How Does Legislation Impact On Early Years Practice

Study day 10 – Managing Health and Safety

Information sheet for new staff, explaining and informing them on health and safety.

Legislation
Impact on early years practice
The Health and Safety at Work Act 1974 (Great Britain)
Outlines the responsibility of individual employees for maintaining health and safety in the workplace.
Childcare Act 2006
Focuses on improving outcomes for children in the early years through the ‘five outcomes’ of Every Child Matters (including ‘being healthy’ and ‘staying safe’).
Introduced the Early Years Foundation Stage in 2008 (including the welfare requirements for promoting health and safeguarding children).
Manual Handling Operations Regulations 1992
Provides guidance for lifting
and carrying children, including correct techniques and procedures for risk assessment.
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
Protects children from dangerous chemicals (including cleaning substances and medicines), including regulations about storage and usage.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
Outlines the procedures for reporting accidents, injuries and infectious diseases such as TB and meningitis to the Health and Safety Executive (HSE) and the Health Protection Agency (HPA).
The Food Hygiene (England) Regulations 2006
(similar legislation in Scotland, Wales and Northern England)
Provides guidance on the preparation, storage and cooking of food and the requirements for staff training in food hygiene.
Statutory Framework for the Early Years Foundation Stage 2012 (England)
The safeguarding and welfare requirements outline the legal responsibilities for providers in promoting children’s health, safety and wellbeing (ages 0– years).

Health and safety in our setting

Our responsibilities
MORAL – no one wants children or employees to be harmed
LEGAL – we have to comply with the law – civil and criminal
FINANCIAL – events can be costly and may damage a business beyond recovery

We recognise that we can always improve and we are committed to “continual improvement”
As a business we want to adopt the best practice not just comply with our legal duties.
Legal requirement to “manage” health and safety
Safe systems of work, Monitoring, Training and keeping
Records are part of our management of health and safety

MONITORING – carry out daily, weekly, monthly checks to cover policies, procedures, legal requirements and good practice. Our system generates tasks.
TRAINING – training and refresher training. We have an annual plan covering months that nursery staff receive training and refresher training in topics e.g. allergy procedures, manual handling, infection control, company policies and procedures etc.
RECORD – records are essential for everything to ensure that there is proof that actions have been taken. We use record books.

There is a legal responsibility to manage health & safety
• Auditing is an essential part of any management system. It’s how we check that the system is working.
• Can’t just rely on picking up checks as part of the normal routine child care activities.
• Need to put on the “health & safety hat”!

I have a responsibility to provide a safe environment for the children in our care and I am responsible for health and safety matters concerning the nursery premises. All staff are aware of potential hazards within the nursery and the surrounding environment and actively protect children from hazards. We aim to provide all staff with first aid training. All accidents and any incidents are recorded in the Accident Report Book. All accidents are accurately notified to the parent/carer as soon as possible. Hygiene rules relating to bodily fluids are followed with particular care and all staff are aware of how infections can be transmitted.
In the nursery we aim to:
-Involve and motivate nursery staff in all matters concerning Health & Safety.
-Prevent accidents, injuries and ill-health and to identify and eliminate hazardous situations.
-Achieve a high standard of occupational health, safety, welfare and hygiene.
-Control situations likely to be hazardous to health and safety in the nursery or cause damage to persons or equipment. -Provide a safe and healthy environment.

As early years practitioners, it is our responsibility to understand how health and safety legislation applies to our own practice in the workplace setting. Complying with health and safety legislation is extremely important in order to:
• protect children, staff and other from accidents, injuries and illness
• promote children’s health and wellbeing
• provide reassurance for parents and carers and inspire their confidence in the setting
• maintain a safe working environment for children, staff and visitors
• meet the requirements for registration with Ofsted (the Office for Standards in Education) in England or other regulatory organisations.

Understanding and complying with health and safety legislation is one of the most important aspects of working with young children. Parents and carers need to know that their children will be safe in our care and we are legally obliged to follow the guidance set out in health and safety regulations. Young children are very vulnerable and depend on you to keep them safe from harm. It is therefore very important to have a sound working knowledge of the legal requirements for health and safety.

Legal responsibilities of employers

Health and safety law states that organisations must: assess risks to employees, customers, partners and any other people who could be affected by their activities; arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures; have a written health and safety policy if they employ five or more people; ensure they have access to competent health and safety advice; consult employees about their risks at work and current preventive and protective measures.
Failure to comply with these requirements can have serious consequences – for both organisations and individuals. Sanctions include fines, imprisonment and disqualification.

Legal liability of individual board members for health and safety failures

If a health and safety offence is committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the organisation, then that person (as well as the organisation) can be prosecuted under section 37 of the Health and Safety at Work etc Act 1974.

Recent case law has confirmed that directors cannot avoid a charge of neglect under section 37 by arranging their organisation’s business so as to leave them ignorant of circumstances which would trigger their obligation to address health and safety breaches.
Those found guilty are liable for fines and imprisonment. In addition, the Company Directors Disqualification Act 1986, section 2(1), empowers the court to disqualify an individual convicted of an offence in connection with the management of a company. This includes health and safety offences. This power is exercised at the discretion of the court; it requires no additional investigation or evidence.
Individual directors are also potentially liable for other related offences, such as the common law offence of gross negligence manslaughter. Under the common law, gross negligence manslaughter is proved when individual officers of a company (directors or business owners) by their own grossly negligent behaviour cause death. This offence is punishable by an unlimited fine and a maximum of life imprisonment.

