Exceptions to childcare registration and the proposal for a Voluntary Approval Scheme

Number: WG51607

Date of issue: 11 August 2025 

Action required: Responses by 3 November 2025

This consultation is seeking your views on: 

• The changes proposed to circumstances where providers are not required to register as a child minder or day care provider.
• The proposed development of a Voluntary Approval Scheme for Childcare, Playwork and Activity Providers who are exempt [1] from registration
• The impact changes to the exceptions and the development of a Voluntary Approval Scheme would have on a range of factors including the Welsh Language. 

Once the consultation phase concludes, responses will be analysed and advice will be provided to Welsh Government Ministers. Further consultation and/or engagement will take place if appropriate.

How to respond

Submit your response by 3 November 2025 in any of the following ways: 

• Complete our online form
• Download our response form, complete and email it to: Childcareandplayworkconsultation@gov.wales
• Download our response form, complete and post to:

The Exceptions Order and Voluntary Approval Scheme
Early Years, Childcare and Play Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Further information and related documents

Large print, Braille and alternative language versions of this document are available on request.

Contact details

For further information:

The Exceptions Order and Voluntary Approval Scheme
Early Years, Childcare and Play Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Email: Childcareandplayworkconsultation@gov.wales

This document is also available in Welsh: Eithriadau o ran cofrestru gofal plant a'r cynnig ar gyfer Cynllun Cymeradwyo Gwirfoddol [HTML] | LLYW.CYMRU

UK General Data Protection Regulation (UK GDPR)

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In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing.

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Your rights

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
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• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer:
Welsh Government
Cathays Park
CARDIFF
CF10 3NQ

e-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are: 

Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Tel: 0303 123 1113

Website: https://ico.org.uk 

The Child Minding and Day Care Exceptions (Wales) Order 2010, (‘the 2010 Exceptions Order’), sets out the circumstances where registration as a child minder [2] or day care provider [3] is not required. Being exempt from registration means that these providers do not need to register with Care Inspectorate Wales (CIW) or comply with the Child Minding and Day Care Regulations 2010, or have regard to the National Minimum Standards for Regulated Childcare for children up to the age of 12 years. It provides a distinction between providers that are required to register and those that are not.

The Welsh Government are undertaking a review of the exceptions which aims to ensure that the exceptions to registration as a child minder or day care provider are proportionate.

In reviewing the existing exceptions set out in the 2010 Exceptions Order, stakeholders have identified the possible need for a voluntary registration or approval scheme. In response, the Welsh Government has developed a proposal for a Voluntary Approval Scheme for Childcare, Playwork and Activity Providers, (‘the Voluntary Approval Scheme’), that would be available to providers that are exempt from registration as child minders or day care providers.

Between Spring 2024 and Summer 2025, the Welsh Government undertook extensive engagement work. This was to better understand the registered and unregistered sectors and the impact potential changes may have on a wide range of stakeholders. The Welsh Government has engaged with approximately 400 participants including children, parents or carers, the registered and unregistered parts of the sector. In June 2024, the Welsh Government established an Advisory Group[4] to guide the policy development work. 

Informed by stakeholder engagement and guided by the Advisory Group, the Welsh Government is seeking the public’s views on proposed changes to the existing exceptions to registration, and the development of a Voluntary Approval Scheme. The Welsh Government is particularly interested in hearing from those most affected by potential changes—such as children, families, providers (both registered and unregistered), and representative organisations. 

The consultation has three parts that the Welsh Government encourages respondents to complete. However, responses to just Part A and C or Part B and C are still welcome. 

Part A of this consultation is seeking the public’s views on some fundamental questions regarding the circumstances where providers should not be required to register as a child minder or day care provider. 

Part B of this consultation is seeking the public’s view about whether a Voluntary Approval Scheme for Childcare, Playwork and Activity Providers should be further developed and if so, what the core principles and features should be. 

Part C of this consultation is seeking the public’s view about the regulatory and integrated impact assessments and the potential impact proposed changes may have on a range of factors including the Welsh Language. 

