend their days at the office. However, if you want to start a childcare business, you should consider if this is a legally viable option.
Childcare: Rules and Regulations The Children Act 1989 states that any child under the age of 8 years old that's to be left for a period of longer than 2 hours must be left in a safe environment that is officially registered with the Office for Standards in Education (Ofsted).
The Process To set up a childcare business, whether in your home or at another location, you will need to carry out several incredibly important steps.
1. A DBS Check A DBS check will require you to provide two forms of identification and a written history of your previous addresses and employment. The check will then search your background for criminal convictions or anything that would signify that you're unfit to work with children. Usually, any criminal conviction will disallow you from doing so. The DBS application is £50 to carry out.
2. A Health Declaration This is a booklet that you'll need to fill in with your full medical history and any medications that you're taking. This ensures that you're not a danger to the children when they're in your care and provides proof that caring for them won't have any detriment to your health.
3. National Standards Once your DBS and health check have come back with the green light, you'll then need to prove that your proposed business is fit for purpose and meets all the national regulations. There are 10 regulations presently – all of which will require proof of provision before you can proceed.
All staff need to be Ofsted registered.
All staff require DBS and health checks.
The manager of the establishment must have a minimum of 2 years of experience in childcare.
All staff must be fully trained in health and safety procedures and the child protection procedure within week one of employment.
You should never have more than 26 children in your care at any one time.
All children must have a minimum of 3 square metres of space without touching other children.
Staff should never have responsibility for more than 6 children at any one time and if the children are under 3 years old, the staff member should never have responsibility for more than 3 at a time.
There must be at least 1 toilet and washbasin for every 10 children.
All furniture, equipment, and toys must be well maintained and replaced when needed.
The premises must be secure and always monitored.
To set up a childcare service, you'll be required to submit evidence of each of these requirements and will be subject to visits to confirm adherence too. Once you're all signed up, you're good to go, but make sure you maintain these standards as further checks will be carried out throughout the year.
As a Parent If you're looking for a reliable childcare option, most reputable establishments will display their certificates to show that they have passed all the required regulations. However, you are well within your rights to see these certificates before leaving your child for the day.
For further information or to talk with one of our highly qualified solicitors,contact us via our website or call us at 01162 620290.