Health and Safety In the Workplace in more depth
The difference between Acts and Regulations:

An act is a law passed by a legislative body, and may designate an administrative agency of government to implement its provisions.

A regulation is a more specific description of what the designated administrative body requires as a means of implementing the Act or obtaining compliance with the Act.

A regulation generally has the force of law, unless it is found to reach beyond the authority granted to the administrative body by the legislative body that passed the act in the first place.

The roles and responsibilities of the Health and Safety Executive (HSE)

The Health and Safety Executive (HSE) is a non-departmental public body of the United Kingdom with its headquarters in Liverpool, England. It is the body responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in England and Wales and Scotland. Responsibility in Northern Ireland lies with the Health and Safety Executive for Northern Ireland. The HSE was created by the Health and Safety at Work etc. Act 1974. The HSE is sponsored by the Department for Work and Pensions. As part of its work HSE investigates industrial accidents, small and large, including major incidents. Though it formerly reported to the Health and Safety Commission, on 1 April 2008, the two bodies merged.

The Executive's duties are to:
-Assist and encourage persons concerned with matters relevant to the operation of the objectives of the Health and Safety at Work etc. Act 1974.
-Make arrangements for and encourage research and publication, training and information in connection with its work.
-Make arrangements for securing government departments, employers, employees, their respective representative organisations, and other persons are provided with an information and advisory service and are kept informed of, and adequately advised on such matters.
-Propose regulations.
The Executive is further obliged to keep the Secretary of State informed of its plans and ensure alignment with the policies of the Secretary of State, giving effect to any directions given to it. The Secretary of State can give directions to the Executive
On 1 April 2006, the Executive ceased to have responsibility for railway safety.
The Executive is responsible for the Employment Medical Advisory Service, which operates as part of its Field Operations Directorate.

Local authorities are responsible for the enforcement of health and safety legislation in shops, offices, and other parts of the service sector. The settings local Authority is Oxfordshire County Council.

RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations ‘ 2013
Regulations 4 - 6 cover the reporting of work-related deaths and injuries other than for certain gas incidents RIDDOR requires deaths and injuries to be reported only when: there has been an accident which caused the injury the accident was work-related the injury is of a type which is reportable

What is an ‘accident’?
In relation to RIDDOR, an accident is a separate, identifiable, unintended incident, which causes physical injury. This specifically includes acts of non-consensual violence to people at work.
Injuries themselves, eg ‘feeling a sharp twinge’, are not accidents. There must be an identifiable external event that causes the injury, eg a falling object striking someone. Cumulative exposures to hazards, which eventually cause injury (eg repetitive lifting), are not classed as ‘accidents’ under RIDDOR.
What is meant by ‘work-related’?
RIDDOR only requires you to report accidents if they happen ‘out of or in connection with work’. The fact that there is an accident at work premises does not, in itself, mean that the accident is work-related – the work activity itself must contribute to the accident. An accident is ‘work-related’ if any of the following played a significant role: the way the work was carried out any machinery, plant, substances or equipment used for the work or the condition of the site or premises where the accident happened

What are ‘reportable’ injuries?
The following injuries are reportable under RIDDOR when they result from a work-related accident:
The death of any person (Regulation 6)
Specified Injuries to workers (Regulation 4)
Injuries to workers which result in their incapacitation for more than 7 days (Regulation 4)
Injuries to non-workers which result in them being taken directly to hospital for treatment, or specified injuries to non-workers which occur on hospital premises. (Regulation 5)

Only ‘responsible persons’ including employers, the self-employed and people in control of work premises should submit reports under RIDDOR.
COSHH - Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended)
What is COSHH?
COSHH is the law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers exposure to hazardous substances by: finding out what the health hazards are; deciding how to prevent harm to health (risk assessment); providing control measures to reduce harm to health; making sure they are used ; keeping all control measures in good working order; providing information, instruction and training for employees and others; providing monitoring and health surveillance in appropriate cases; planning for emergencies.
Most businesses use substances, or products that are mixtures of substances. Some processes create substances. These could cause harm to employees, contractors and other people.
Sometimes substances are easily recognised as harmful. Common substances such as paint, bleach or dust from natural materials may also be harmful.

Manual Handling Regulations 1992
You need to comply with the risk assessment requirements set out in the Management of Health and Safety at Work Regulations 1999 as well as the requirement in the Manual Handling Operations Regulations 1992 (as amended) (MHOR) to carry out a risk assessment on manual handling tasks.
The MHOR Regulations in Brief
The employer's duty is to avoid Manual Handling as far as reasonably practicable if there is a possibility of injury. If this cannot be done then they must reduce the risk of injury as far as reasonably practicable. If an employee is complaining of discomfort, any changes to work to avoid or reduce manual handling must be monitored to check they are having a positive effect. However, if they are not working satisfactorily, alternatives must be considered.
The regulations set out a hierarchy of measures to reduce the risks of manual handling. These are in regulation 4(1) and as follows:
-avoid hazardous manual handling operations so far as reasonably practicable;
-assess any hazardous manual handling operations that cannot be avoided;
-reduce the risk of injury so far as reasonably practicable.
The guidance on the Manual Handling Regulations includes a risk assessment filter and checklist to help employers assess manual handling tasks. A revised version of the MHOR was published in March 2004. It also includes a checklist to help you assess the risk(s) posed by workplace pushing and pulling activities.
In addition, employees have duties to take reasonable care of their own health and safety and that of others who may be affected by their actions. They must communicate with their employers so that they too are able to meet their health and safety duties.
Employees have general health and safety duties to: -follow appropriate systems of work laid down for their safety -make proper use of equipment provided for their safety -co-operate with their employer on health and safety matters -inform the employer if they identify hazardous handling activities -take care to ensure that their activities do not put others at risk