All of this work is underpinned by the United Nations Convention on the Rights of the Child.

When providing your views and feedback, please refer to the documents below for further information:

• Draft Child Minding and Day Care Exceptions (Wales) Order 2026- this sets out the proposed exceptions to what constitutes “child minding” and “day care for children”.
• Integrated Impact Assessments (IIA) – these provide an analysis of the impact of the proposed changes to the exceptions and proposed Voluntary Approval Scheme in terms of social, economic, cultural and environmental aspects.
• Draft Regulated Impact Assessment (RIA) - this provides an analysis of cost, benefits and risks as a result of regulatory changes to the exceptions.

Safeguarding children and young people is of paramount importance. Working together to safeguard people: Code of Safeguarding Practice (the Code) applies to all providers including those who provide childcare, playwork and activities whether they are registered or unregistered. The expectation from the Welsh Government is that all providers have core safeguarding systems in place such as those suggested within the Code, to safeguard children and young people. 

The Welsh Government is currently undertaking a review of the ‘Working together to safeguard people: Code of Safeguarding Practice’ and will be considering any changes to the exceptions or the development of a Voluntary Approval Scheme in line with the review of the Code. Engagement with stakeholders has begun via a survey to consider the Code and to gain further information about what the Welsh Government can do to strengthen safeguarding systems in all provisions.

Part A outlines the reasons for the review of the exceptions and what being registered by Care Inspectorate Wales (CIW) means. It explains the proposed changes to the exceptions and how they might work, followed by questions for consultation.

Reason for the review of the exceptions 

Being exempt means a provider is not required to register with CIW as a child minder or day care provider. The Welsh Government are reviewing the exceptions, following recommendations to undertake a consultation in the following reports: 

• Call for Evidence regarding the 2010 Exceptions Order (2019),
• Minding the future: The childcare barrier facing working parents (2022), and
• The Ministerial Review of Play (2023) 

These reports outline concerns relating to the 2010 Exceptions Order being difficult to understand, having a negative impact on registered providers and the relationship between the 2010 Exceptions Order and safeguarding arrangements for unregistered providers. 

The aims of the review of the exceptions are to:

• Ensure childcare options are child-centred and foster the rights of children to play, relax, learn and join groups and organisations that meet their needs and interest.
• Ensure that the exceptions in place are proportionate and exempt those that don’t need to register with CIW.
• Promote robust safety measures for children across all childcare, playwork and activity settings which will support children to be safe and properly cared for.
• Support affordable, accessible, and flexible childcare, playwork and activities for families to meet various needs, interests and demands across Wales. Any changes to the exceptions must not reduce available or affordable childcare, play or activities.
• Simplify the 2010 Exceptions Order for clarity and consistency in interpretation.

We recognise the valuable and wide-ranging support registered and unregistered providers offer children and families across Wales. There is a need for us to strike a balance and we do not want to diminish the range of activities available to children and families in Wales that promote their welfare and enrich their lives. The aim of the review of the exceptions is not to register all providers that offer childcare, playwork and activities for children. 

Care Inspectorate Wales registration 

Being registered with Care Inspectorate Wales (CIW) as a child minder or day care provider, involves meeting legal requirements to ensure the safety and well-being of children. This includes submitting an application with relevant details and documentation, meeting qualification requirements and undergoing background checks (DBS) for all staff and household members aged 16 or over (for child minders only). They must have regard to the National Minimum Standards for regulated childcare and ensure ongoing compliance with the Child Minding and Day Care (Wales) Regulations 2010. This includes for example: having a safe and secure environment, appropriate staff-to-child ratios, and undertaking suitable training. Providers are also inspected to monitor the quality of care and need to adhere to ongoing responsibilities, such as maintaining standards and notifying CIW of significant changes. When providers are registered, generally their details are published on a public register where their inspection report can be found. 

The proposed changes to the exceptions and how they would work

An initial review of the 2010 Exceptions Order assessed all existing articles and identified several that may need changes. 

