Nursery World - National care standards: On the road

The new national standards for daycare will be up and running in three months' time. Ruth Thomson compares the operating model with the proposals before consultation

The final version of the national standards for daycare are with us at last, sneaked out quietly by the Department for Education and Employment on the day the General Election was announced. Despite the Government saying there are no significant changes, the DfEE has indeed slipped in various amendments, reworded some criteria and added others.

The National Standards for Under- Eights Day Care and Childminding, to be used by Ofsted to carry out Children Act inspections from September, are set out in five different documents: out-of-school care, sessional care, full daycare, creches and childminding.

As in the initial proposals, there are 14 main standards, such as 'safety' and 'equipment', covering all settings. The supporting criteria have then been adapted to take into account the different kinds of provision, so, for example, kitchen requirements vary in day nurseries, out-of-school clubs and childminders' homes.

Below is an overview detailing the standards and the main changes to the DfEE's earlier proposals, but it is by no means comprehensive. Childcarers can see the full documents on the DfEE website or order a copy from DfEE Publications (see box).

The next important deadline for childcare providers will be early July, when Ofsted publishes further guidance on the standards - an Ofsted equivalent of the current Children Act blue book, The Children Act 1989 Guidance and Regulations Volume 2 Family, Support, Day Care and Educational Provision for Young Children. Guidance will be published for each of the five kinds of provision.

Many of the 4,000-odd respondents to the DfEE's questionnaire about the proposed standards called for further guidance, and there is much that still needs clarification. 'Supervisors' need to have a level 3 equivalent qualification in full daycare settings. But what is the definition of 'supervisor'? What is the definition of a 'suitable' person, 'adequate' storage facilities, a 'secure' area?

1 Suitable person 'Adults providing daycare, looking after children or having unsupervised access to them are suitable to do so'.

There have been some significant changes and additions to this standard:

Gone is the minimum age limit of 18 for all staff and providers. New is a requirement that trainees under 17 years of age are supervised at all times and are supernumerary.
The Government has bowed to sector pressure to stipulate managers' minimum experience. That has now been set at a minimum of two years.
Sector concern about the length of the time it takes to complete a police check has also been heeded. Where the initial guidance stipulated that police checks be completed before a person starts work, that has now been removed. Remaining is the requirement that 'any person who has not been vetted is never left alone with children'.
Added is a supporting criterion on a childcarer who has in the past been guilty of an offence with a time limit or without a qualifying sentence or who has been the subject of an order mentioned in the Disqualification for Caring for Children Regulations 1991. The criterion states that: 'In determining the suitability of the registered person, the regulator will have regard to all circumstances of the offence or order', including date and type of offence or order and degree of culpability.

2 Organisation

'The registered person meets adult:child ratios, ensures that training and qualifications requirements are met and organises space and resources to meet the children's needs effectively.'

The Government has responded to sector concern about 'dumbing down' of standards for qualifications in full daycare. Where previously it recommended that half of staff hold or be working towards a level 2 qualification, now all supervisors must hold or be working towards a level 3 qualification, and half of all other childcare staff must have a level 2 qualification.
The Government earlier promised 'flexibility' and implied that all settings would be given time to train staff to the required levels. That flexibility is guaranteed, but within full daycare the flexibility appears to apply to supervisors only. The 50 per cent of remaining staff will have to have a level

2 qualification already. Ofsted guidance will have to clarify the extent of the 'flexibility'. Half of respondents to the consultation report favoured a 12-month period of grace to allow providers to meet the training requirements.

3 Care, learning and play

'The registered person meets children's individual needs and promotes their welfare. They plan and provide activities and play opportunities to develop their emotional, physical, social and intellectual capabilities.'

Practitioners should welcome some minor changes in this standard. 'Play' has been added to the heading, 'play opportunities' is now included in the standard, and the second supporting criterion, with changes in italics, now reads: 'The registered person selects resources and provides activities, play opportunities and first-hand experiences which allow children to build on their natural curiosity as learners, develop their language and mathematical thinking, use their imagination and develop social relationships.'
A greater degree of consistency would still be welcome. Only out-of- school care mentions giving children 'as much choice as possible' in the activities provided.

4 Physical environment

'The premises are safe, secure and suitable for their purpose. They provide adequate space in an appropriate location, are welcoming to children and offer access to the necessary facilities for a range of activities which promote their development.'

Space ratios have been extended to include childminders, a move favoured by some respondents to the consultation questionnaire.
The three- to five-year age group has been extended to three- to seven-year-olds and the space requirement for this group increased from 2m2 to 2.3m2.

5 Equipment

'Furniture, equipment and toys are provided which are appropriate for their purpose and help to create an accessible and stimulating environment. They are of suitable design and condition, are well-maintained and conform to safety standards.'

No significant changes, but a query: why should the supporting criterion 'Appropriate furniture or equipment is provided for children to sleep or rest in' apply only to childminders?

6 Safety

'The registered person takes positive steps to promote safety within the setting and on outings and ensures proper precautions are taken to prevent accidents.'