Health and Safety at work act 1974
The Health and Safety at Work etc. Act 1974 (c 37) (abbreviated to "HSWA 1974", "HASWA" or "HASAWA") is an Act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
The Act defines general duties on employers, employees, contractors, suppliers of goods and substances for use at work, persons in control of work premises, and those who manage and maintain them, and persons in general. The Act enables a broad regime of regulation by government ministers through Statutory Instrument which has, in the years since 1974, generated an extensive system of specific provisions for various industries, disciplines and risks. It established a system of public supervision through aids the creation of the Health and Safety Commission and Health and Safety Executive, since merged, and bestows extensive enforcement powers, ultimately backed by criminal sanctions extending to unlimited fines and imprisonment for up to two years. Further, the Act provides a critical interface with the law of the European Union on workplace health and safety.
Duties of employers
Section 2 states that "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his/her employees", and in particular that such a duty extends to:
Provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
Arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
Provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
So far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
Provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
Section 3 states the duty of all employers and self-employed persons to ensure, as far as is reasonably practicable the safety of persons other than employees, for example, contractors, visitors, the general public and clients.
Employers must also prepare and keep under review a safety policy and to bring it to the attention of his employees (s.2(2)). Trade unions may appoint safety representatives and demand safety committees. The representatives have a right to be consulted on safety issues (ss.2(4), (6) and (7)). Since 1996 employers have had a duty to consult all employees on safety matters.[9][10] No employer may charge an employee for provision of health and safety arrangements (s.9).
The Act does not apply to domestic servants (s.51).
Duties of persons having control of premises
Section 4 defines a duty of occupiers of premises, for example commercial landlords, managers of serviced office accommodation, and also maintenance contractors, towards people who use those premises for work. Those premises, and the means of entry and exit, must be, as far as reasonably practicable, safe and without risks to health.
Duties towards articles used at work
An "article for use at work" is any (s.53(1)):
Plant designed for use or operation, whether exclusively or not, by persons at work, and
Article designed for use as a component in any such plant.
Section 6(1) defines the duty of any person who designs, manufactures, imports or supplies any article for use at work to:
Ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;
Perform such testing and examination as may be necessary to ensure safety;
Take such steps as are necessary to secure that persons supplied with the article are provided with adequate information about the use for which the article is designed, or has been tested, and about any conditions necessary to ensure that it will be safe and without risks to health at all times, including when it is being dismantled or disposed of; and
Take such steps as are necessary to secure, so far as is reasonably practicable, that persons are provided with all such revisions of information as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or
safety.
A person may rely on testing done by others so long as it is reasonable for him to do so (s.6(6)). A person may rely on a written undertaking by another person to ensure the safety of an item (s.6(8)) Designers and manufacturers must carry out research to identify and eliminate risks, as far as reasonably practicable (s.6(2)). Erectors and installers have responsibilities to ensure, as far as reasonably practicable, that an article is so erected and installed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work (s.6(3)).
Section 6 was extended by the Consumer Protection Act 1987 to cover fairground equipment and its use by persons at work and enjoyment by members of the public.[11]
Duties towards substances used at work
Section 6(4) defines the duty of any person who manufactures, imports or supplies any substance for use at work to:
Ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work or in work premises;
Perform such testing and examination as may be necessary to ensure safety;
Take such steps as are necessary to secure that persons supplied with the substance are provided with adequate information about the any risks to health or safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when the substance disposed of; and
Take such steps as are necessary to secure, so far as is reasonably practicable, that persons are provided with all such revisions of information as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.
A person may rely on testing done by another so long as it is reasonable for him to do so (s.6(6)). A person may rely on a written undertaking by another person to ensure the safety of an item (s.6(8)) Manufacturers must carry out research to identify and eliminate risks, as far as reasonably practicable (s.6(5)).
Exceptions for supply of articles and substances
The duties only extend to persons in business or acting by way of trade, even though not for profit, and only to matters within their control (s.6(7)). Persons who import into the UK are not relieved of liability for activities such as design and manufacture that took place outside the UK and over which they had control.[12] Finance companies who supply articles or substances by way of hire purchase or credit agreement have no duties under section 6 (s.6(9))..
Duties of employees
Under section 7 all employees have a duty while at work to:
Take reasonable care for the health and safety of him/herself and of other persons who may be affected by his/her acts or omissions at work; and
Co-operate with employers or other persons so far as is necessary to enable them to perform their duties or requirements under the Act.
Duties of persons in general
Section 8 requires that "no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions."

Management of health and safety at work regulations 1999

The Management of Health and Safety at Work Regulations 1999 places a duty on employers to assess and manage risks to their employees and others arising from work activities.

Employers must also make arrangements to ensure the health and safety of the workplace, including making arrangements for emergencies, adequate information and training for employees, and for health surveillance where appropriate.

Employees must work safely in accordance with their training and instructions given to them. Employees must also notify the employer or the person responsible for health and safety of any serious or immediate danger to health and safety or any shortcoming in health and safety arrangements.