This section outlines the articles from the 2010 Exceptions Order which we propose need changing, explains the proposed changes and how they might work, and then presents questions for public consultation. 

The proposed changes are set out in the draft Child Minding and Day Care Exceptions (Wales) Order 2026 (the ‘2026 draft Exceptions Order’) which would, if made, replace the 2010 Exceptions Order. 

Parents, foster carers, relatives and household members

• Article 3 currently means that a person does not act as a child minder where the care provider is a parent, foster parent, or relative of the child.

The purpose of this article was to ensure that relatives can take care of related children without the need to register as child minders. 

At present there is some disparity between this article and practice guidance by the Childcare Offer for Wales and CIW. The changes we propose to this article will mean there is alignment between policies and practice. 

We believe that parents or those with parental responsibility for the child, foster parents for the child, relatives [5] or any person living in the same home as the child, should be exempt from being required to register as a child minder.

However, the Welsh Government proposes that relatives or persons living in the same home as the child should be able to act as registered child minders for related children or children they live with, provided that all of the following conditions are met:

• They are not the child’s parents and do not have parental responsibility for the child,
• They are not the child’s foster carer,
• The care does not take place at the child’s home, and
• The care is available and on offer to non-related children. 

Question 1: 

Do you agree or disagree that a person should not act as a child minder if they are: a parent, or have parental responsibility for the child; a foster parent for the child; a relative; or person living at the same home as the child?

Question 2: 

Do you agree or disagree that relatives or a person living at the same home as the child should be permitted to act as registered child minders for related children or children they live with, provided that all of the following conditions are met:

• They are not the child’s parents and do not have parental responsibility,
• They are not the child’s foster carer,
• The care does not take place at the child’s home, and
• The care is available and on offer to non-related children. 

Nannies, au pairs and babysitters

• Article 5 currently means a person does not act as a child minder where care is provided by a person employed directly by the parents of up to two families (such as a nanny or au pair) and the care is provided in the home of either of the families.
• Article 6 currently means a person does not act as a child minder where the care is provided only between 6pm on any one day and finishes by 2am the following day.
• Article 13 currently means a person does not provide day care where the care only takes place between the hours of 6pm and 2am, is provided at a hotel, guest house, or other similar establishment for a child staying there, and the person providing the care does so for no more than two different clients at the same time.

These 3 articles are being reviewed together. The purposes of articles 6 and 13 are to exempt babysitters [6] from the need to register as child minders or day care providers. The hours of 6pm-2am were thought to be typical operating hours of babysitters and the inclusion of these articles sought to ensure babysitters did not need to register with CIW. In selecting a babysitter and making a judgement about suitability, a parent or guardian is exercising their parental choice. The purpose of article 5 is to exempt nannies [7] and au pairs [8] from the need to register as child minders. 

We would like to align the exceptions in relation to nannies and au pairs with babysitters so that all these providers operate under similar expectations and circumstances before being required to register. We would also like to create a greater distinction between babysitters and child minders. 

We would like families to be able to make flexible arrangements for ad hoc babysitting with those they consider suitable – this may happen in the child’s home or in a non-domestic premises of the parents’ choice.

To achieve this, we propose removing the time limit of 6pm-2am for babysitters. We would like to set a limit of 2 to the number of families a babysitter could care for at once. We propose to specify that the care is provided in the home of either of those 2 families or on non-domestic premises (which could include a hotel or guest house) of the parents’ choice. We propose that the care arrangements are made between the parents and the babysitter, in the same way parents make arrangements with other kinds of home childcare providers, namely nannies and au pairs.

As long as babysitters operate in accordance with these proposed stipulations, these changes will not mean babysitters have to register as child minders or day care providers. These proposed changes mean that care cannot take place at the babysitter’s home for longer than 2 hours without the requirement to register as a child minder. 

