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Editor's View - The fine line between regulation and freedom

Both England and Scotland's inspection bodies have got themselves into hot water - or lack of hot water, in the case of the Care Commission - over health and safety regulations in the past week (see News, pages 4 and 6).

The Care Commission has told the innovative outdoor nursery Secret Garden in Fife that, according to the report it commissioned from Health Protection Scotland, children must be able to wash their hands with soap and running water. The problem is that Secret Garden uses woodland with no such facilities, while the children spend all day outdoors.

At first, this might sound less than desirable - shouldn't handwashing be a priority? However, hygiene experts say that the alternative of sanitiser and anti-bacterial wipes is perfectly acceptable. Children's petting farms have conventional handwashing facilities and are a far greater source of infection.

The Care Commission sounds committed to finding a fair outcome that will not threaten Secret Garden's existence. Let's hope this is so, as the number of nurseries based outside is growing, as is the popularity of forest schools. The ruling in this case could be used to create national standards for Scotland and to influence hand hygiene policy in England and Wales.

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