The employer must assess all significant risks to their employees or to other persons. If there are more than 5 employees a record of the assessment must be kept. The assessment must also identify preventive or protective measures designed to control the risk. The employer must take particular account of risks to new and expectant mothers when assessing risks. If they cannot be protected from the risk by other means, they must be given paid leave for as long as necessary to protect the health of their child or themselves. The employer must assess particular risks for young people, taking into account their inexperience, lack of awareness of potential risks and immaturity. If children under minimum school leaving age are employed, the parents must be given details of the risk assessment and control measures. The employer must make arrangements for effective planning, organisation, control, maintaining and review of health and safety. Where necessary these arrangements should include health surveillance of workers. The employer must appoint as many competent persons as are necessary to ensure compliance with health and safety laws. Competent persons must be given sufficient information, training and resources to enable them to do their job. The employer must devise procedures to deal with situations of serious or imminent danger. As part of these emergency procedures, they must nominate competent persons to take charge if evacuation is necessary. They must make sure that access to any danger areas is restricted to those workers who have received appropriate training. They must allow workers to stop work and proceed to a place of safety when faced with a serious or imminent danger. Save for exceptional cases, they must prevent workers from returning to work until the danger is over. They must inform workers exposed to serious or imminent danger of the hazards involved and procedures to follow. Where two or more employers share a workplace or where employees of one employer visit another’s workplace in the course of their work, the employers must co-operate to ensure that their own staff and others are protected. Similar duties apply where an employer hires agency labour from an employment service. The employer must provide comprehensive and relevant training to all employees on health and safety. They must also provide information to workers on the risks involved, the preventive and protective measures, the emergency procedures and the identity of competent persons responsible for health and safety or for evacuation procedures.

Statutory Framework for the Early Years Foundation Stage – Inrelation to health and safety

The safeguarding and welfare requirements
Introduction
3.1. Children learn best when they are healthy, safe and secure, when their individual needs are met, and when they have positive relationships with the adults caring for them. The safeguarding and welfare requirements, specified in this section, are designed to help providers create high quality settings which are welcoming, safe and stimulating, and where children are able to enjoy learning and grow in confidence.
3.2. Providers must take all necessary steps to keep children safe and well. The requirements in this section explain what early years providers must do to: safeguard children; ensure the suitability of adults who have contact with children; promote good health; manage behaviour; and maintain records, policies and procedures.
3.3. Schools are not required to have separate policies to cover EYFS requirements provided the requirements are already met through an existing policy. Where providers other than childminders are required to have policies and procedures as specified below, these policies and procedures should be recorded in writing. Childminders are not required to have written policies and procedures. However, they must be able to explain their policies and procedures to parents, carers, and others (for example Ofsted inspectors or the childminder agency with which they are registered) and ensure any assistants follow them.