Question 3:

Do you agree or disagree with the proposed changes to the exceptions relating to babysitters, nannies and au pairs:

• Aligning exceptions in relation to nannies, au pairs and babysitters
• Removing the time limit of 6pm-2am for babysitters
• Limiting the number of families a babysitter can care for at once to 2 families
• Stipulating that the care arrangements should be made between the provider and the parents of either family
• For care on domestic premises, specify that the care is to be wholly or mainly provided in the home of either of the 2 families
• For non-domestic premises, stipulating that the care takes place on a non-domestic premises (which could include for example: a hotel or guest house) of the parents’ choice

Youth services

• Article 16 currently means a person does not provide day care where the service provided is a youth service for young persons who have attained the age of 11, and any care provided is incidental to the provision of that youth service.

The purpose of this article is to avoid youth service provision designed for young people aged 11 and above from needing to register as day care providers. 

We continue to believe youth services should not need to register as day care providers however, we would like to amend the age caveat from 11 to 10 to allow for transitional youth services [9] provision to take place without needing to register as day care. This would therefore increase access for 10 year olds to youth services aimed at providing educational, personal and social support to a child during their transition from primary to secondary education.

Question 4: 

Do you agree or disagree that a provider should not be required to register as a day care provider if they provide youth services to young people aged 10 and over and where provision for 10 year olds is aimed at supporting them with transitions from primary to secondary education along with personal, social, and educational needs?

Coaching and tuition

• Article 15 currently means a person does not provide day care where the person is providing coaching or tuition in any of the following activities: Sport, Performing arts; Arts and crafts; School study or homework support; or Religious or cultural study. This exception does not apply where the children are below the age of 5 and attend for more than four hours a day, or the person offers coaching or tuition in more than two of the above activity types.

The purpose of this article is to prevent activities focussed on coaching or tuition from needing to register as day care providers, where any care given is incidental to the core activity of coaching or tuition. We do not believe that coaching and tuition activities need to be registered as day care and they should remain exempt.

Our engagement with stakeholders has told us that it is unlikely children aged 4 or under can focus on a coaching or tuition activity for up to 4 hours. Given their stage of development and care needs, it is unlikely that the care they require could be considered incidental to the coaching or tuition over this duration of time. 

We are proposing that if a child aged 4 or under attends a coaching or tuition provision without their parent or carer for more than 2 hours in a day, the provider should register as a day care provider. Providers can offer multiple sessions, but each child aged 4 and under can only attend up to 2 hours per day, unless their parent is with them. This rule would not apply to children aged 5 and over, who can attend for an unspecified period of time.

Question 5:

We propose that the coaching and tuition exemption should not apply if children aged 4 or under attend the provision for more than 2 hours in any one day. This proposal only relates to coaching and tuition where parents are not present. Children aged 5 and over would still be able to attend for an unspecified period of time.

Do you agree or disagree that:

• 2 hours is the appropriate duration of time that children aged 4 and under should be able to attend coaching and tuition activities without their parents and without the provider being required to register as a day care provider?
• Age 4 and under is the appropriate age range that children should be treated separately in relation to the coaching and tuition exemption?

Providers can currently offer two types of activities without the need to register. However, the Welsh Governments’ engagement work suggests that offering more than one type weakens the focus on coaching and tuition, making it more like day care. We are proposing that coaching and tuition providers should be limited to offering only one type of activity — for example, sports or religious study, but not both. Providers could still offer a variety of activities within that single type (e.g. a number of different sports) without needing to register as day care providers. However, offering more than one type — such as sports and religious studies — would require registration. This aims to clarify the boundary between childcare and playwork, and coaching or tuition.

We believe the categories of activity types should be amended from sport, performing arts, arts and crafts, school study or homework support and religious or cultural study to:

(a) sport;

(b) expressive and creative arts;

(c) educational support – including languages, literacy & communication, humanities, science & technology, mathematics & numeracy; health and well-being;

(d) religious or cultural study.

The Welsh Government recognises that it's not practical to list every possible type of coaching or tuition activity within the exceptions. Therefore, the Welsh Government proposes to issue practice guidance to support with the understanding of when a provision qualifies as an exception or whether the provider would need to register as a day care provider.

