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Regulation 6 Disclosure to childcare organisations

Original text. Later amendments are not shown.

(1)

In this regulation, “childcare organisation” means one of the organisations listed in the Schedule to these Regulations.

(2)

In this regulation,

  • “area”, except in the definition of “relevant qualification”, means geographical area;

  • “relevant childcare provider” means, in relation to a childcare organisation, a childcare provider who provides, or may, in the opinion of the Chief Inspector having regard to information at his disposal, be about to provide childcare within—

    1. (a)

      the area within which the childcare organisation provides its services; or

    2. (b)

      the areas of any childcare organisations that are adjacent to that area,

  • (and “relevant childcare” shall be construed accordingly);

  • “relevant qualification” means a qualification evidencing competence or level of competence in an area that is, or areas that are, or in the opinion of the Chief Inspector may be, relevant to the assessment of the childcare provider’s suitability; and

  • “relevant services” means services of the childcare organisation acting in that capacity provided to the public within an area within which the childcare provider provides or may, in the opinion of the Chief Inspector having regard to information at his disposal, be about to provide childcare.

(3)

The Chief Inspector shall provide a childcare organisation—

(a)

at reasonable intervals, and otherwise

(b)

in response to a request in writing from that organisation,

with so much of the information listed in sub-paragraph (4) as is in his possession relating to relevant childcare providers.

(4)

The information referred to in sub-paragraph (3) is—

(a)

the names of the childcare providers; and

(b)

in relation to each childcare provider—

(i)

any unique reference number or other identifier used by the Chief Inspector;

(ii)

the date and purpose of registration, in so far as it relates to the provision of relevant childcare;

(iii)

the date and number of any current certificate of registration;

(iv)

the business name, if any, under which the childcare is, or is to be, provided;

(v)

the address of the childcare provider;

(vi)

the address, if different from the address at (v), of any premises at which relevant childcare is, is to be, or may be provided

(vii)

any telephone number, fax number or e-mail address of the childcare provider or of the premises supplied to the Chief Inspector by the childcare provider;

(viii)

any relevant qualifications.

(5)

The Chief Inspector shall, upon the taking of any enforcement action against a childcare provider by the Chief Inspector or by an authorised person, provide to any childcare organisation he considers appropriate information of the kind falling within sub-paragraph (7)(d).

(6)

The Chief Inspector shall, in response to a written request from a childcare organisation providing relevant services for information relating to a childcare provider named in the request, provide that organisation with such information of a kind falling within paragraph (7) in his possession as he considers appropriate to meet that request.

(7)

The information referred to in paragraphs (5) and (6) shall be—

(a)

information concerning the setting for relevant childcare provided by that childcare provider;

(b)

the date of, purpose of, and any conditions attaching to the registration of the childcare provider in respect of that childcare;

(c)

information relating to the quality of the childcare obtained by an authorised person;

(d)

information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act.

(8)

Nothing in this regulation shall require the Chief Inspector to disclose the following information—

(a)

information as to the identity of any child to whom childcare is or has been provided without the consent of a parent of the child identified;

(b)

information as to the identity of a parent or relative of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified;

(c)

information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it.

(9)

For the purposes of paragraphs (3), (5) and (6), disclosure by the Chief Inspector to any person carrying out services of a childcare organisation on behalf of that organisation shall be treated as disclosure by the Chief Inspector to that organisation.