Child protection
3.4. Providers must be alert to any issues for concern in the child’s life at home or elsewhere. Providers must have and implement a policy, and procedures, to safeguard children. These should be in line with the guidance and procedures of the relevant Local Safeguarding Children Board (LSCB). The safeguarding policy and procedures must include an explanation of the action to be taken in the event of an allegation being made against a member of staff, and cover the use of mobile phones and cameras in the setting.
3.5. A practitioner must be designated to take lead responsibility for safeguarding children in every setting. Childminders must take the lead responsibility themselves. The lead practitioner is responsible for liaison with local statutory children's services agencies, and with the LSCB. They must provide support, advice and guidance to any other staff on an ongoing basis, and on any specific safeguarding issue as required. The lead practitioner must attend a child protection training course11 that enables them to identify, understand and respond appropriately to signs of possible abuse and neglect (as described at paragraph 3.6).
3.6. Providers must train all staff to understand their safeguarding policy and procedures, and ensure that all staff have up to date knowledge of safeguarding issues. Training made available by the provider must enable staff to identify signs of possible abuse and neglect at the earliest opportunity, and to respond in a timely and appropriate way. These may include:
• _significant changes in children's behaviour;
• _deterioration in children’s general well-being;
• _unexplained bruising, marks or signs of possible abuse or neglect;
• _children’s comments which give cause for concern;
• _any reasons to suspect neglect or abuse outside the setting, for example in the child’s home; and/or
• _inappropriate behaviour displayed by other members of staff, or any other person working with the children. For example: inappropriate sexual comments; excessive one-to-one attention beyond the requirements of their usual role and responsibilities; or inappropriate sharing of images.
3.7. Providers must have regard to the Government's statutory guidance ‘Working Together to Safeguard Children 2013’. If providers have concerns about children's safety or welfare, they must notify agencies with statutory responsibilities without delay. This means the local children's social care services and, in emergencies, the police.
3.8. Registered providers must inform Ofsted or their childminder agency of any allegations of serious harm or abuse by any person living, working, or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere). Registered providers must also notify Ofsted or their childminder agency of the action taken in respect of the allegations. These notifications must be made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made. A registered provider who, without reasonable excuse, fails to comply with this requirement, commits an offence.
Suitable people
3.9. Providers must ensure that people looking after children are suitable to fulfil the requirements of their roles. Providers must have effective systems in place to ensure that practitioners, and any other person who is likely to have regular contact with children (including those living or working on the premises), are suitable
12.
3.10. Ofsted or the agency with which the childminder is registered is responsible for checking the suitability of childminders and of persons living or working on a childminder’s premises, including obtaining enhanced criminal records checks and barred list checks. Providers other than childminders must obtain an enhanced criminal records disclosure in respect of every person aged 16 and over who13:
• works directly with children;
• lives on the premises on which the childcare is provided; and/or
• works on the premises on which the childcare is provided (unless they do not work on the part of the premises where the childcare takes place, or do not work there at times when children are present).
3.11. Providers must tell staff that they are expected to disclose any convictions, cautions, court orders, reprimands and warnings that may affect their suitability to work with children (whether received before or during their employment at the setting). Providers must not allow people whose suitability has not been checked, including through a criminal records check, to have unsupervised contact with children being cared for.
3.12. Providers other than childminders must record information about staff qualifications and the identity checks and vetting processes that have been completed (including the criminal records disclosure reference number, the date a disclosure was obtained and details of who obtained it). For childminders the relevant information will be kept by Ofsted or the agency with which the childminder is registered.
3.13. Providers must also meet their responsibilities under the Safeguarding Vulnerable Groups Act 2006, which includes a duty to make a referral to the Disclosure and Barring Service where a member of staff is dismissed (or would have been, had the person not left the setting first) because they have harmed a child or put a child at risk of harm14.
Disqualification (all registered providers and employees in registered settings)
3.14. A registered provider or a childcare worker may be disqualified from registration15. In the event of the disqualification of a registered provider, the provider must not continue as an early years provider – nor be directly concerned in the management of such provision. Where a person is disqualified, the provider must not employ that person in connection with early years provision. Where an employer becomes aware of relevant information that may lead to disqualification of an employee, the provider must take appropriate action to ensure the safety of children.
3.15. A registered provider or a childcare worker may also be disqualified because they live in the same household as another person who is disqualified, or because they live in the same household where a disqualified person is employed.
3.16. A provider must notify Ofsted or the agency with which the childminder is registered of any significant event which is likely to affect the suitability of any person who is in regular contact with children on the premises where childcare is provided. The disqualification of an employee could be an instance of a significant event. If a registered person or childcare worker is disqualified they may, in some circumstances, be able to obtain a ‘waiver’ from Ofsted.
3.17. The provider must give Ofsted or the childminder agency with which they are registered, the following information about themselves or about any person who lives in the same household as the registered provider or who is employed in the household:
• _details of any order, determination, conviction, or other ground for disqualification from registration under regulations made under section 75 of the Childcare Act 2006;
• _the date of the order, determination or conviction, or the date when the other ground for disqualification arose;
• _the body or court which made the order, determination or conviction, and the sentence (if any) imposed; and
• _a certified copy of the relevant order (in relation to an order or conviction).
3.18. The information must be provided to Ofsted or the childminder agency with which they are registered as soon as reasonably practicable, but at the latest within 14 days of the date the provider became aware of the information or ought reasonably to have become aware of it if they had made reasonable enquiries.
Staff taking medication/other substances
