National Minimum Standards for Regulated Day Care - Open Access Play for children aged 5 years to 12 years: statutory guidance - Audience and overview
Standards of care open access play providers must meet to look after children age 5 years to 12 years.
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Standard 19: Safety
Child’s Voice: Staff check the space so I can explore, take risks, and play without unnecessary dangers.
Well-being Outcome: Children are cared for and have their needs met in a safe environment using a risk benefit approach to maximise independence and play value.
The registered person is responsible for ensuring that:
Promoting Safety and Managing Risks
19.1 Safety is promoted within the setting and on outings, and proper precautions are taken to prevent accidents.
19.2 Hazards to children on the premises, both inside and outside, are kept to a minimum. Health and safety regulations are complied with, and staff are trained to understand health and safety requirements for the environment in which they work.
19.3 A risk assessment of the premises is in place and is reviewed at least annually, and if there are any changes to the premises or the needs of the children. An action plan with timescales identifies action to be taken to minimise identified risks in the risk assessment.
19.4 Risk management of individual activities, the play space and play opportunities balances risk of harm against the benefits for the child, for example, in extending their knowledge of the world, developing skills and physical or emotional well-being. There is a system in place for managing risks linked to ponds, drains, pools or any natural water, so that they are made safe for children.
19.5 Children are supervised at all times, and extra care if taken during activities which may carry some level of danger.
19.6 There is a system for managing access to the premises and a record of visitors kept.
19.7 Any door fitted with glass has safety glass or is covered with protective plastic film.
19.8 There are no poisonous or hazardous plants indoors where open access play is delivered. Poisonous or hazardous outdoor plants should be inaccessible to children.
19.9 Adequate public liability insurance for the provision is in place.
19.10 When operating in a public parks or other public areas, children are not at risk from embers of the public and are protected from unwanted attention.
Fire Risk
19.11 There is a comprehensive and up to date fire risk assessment for the premises, conducted by a competent person, (a person who has the relevant skills and experience to carry out a fire risk assessment for the premises concerned) see Choosing a competent fire risk assessor. The assessment is reviewed at least every year and conducted afresh if it is out of date, or following any changes to the premises or the needs of children which might materially alter the risk of fire.
19.12 Adequate precautions are taken against the risk of fire, and any recommendations made the Fires and Rescue Service are complied with.
19.13 For non-domestic premises all providers comply with the Regulatory Reform (Fire Safety) Order 2005 and accompanying Statutory guidance. Fire safety statutory guidance for small non-domestic premises safe can be found at: A guide to making your small non-domestic premises safe from fire.
19.14 Where required by relevant legislation, gas, electrical, oil or solid fuel burning appliances and fittings, including central heating systems and fires are regularly checked and serviced by an approved technician. Such appliances must conform to safety requirements, are to be appropriately guarded and must not cause a hazard to children. Appropriate certification must be kept and be available for inspection by Care Inspection Wales.
19.15 There are clearly defined procedures, known to all staff, for emergency evacuation of any premises and which include appropriate provision for evacuating disabled staff or children. Fire drills are carried out at least every 6 months, recognising that children benefit from more frequent practice. Records are kept, are kept in a fire logbook for inspection by the Fire and Rescue Service, and safety certificated are obtained as required.
19.16 There are suitable means of escape for staff and children from all floors including disabled staff and children.
19.17 Fire doors are neither obstructed nor propped open; and fire exits are clearly identified and easily opened from the inside without a key, and lead to an outdoor place of safety accessible to the emergency services.
19.18 Smoke or heat alarms which conform to BS 5839 are provided as necessary. This includes at least one working smoke or heat alarm on each floor, in the main circulation area (i.e. hallway or landing). A carbon monoxide alarm is also installed in every room containing an appliance burning gas, oil or solid fuel. These are checked to the frequency specified by the manufacturer and kept in working order.
19.19 If there is a kitchen on the premises used to cook food, it is only so used by staff who do not have simultaneous responsibility for providing care. If children are allowed in the kitchen, they are supervised by staff who do not have simultaneous responsibility for cooking food.
19.20When services are out and about in community and undertaking fire activities, they are required to have means to put the fire out.
19.21 Smoking is not permitted anywhere inside the premises, in the designated outdoor play area(s), or in any area where open access play takes place. Any smoking materials and vapes must be kept out of reach of children at all times.
Transportation
19.22 There is a procedure for safe conduct of any outings. Records are kept about vehicles in which children are transported, including insurance details and a list of named drivers.
19.23 Drivers using their own transport have valid driving and vehicle licences, the appropriate insurance cover and where required a current MOT certificate.
19.24 Care seats appropriate to the age, weight or height of the child should be used when transporting children.
To assist providers, the principal regulatory requirements underpinning this standard are outlined below, followed by relevant guidance. Providers should note that neither list is exhaustive, and that providers must have regard to all standards relevant to their service and the circumstances concerned.
Related Regulations
Further Guidance and Support
Statutory Guidance in support of the Toys (Safety) Regulations 2011 - GOV.UK
Developing and managing play spaces
Choosing a competent fire risk assessor
Managing Risks and Risk Assessment at work – Health and Safety Executive
Managing Risk in Play Provision: A Position Statement
Managing Risk in Play Provision: Implementation Guide
Risk Benefit Assessment Form - Blank
Risk Benefit Assessment Form - Worked Example
Weighing up risks and benefits in children's play
RoSPA- The Royal Society for the Prevention of Accidents
What are the Legal Requirements for Health and Safety in Early Years Settings? – Care Learning