In its report, The work of Ofsted, published on 22 July, the committee said that if a change in the law was required 'it should be brought forward as soon as possible'. At present, Ofsted is prevented by section XA of the Children Act 1989 from publishing information about registered day nurseries, pre-schools and childminders if the setting or person does not give consent.
However, the report noted how earlier this month Ofsted had acted 'in response to concerns about this issue' by putting in place measures to allow information about previous complaints against providers to be disclosed to parents with the childcare provider's written consent (News, 17 July).
It also noted that Ofsted and the Department for Education and Skills are working together on 'how applications for information when the provider does not consent to disclosure will be handled'.
The select committee acknowledged the legal constraints on Ofsted regarding the disclosure of complaints, but expressed concern 'that parents who are denied access to this important information about their childcare provider may, for understandable reasons, lose faith in both their providers and the system of inspection'.
The report added, 'The handling of requests for information about complaints, where providers do not consent to disclosure, will be important in this regard... If a change in the law is required it should be brought forward as soon as possible.'
However, the National Childminding Association (NCMA) urged the Government to tread carefully, and called for a consultation with the childcare sector 'to find a workable solution' to the issue.
NCMA chief executive Gill Haynes pointed out that only one in four complaints related directly to the suitability of childcarers, and that most were about issues such as the premises, money and car parking, while 'a significant percentage are malicious and unfounded'.
She said, 'In order to close a legal loophole, it now seems that Ofsted is bringing in a system whereby every parent can get information about every complaint - justified or not - about a childminder, with the childminder's consent. Ofsted is calling it a "voluntary" system - but, of course, if a childminder refuses, parents could draw their own conclusions.'
Mrs Haynes said this seemed 'unreasonable, because it could lead to unjustifiable inferences about individuals, and the loss of a childminder's reputation and business'.