3.19. Practitioners must not be under the influence of alcohol or any other substance which may affect their ability to care for children. If practitioners are taking medication which may affect their ability to care for children, those practitioners should seek medical advice. Providers must ensure that those practitioners only work directly with children if medical advice confirms that the medication is unlikely to impair that staff member’s ability to look after children properly. Staff medication on the premises must be securely stored, and out of reach of children, at all times.
Staff qualifications, training, support and skills
3.20. The daily experience of children in early years settings and the overall quality of provision depends on all practitioners having appropriate qualifications, training, skills and knowledge and a clear understanding of their roles and responsibilities. Providers must ensure that all staff receive induction training to help them understand their roles and responsibilities. Induction training must include information about emergency evacuation procedures, safeguarding, child protection, the provider’s equality policy, and health and safety issues. Providers must support staff to undertake appropriate training and professional development opportunities to ensure they offer quality learning and development experiences for children that continually improves.
3.21. Providers must put appropriate arrangements in place for the supervision of staff who have contact with children and families. Effective supervision provides support, coaching and training for the practitioner and promotes the interests of children. Supervision should foster a culture of mutual support, teamwork and continuous improvement, which encourages the confidential discussion of sensitive issues.
3.22. Supervision should provide opportunities for staff to:
• discuss any issues – particularly concerning children’s development or well-being;
• identify solutions to address issues as they arise; and
• receive coaching to improve their personal effectiveness.
3.23. In group settings, the manager must hold at least a full and relevant16 level 317 qualification and at least half of all other staff must hold at least a full and relevant level 2 qualification. The manager should have at least two years’ experience of working in an early years setting, or have at least two years’ other suitable experience. The provider must ensure there is a named deputy who, in their judgement, is capable and qualified to take charge in the manager’s absence.
3.30. The ratio and qualification requirements below apply to the total number of staff available to work directly with children19. For group settings providing overnight care, the relevant ratios continue to apply and at least one member of staff must be awake at all times. Exceptionally, and where the quality of care and safety and security of children is maintained, changes to the ratios may be made.
Early years providers (other than childminders)
3.31. For children aged under two:
• _there must be at least one member of staff for every three children;
• _at least one member of staff must hold a full and relevant level 3 qualification, and must be suitably experienced in working with children under two;
• _at least half of all other staff must hold a full and relevant level 2 qualification;
• _at least half of all staff must have received training that specifically addresses the care of babies; and
• _where there is an under two-year-olds’ room, the member of staff in charge of that room must, in the judgement of the provider, have suitable experience of working with under twos.
3.32. For children aged two:
• _there must be at least one member of staff for every four children;
• _at least one member of staff must hold a full and relevant level 3 qualification; and
• _at least half of all other staff must hold a full and relevant level 2 qualification.
3.33. For children aged three and over in registered early years provision where a person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification is working directly with the children20:
• _there must be at least one member of staff for every 13 children; and
• _at least one other member of staff must hold a full and relevant level 3 qualification.
3.34. For children aged three and over at any time in registered early years provision when a person with Qualified Teacher Status, Early Years Professional Status,
Early Years Teacher Status or another suitable level 6 qualification is not working directly with the children:
• _there must be at least one member of staff for every eight children;
• _at least one member of staff must hold a full and relevant level 3 qualification;
• _at least half of all other staff must hold a full and relevant level 2 qualification.
3.35. For children aged three and over in independent schools, where a person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification, an instructor21, or another suitably qualified overseas trained teacher, is working directly with the children:
• _for classes where the majority of children will reach the age of five or older within the school year, there must be at least one member of staff for every 30 children;
• _for all other classes there must be at least one member of staff for every 13 children; and
• _at least one other member of staff must hold a full and relevant level 3 qualification.
3.36. For children aged three and over in independent schools, where there is no person with Qualified Teacher Status, Early Years Professional Status, Early Years Teacher Status or another suitable level 6 qualification, no instructor, and no suitably qualified overseas trained teacher, working directly with the children:
• _there must be at least one member of staff for every eight children;
• _at least one member of staff must hold a full and relevant level 3 qualification; and
• _at least half of all other staff must hold a full and relevant level 2 qualification.
3.37. For children aged three and over in maintained nursery schools and nursery classes in maintained schools:
• _there must be at least one member of staff for every 13 children22;
• _at least one member of staff must be a school teacher as defined by section 122 of the Education Act 200223; and at least one other member of staff must hold a full and relevant level 3 qualification.
3.38. Reception classes in maintained schools are subject to infant class size legislation. The School Admissions (Infant Class Size) Regulations 2012 limit the size of infant classes to 30 pupils per school teacher24 while an ordinary teaching session is conducted. ‘School teachers’ do not include teaching assistants, higher level teaching assistants or other support staff. Consequently, in an ordinary teaching session, a school must employ sufficient school teachers to enable it to teach its infant classes in groups of no more than 30 per school teacher25.
3.39. Some schools may choose to mix their reception classes with groups of younger children, in which case they must determine ratios within mixed groups, guided by all relevant ratio requirements and by the needs of individual children within the group. In exercising this discretion, the school must comply with the statutory requirements relating to the education of children of compulsory school age and infant class sizes. Schools’ partner providers must meet the relevant ratio requirements for their provision.
Before/after school care and holiday provision
3.40. Where the provision is solely before/after school care or holiday provision for children who normally attend Reception class (or older) during the school day, there must be sufficient staff as for a class of 30 children. It is for providers to determine how many staff are needed to ensure the safety and welfare of children, bearing in mind the type(s) of activity and the age and needs of the children. It is also for providers to determine what qualifications, if any, the manager and/or staff should have. Providers do not need to meet the learning and development requirements in Section 1. However, practitioners should discuss with parents and/or carers (and other practitioners/providers as appropriate, including school staff/teachers) the support they intend to offer.