As requested by 7 per cent of respondents, the DfEE has added the supporting criterion that all childcare providers, including childminders, carry public liability insurance.
A supervision criterion, previously applying only to creches and out-of-school clubs, now comes under the category of security, applies to all providers and requires children to be supervised 'at all times'.

7 Health

'The registered person promotes the good health of children and takes positive steps to prevent the spread of infection and appropriate measures when they are ill.'

Despite the furore, the glaring discrepancy remains: all providers except childminders must operate a no-smoking policy. 'The childminder and others in the childminder's home do not smoke in the presence of children unless the childminder has prior written agreement from their parents'.
Criteria relating to first aid have been added across the sector: 'Written parental permission is requested, at the time of placement, to the seeking of any necessary emergency medical advice or treatment in the future', and 'A record is maintained, signed by the parent, of any accidents.'

8 Food and drink

'Children are provided with regular drinks and food in adequate quantities for their needs. Food and drink is properly prepared and nutritious and complies with dietary and religious requirements.'

Largely unchanged from the proposed standards, though providers are now expected to record any information provided by parents about a child's special dietary requirements, preferences or allergies, and this has been extended to childminders.

9 Equal opportunities

'The registered person and staff actively promote equality of opportunity and anti-discriminatory practice for all children.'

No major changes, though some clauses have been reworded and the requirement to liaise with parents is given greater emphasis in the criteria covering childminders and creches.

10 Special needs

(including special educational needs and disabilities) 'The registered person is aware that some children may have special needs and is pro-active in ensuring that appropriate action can be taken when such a child is identified or admitted to the provision. Steps are taken to promote the welfare and development of the child within the setting, in partnership with the parents and other relevant parties.'

Again no major changes, although criteria relating to both liaising with parents and ensuring the privacy of the child when providing intimate care have been extended to childminders (and the latter to creches).
The phrase 'play opportunities' has again been added to the criterion covering children's right to access to 'activities'.

11 Behaviour

'Adults caring for children in the provision are able to manage a wide range of children's behaviour in a way which promotes their welfare and development.' n As expected, the DfEE has not flinched from its views on smacking. 'Physical punishments, or the threat of them, are not used' applies to all providers except childminders, who can smack children provided they have parental permission. However, while the draft proposal stated only 'a prior agreement with the parents', the final version stipulates 'a written agreement' - a concession (if that is what it can be called) that is unlikely to satisfy childminders.

The DfEE has responded to calls for parents to be informed of occasions where a child was held or restrained. While the original proposal required childcarers to inform parents only of 'significant' incidents, the criterion for all providers now states: 'Any incident is recorded and the parent informed of the incident on the day.'

12 Working in partnership with parents and carers

'The registered person and staff work in partnership with parents to meet the needs of children, both individually and as a group. Information is shared.'

Some additions, chiefly that children are only released from the provision to 'individuals named by the parent'.

13 Child protection

'The registered person complies with local child protection procedures approved by the Area Child Protection Committee and ensures that all adults working and looking after children in the provision are able to put the procedures into practice.'
n No significant changes.

14 Documentation

'Records, policies and procedures which are required for the efficient and safe management of the provision, and to promote the welfare, care and learning of children are maintained. Records about individual children are shared with the parent.'

The criterion that 'Records about individual children are kept confidential' has been removed from full day and session care and childminding. Annex A Babies/ children under two

There are additional criteria to be met by childcare providers who wish to care for babies.

The annexes covering under-twos seem remarkably inconsistent. All providers must respect children's sleeping routines except full daycare settings, which alone must have 'clear planning of babies' activities'. In full daycare, the person in charge of a baby room now needs only 'suitable experience' of working with under-twos instead of the 'two years' experience' previously suggested.

This requirement remains for creches and has been added to sessional care, where before there was no requirement.

Among the other criteria added is one stipulating that any care for children aged eight to 14 is not allowed to adversely affect the care provided for children under eight years old.
There is a change in ratios for childminders. Of the three children aged under five, no more than one child may now be under one year. Previously, they could look after no more than two under the age of two.

Annex B Overnight care

There are additional criteria to be met by providers of group care who wish to care for children overnight.

This annex, which applies only to full daycare, childminding and out-of-school care, includes no major changes or additions, so there is still no limit to the number of consecutive hours that a child can be left in a childcare setting, nor is an age given when the sexes should be segregated, though the guidance may provide clarification.

Annex C Nursery schools

This annex defines 'private nursery school' to avoid confusion with private day nurseries that choose to include 'school' in their title. Those falling within the definition of day nursery will, of course, be inspected by Ofsted under the Children Act, while the private nursery school will, despite sector protests, remain exempt.

More information

The DfEE has distributed the care standards to childcare organisations and social services registration and inspection units. Practitioners can access the standards on the DfEE website www.dfee.gov.ukor obtain the relevant set from DfEE Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DG (tel 0845 6022260, fax 0845 6033360 or e-mail dfee@prolog.uk.com).The reference numbers are: