1.1 Outline the current legislation covering home-based childcare, and the role of regulatory bodies

This guide will help you answer 1.1 Outline the current legislation covering home-based childcare, and the role of regulatory bodies.

Current Legislation Covering Home-Based Childcare

Home-based childcare covers care provided for children within the home of a childminder or other registered individual. It is regulated to protect children’s safety, welfare and education. Legislation sets clear expectations for those who wish to provide such services in England.

Several key laws shape how home-based childcare operates. These laws guide practice in areas such as safeguarding, health and safety, equality and early years education. Workers must be aware of them to deliver care in line with legal requirements and to meet regulatory standards.

The Children Act 1989 and 2004

The Children Act 1989 sets out the duty to protect and promote children’s welfare. It outlines the rights of children and the responsibilities of parents and carers.

The Act supports the principle that the child’s welfare comes first. It includes guidance on safeguarding and protecting children from harm.

The Children Act 2004 builds upon the earlier Act. It brought in the “Every Child Matters” framework which focuses on outcomes such as staying safe and achieving well-being. It created Local Safeguarding Children Boards and placed duties on agencies to work together to protect children.

The Childcare Act 2006

The Childcare Act 2006 is central to home-based childcare. It places requirements on providers to deliver the Early Years Foundation Stage (EYFS) and to register with the appropriate regulatory body.

The Act focuses on improving outcomes for children under five. It requires childminders to offer learning and development opportunities through planned activities. It also sets standards for safeguarding, welfare and inclusion.

The Education Act 2011

The Education Act 2011 amended the Childcare Act 2006 to change registration categories for childminders and home-based carers. It gave Ofsted more powers to inspect and take action against providers who do not meet standards.

The Safeguarding Vulnerable Groups Act 2006

This Act introduced the system of vetting and barring. Childminders and all people working with children must undergo checks, including the Disclosure and Barring Service (DBS) check. This prevents unsuitable people from working with children.

Working Together to Safeguard Children Guidance

This government guidance sets out duties for all agencies and individuals who work with children. It explains how to report concerns, share information and respond to signs of abuse.

Home-based childcare workers must follow these procedures to protect children in their care.

The Equality Act 2010

The Equality Act protects children and families from discrimination. It applies to childcare providers who must offer equal access and opportunities.

Providers cannot treat children differently because of race, gender, disability, religion or other protected characteristics. Adjustments must be made to ensure inclusion.

The Health and Safety at Work etc. Act 1974

This Act requires the provider to maintain a safe environment. Risk assessments must be completed to identify hazards in the home and reduce risks.

It covers safe equipment, fire safety, food hygiene and overall workplace safety.

The Data Protection Act 2018 and UK GDPR

These laws protect personal information. Providers must store records securely and only use them for lawful purposes.

This applies to written records, computer files and any photographs taken of children. Parents have rights to see their child’s records.

The Food Safety Act 1990

Childminders who prepare and serve food must follow hygiene standards. This law requires correct storage, preparation and handling of food to avoid illness.

The Role of Regulatory Bodies

Regulatory bodies oversee the quality and safety of home-based childcare. Their role includes inspection, registration, enforcement and guidance.

In England, Ofsted is the main regulatory body for childcare provision.

Ofsted

Ofsted stands for the Office for Standards in Education, Children’s Services and Skills. It registers childminders and inspects their services.

Ofsted ensures compliance with the EYFS and other requirements. If standards are not met, Ofsted can impose conditions, suspend registration or cancel it.

Ofsted responsibilities include:

• Processing applications for registration
• Carrying out suitability checks for the applicant and anyone in regular contact with children
• Conducting inspections and publishing reports
• Setting actions for improvement where needed
• Investigating complaints

Local Authorities

Local authorities support childminders with training, advice and funding opportunities. They may assist with meeting EYFS requirements and improving practice.

They also have safeguarding duties and work with childcare providers to tackle child protection concerns.

Disclosure and Barring Service (DBS)

The DBS checks the criminal record of anyone applying to work with children. It identifies people who are barred from such work.

A clear DBS certificate is needed before registration with Ofsted can be completed.

Early Years Foundation Stage (EYFS)

The EYFS is a statutory framework set by the Department for Education. All childminders caring for children under five must follow it.

The framework covers learning, development and welfare requirements. It includes:

• Provision of activities to promote physical, emotional, social and intellectual growth
• Observation and assessment of each child’s progress
• Maintaining records on development and communication with parents
• Keeping children safe and healthy
• Supporting transitions into school

Failure to meet the EYFS requirements can lead to enforcement by Ofsted.

Registration Process for Home-Based Childcare

Working lawfully as a childminder requires registration. The process involves:

• Completing a DBS check for all adults in the household
• Undertaking training in safeguarding, paediatric first aid and child development
• Meeting health and safety standards in the home
• Agreeing to follow the EYFS and inspection standards
• Providing references and personal information for suitability assessment

Once registered, childminders must keep their details updated and inform Ofsted of any significant changes such as moving home or changes to household members.

Safeguarding Responsibilities

Legislation and regulatory guidance stress safeguarding. This includes:

• Recognising signs of abuse
• Recording and reporting concerns without delay
• Working with other professionals to protect child welfare
• Maintaining a safe environment free from hazards

Providers must keep up to date with safeguarding training and follow local safeguarding procedures.

Health and Safety Duties

The law expects home-based childcare workers to plan for safety. This includes:

• Risk assessments indoors and outdoors
• Safe storage of cleaning materials and medication
• Childproofing areas with hazards
• Fire safety measures such as alarms and escape plans
• Keeping equipment well maintained

Health and safety duties link directly to the Welfare Requirements in the EYFS.

Data Protection Duties

Personal data includes names, addresses, medical details and photographs. Home-based childcare workers must keep all records secure.

This includes:

• Locking paper files away
• Using encrypted digital storage
• Limiting access to authorised persons
• Only sharing information with consent, unless safeguarding law requires sharing without it

Parents have the right to know how their information is stored and used.

Equality and Inclusion

Childminders must make reasonable adjustments to include all children. This might mean adapting activities for a child with physical disabilities or providing culturally appropriate resources.

Training in equality and diversity supports this work and links to the Equality Act duties.

Inspections

Ofsted inspects services to check quality and compliance. Inspections look at:

• Learning and development
• Safeguarding arrangements
• Welfare provision
• The environment and equipment
• Records and administration

After inspection, providers receive a report. This is published for families to see. Poor inspection outcomes may lead to actions, re-inspection or penalties.

Enforcement

If legislation is breached, regulatory bodies can take action. This may include:

• Issuing warning notices
• Imposing conditions
• Suspending registration
• Cancelling registration
• Prosecution for serious offences

Providers must act on recommendations and maintain standards.

Training and Ongoing Compliance

The role of a childminder involves keeping knowledge fresh. This means attending training on areas such as safeguarding, first aid, EYFS updates, food hygiene and equality.

Ongoing compliance involves:

• Reviewing policies regularly
• Conducting frequent checks of the environment
• Keeping records accurate and up to date
• Responding quickly to feedback from inspections

Final Thoughts

Home-based childcare in England operates within a clear framework of laws and guidance. These laws focus on protecting children’s welfare, promoting learning and supporting high quality care. Regulatory bodies like Ofsted work to enforce these standards through registration, inspection and guidance.

For anyone working in home-based childcare, knowing these legal duties is as important as applying them day by day. By following the legislation and working with regulators, childminders can create safe, welcoming environments where children thrive. This builds trust with families and meets both professional and legal expectations.