Childminders
3.41. At any one time, childminders may care for a maximum of six children under the age of eight26. Of these six children, a maximum of three may be young children, and there should only be one child under the age of one. A child is a young child up until 1st September following his or her fifth birthday. Any care provided for older. children must not adversely affect the care of children receiving early years provision.
3.42. If a childminder can demonstrate to parents and/or carers and Ofsted inspectors or their childminder agency that the individual needs of all the children are being met, exceptions to the usual ratios can be made when childminders are caring for sibling babies, or when caring for their own baby. If children aged four and five only attend the childminding setting before and/or after a normal school day, and/or during school holidays, they may be cared for at the same time as three other young children. But in all circumstances, the total number of children under the age of eight being cared for must not exceed six.
3.43. If a childminder employs an assistant or works with another childminder, each childminder (or assistant) may care for the number of children permitted by the ratios specified above27. Children may be left in the sole care of childminders’ assistants for two hours at most in a single day28. Childminders must obtain parents and/or carers’ permission to leave children with an assistant, including for very short periods of time. For childminders providing overnight care, the ratios continue to apply and the childminder must always be able to hear the children (this may be via a monitor).
Health
Medicines
3.44. The provider must promote the good health of children attending the setting. They must have a procedure, discussed with parents and/or carers, for responding to children who are ill or infectious, take necessary steps to prevent the spread of infection, and take appropriate action if children are ill.
3.45. Providers must have and implement a policy, and procedures, for administering medicines. It must include systems for obtaining information about a child’s needs for medicines, and for keeping this information up-to-date. Training must be provided for staff where the administration of medicine requires medical or technical knowledge. Medicines must not usually be administered unless they have been prescribed for a child by a doctor, dentist, nurse or pharmacist (medicines containing aspirin should only be given if prescribed by a doctor).
3.46. Medicine (both prescription and non-prescription) must only be administered to a child where written permission for that particular medicine has been obtained from the child’s parent and/or carer. Providers must keep a written record each time a medicine is administered to a child, and inform the child’s parents and/or carers on the same day, or as soon as reasonably practicable.
Food and drink
3.47. Where children are provided with meals, snacks and drinks, they must be healthy, balanced and nutritious. Before a child is admitted to the setting the provider must also obtain information about any special dietary requirements, preferences and food allergies that the child has, and any special health requirements. Fresh drinking water must be available and accessible at all times. Providers must record and act on information from parents and carers about a child's dietary needs.
3.48. There must be an area which is adequately equipped to provide healthy meals, snacks and drinks for children as necessary. There must be suitable facilities for the hygienic preparation of food for children, if necessary including suitable sterilisation equipment for babies’ food. Providers must be confident that those responsible for preparing and handling food are competent to do so. In group provision, all staff involved in preparing and handling food must receive training in food hygiene.
3.49. Registered providers must notify Ofsted or the childminder agency with which they are registered of any food poisoning affecting two or more children cared for on the premises. Notification must be made as soon as is reasonably practicable, but in any event within 14 days of the incident. A registered provider, who, without reasonable excuse, fails to comply with this requirement, commits an offence.
Accident or injury
3.50. Providers must ensure there is a first aid box accessible at all times with appropriate content for use with children. Providers must keep a written record of accidents or injuries and first aid treatment. Providers must inform parents and/or carers of any accident or injury sustained by the child on the same day, or as soon as reasonably practicable, of any first aid treatment given.
3.51. Registered providers must notify Ofsted or the childminder agency with which they are registered of any serious accident, illness or injury to, or death of, any child while in their care, and of the action taken. Notification must be made as soon as is reasonably practicable, but in any event within 14 days of the incident occurring. A registered provider, who, without reasonable excuse, fails to comply with this requirement, commits an offence. Providers must notify local child protection agencies of any serious accident or injury to, or the death of, any child while in their care, and must act on any advice from those agencies.
Managing behaviour
3.52. Providers are responsible for managing children’s behaviour in an appropriate way. Providers must not give corporal punishment to a child. Providers must take all reasonable steps to ensure that corporal punishment is not given by any person who cares for or is in regular contact with a child, or by any person living or working in the premises where care is provided. Any early years provider who fails to meet these requirements commits an offence. A person will not be taken to have used corporal punishment (and therefore will not have committed an offence), where physical intervention
29 was taken for the purposes of averting immediate danger of personal injury to any person (including the child) or to manage a child’s behaviour if absolutely necessary. Providers, including childminders, must keep a record of any occasion where physical intervention is used, and parents and/or carers must be informed on the same day, or as soon as reasonably practicable.
3.53. Providers must not threaten corporal punishment, and must not use or threaten any punishment which could adversely affect a child's well-being.
Safety and suitability of premises, environment and equipment
Safety
3.54. Providers must ensure that their premises, including overall floor space and outdoor spaces, are fit for purpose and suitable for the age of children cared for and the activities provided on the premises. Providers must comply with requirements of health and safety legislation (including fire safety and hygiene requirements).
3.55. Providers must take reasonable steps to ensure the safety of children, staff and others on the premises in the case of fire or any other emergency, and must have an emergency evacuation procedure. Providers must have appropriate fire detection and control equipment (for example, fire alarms, smoke detectors, fire blankets and/or fire extinguishers) which is in working order. Fire exits must be clearly identifiable, and fire doors must be free of obstruction and easily opened from the inside.
Smoking
3.56. Providers must not allow smoking in or on the premises when children are present or about to be present.
Premises
3.57. The premises and equipment must be organised in a way that meets the needs of children. In registered provision, providers must meet the following indoor space requirements30:
• Children under two years: 3.5 m2 per child.

Two year olds: 2.5 m2 per child.
• _Children aged three to five years: 2.3 m2 per child.
3.58. Providers must provide access to an outdoor play area or, if that is not possible, ensure that outdoor activities are planned and taken on a daily basis (unless circumstances make this inappropriate, for example unsafe weather conditions). Providers must follow their legal responsibilities under the Equality Act 2010 (for example, the provisions on reasonable adjustments).
3.59. Sleeping children must be frequently checked. Except in childminding settings, there should be a separate baby room for children under the age of two. However, providers must ensure that children in a baby room have contact with older children and are moved into the older age group when appropriate.
3.60. Providers must ensure there is an adequate number of toilets and hand basins available. Except in childminding settings, there should usually be separate toilet facilities for adults. Providers must ensure there are suitable hygienic changing facilities for changing any children who are in nappies and providers should ensure that an adequate supply of clean bedding, towels, spare clothes and any other necessary items is always available.
3.61. Providers must also ensure that there is an area where staff may talk to parents and/or carers confidentially, as well as an area in group settings for staff to take breaks away from areas being used by children.
3.62. Providers must only release children into the care of individuals who have been notified to the provider by the parent, and must ensure that children do not leave the premises unsupervised. Providers must take all reasonable steps to prevent unauthorised persons entering the premises, and have an agreed procedure for checking the identity of visitors. Providers must consider what additional measures are necessary when children stay overnight.
3.63. Providers must carry public liability insurance.
Risk assessment
3.64. Providers must ensure that they take all reasonable steps to ensure staff and children in their care are not exposed to risks and must be able to demonstrate how they are managing risks31. Providers must determine where it is helpful to make some written risk assessments in relation to specific issues, to inform staff practice, and to demonstrate how they are managing risks if asked by parents and/or carers or inspectors. Risk assessments should identify aspects of the environment that need to be checked on a regular basis, when and by whom those aspects will be checked, and how the risk will be removed or minimised.
Outings
3.65. Children must be kept safe while on outings. Providers must assess the risks or hazards which may arise for the children, and must identify the steps to be taken to remove, minimise and manage those risks and hazards. The assessment must include consideration of adult to child ratios. The risk assessment does not necessarily need to be in writing; this is for providers to judge.
3.66. Vehicles in which children are being transported, and the driver of those vehicles, must be adequately insured.
Special educational needs
3.67. Providers must have arrangements in place to support children with SEN or disabilities. Maintained nursery schools and other providers who are funded by the local authority to deliver early education places must have regard to the Special Educational Needs (SEN) Code of Practice32. Maintained nursery schools must identify a member of staff to act as Special Educational Needs Co-ordinator33 and other providers (in group provision) are expected to identify a SENCO.
Information and records
3.68. Providers must maintain records and obtain and share information (with parents and carers, other professionals working with the child, the police, social services and Ofsted or the childminder agency with which they are registered, as appropriate) to ensure the safe and efficient management of the setting, and to help ensure the needs of all children are met. Providers must enable a regular two-way flow of information with parents and/or carers, and between providers, if a child is attending more than one setting. If requested, providers should incorporate parents’ and/or carers’ comments into children’s records.
3.69. Records must be easily accessible and available (with prior agreement from Ofsted or the childminder agency with which they are registered, these may be kept securely off the premises). Confidential information and records about staff and children must be held securely and only accessible and available to those who have a right or professional need to see them. Providers must be aware of their responsibilities under the Data Protection Act (DPA) 1998 and where relevant the Freedom of Information Act 2000.
3.70. Providers must ensure that all staff understand the need to protect the privacy of the children in their care as well the legal requirements that exist to ensure that information relating to the child is handled in a way that ensures confidentiality.
Parents and/or carers must be given access to all records about their child, provided that no relevant exemptions apply to their disclosure under the DPA
34.
3.71. Records relating to individual children must be retained for a reasonable period of time after they have left the provision.
Information about the child
3.72. Providers must record the following information for each child in their care: full name; date of birth; name and address of every parent and/or carer who is known to the provider (and information about any other person who has parental responsibility for the child); which parent(s) and/or carer(s) the child normally lives with; and emergency contact details for parents and/or carers.
Information for parents and carers
3.73. Providers must make the following information available to parents and/or carers:
• how the EYFS is being delivered in the setting, and how parents and/or carers can access more information;
• the range and type of activities and experiences provided for children, the daily routines of the setting, and how parents and carers can share learning at home;
• how the setting supports children with special educational needs and disabilities;
• food and drinks provided for children;
• details of the provider's policies and procedures (all providers except childminders must make copies available on request) including the procedure to be followed in the event of a parent and/or carer failing to collect a child at the appointed time, or in the event of a child going missing at, or away from, the setting; and
• staffing in the setting; the name of their child’s key person and their role; and a telephone number for parents and/or carers to contact in an emergency.
Complaints
3.74. Providers must put in place a written procedure for dealing with concerns and complaints from parents and/or carers, and must keep a written record of any complaints, and their outcome. Childminders are not required to have a written procedure for handling complaints, but they must keep a record of any complaints they receive and their outcome. All providers must investigate written complaints relating to their fulfillment of the EYFS requirements and notify complainants of the outcome of the investigation within 28 days of having received the complaint. The record of complaints must be made available to Ofsted or the relevant childminder agency on request.
3.75. Providers must make available to parents and/or carers details about how to contact Ofsted or the childminder agency with which the provider is registered as appropriate, if they believe the provider is not meeting the EYFS requirements. If providers become aware that they are to be inspected by Ofsted or have a quality assurance visit by the childminder agency, they must notify parents and/or carers. After an inspection by Ofsted or a quality assurance visit by their childminder agency, providers must supply a copy of the report to parents and/or carers of children attending on a regular basis.
Information about the provider
3.76. Providers must hold the following documentation:
• _name, home address and telephone number of the provider and any other person living or employed on the premises (this requirement does not apply to childminders);
• _name, home address and telephone number of anyone else who will regularly be in unsupervised contact with the children attending the early years provision;
• _a daily record of the names of the children being cared for on the premises, their hours of attendance and the names of each child's key person; and
• _their certificate of registration (which must be displayed at the setting and shown to parents and/or carers on request).
Changes that must be notified to Ofsted or the relevant childminder agency
3.77. All registered early years providers must notify Ofsted or the childminder agency with which they are registered of:
• _any change in the address of the premises; to the premises which may affect the space available to children and the quality of childcare available to them; in the name or address of the provider, or the provider’s other contact information; to the person who is managing the early years provision; or in the persons aged 16 years or older living or working on childminding premises;35 any proposal to change the hours during which childcare is provided; or to provide overnight care;
• _any significant event which is likely to affect the suitability of the early years provider or any person who cares for, or is in regular contact with, children on the premises to look after children;
• _where the early years provision is provided by a company, any change in the name or registered number of the company;
• _where the early years provision is provided by a charity, any change in the name or registration number of the charity;
• _where the childcare is provided by a partnership, body corporate or unincorporated association, any change to the 'nominated individual'; and
• _where the childcare is provided by a partnership, body corporate or unincorporated association whose sole or main purpose is the provision of childcare, any change to the individuals who are partners in, or a director, secretary or other officer or members of its governing body.
3.78. Where providers are required to notify Ofsted or their childminder agency about a change of person except for managers, as specified in paragraph 3.76 above, providers must give Ofsted or their childminder agency the new person's name, any former names or aliases, date of birth, and home address. If there is a change of manager, providers must notify Ofsted or their childminder agency that a new manager has been appointed. Where it is reasonably practicable to do so, notification must be made in advance. In other cases, notification must be made as soon as is reasonably practicable, but always within 14 days. A registered provider who, without reasonable excuse, fails to comply with these requirements commits an offence.