Question 6: 

Do you agree or disagree with our proposal to amend the categories of coaching and tuition within the exceptions order to the following:

(a) sport;

(b) expressive and creative arts;

(c) educational support – including languages, literacy & communication, humanities, science & technology, mathematics & numeracy; health and well-being;

(d) religious or cultural study?

Question 7:

Do you agree or disagree that a provider should register as a day care provider if they offer coaching and tuition in more than one of the types of activity?

Schools where the care is incidental to education

• Article 14 currently means that a person does not provide day care if the care is provided at a school and is incidental to the provision of education (where ‘school’ means a maintained school within the meaning of section 39 of the Education Act 2002, an independent school; or a school approved by the Welsh Ministers under section 342 of the Education Act 1996 (approval of non- maintained special schools)).

The purpose of this article is to exempt schools from needing to become registered as day care providers. We do not think this article should apply to children aged 2 and under as their care needs are likely to be significant and it is unlikely that any care they receive is incidental to education. We consider that children aged 2 and under require dedicated day care provision rather than a formal education at a school. This is because children aged 2 and under would require care routines such as nappy changes or support with toileting, nap times and support with eating which should not reasonably be considered or provided as care incidental to education. We propose to add an age caveat to this exception which will mean it will only apply to children aged 3 and older, so if a school has a child aged 2 or younger in attendance, that provision within the school would need to register as a day care provider.

Question 8:

Do you agree or disagree that if children aged 2 and under attend a school as pupils, the part of the school with children aged 2 and under in attendance should be required to register as a day care provider?

Registered services that are suspended by enforcement

• Articles 4 and 10 currently mean that a person does not act as a child minder or provide day care if the total period of care in any one day does not exceed two hours.

At the moment, if a child minder or day care provider who is registered with CIW is suspended by CIW as part of its enforcement activity, then they can continue to provide their provision for 2 hours or less per day by operating under these exceptions. 

Suspensions can happen for many reasons such as not complying with regulatory requirements or for operating on unsuitable premises. CIW can suspend providers when there are safeguarding concerns and when they have reasonable cause to believe that the continued provision of care exposes, or could expose, children to the risk of harm, and suspension is needed to allow time for investigations to be carried out or for steps to be taken to reduce or eliminate the risk of harm.

We propose that if a registered provider is suspended by enforcement, that the exceptions relating to care for 2 hours or less do not apply and therefore the provider would not be able to operate under these exceptions for the duration of the suspension. 

Question 9:

Do you agree or disagree that if a registered child minder or day care provider is suspended by enforcement, that they should not be able to use the exceptions to operate their provision for 2 hours or less a day for the period of suspension?

Children aged 2 and under

• Articles 4 and 10 currently mean that a person does not act as a child minder or provide day care if the total period of care in any one day does not exceed two hours.
• Article 9 currently means it is not day care if the care is provided on fewer than six days in any calendar year and the person has notified CIW in writing before the first occasion on which the relevant premises are used in that year.
• Article 15 currently means a person does not provide day care where the person is providing coaching or tuition in any of the following activities: Sport, Performing arts; Arts and crafts; School study or homework support; or Religious or cultural study. This exclusion does not apply where the children are below the age of 5 and attend for more than four hours a day, or the person offers coaching or tuition in more than two of the above activity types.

The Welsh Government is considering imposing further limits on these exceptions - to apply to children aged 3 and over only. This is being considered due to the higher care needs of younger children. This would mean that childcare, playwork and activities for children aged 2 and under, where the parent is not present, would be required to register with CIW. Provision could however be built into relevant exceptions so that there would not be the requirement to register if parents stay on the premises [10] which sometimes happens for services offering wellness or learning for parents. 

Changes to exceptions under article 15, coaching and tuition, are discussed earlier in this consultation. If there is support for the proposal that all child minding and day care for children aged 2 and under (including coaching and tuition) even for less than 2 hours, should require registration, this will be considered alongside responses to the proposed change around exceptions for coaching and tuition for children aged 4 and under. This means that if both proposals are adopted, coaching and tuition providers would need to register if they care for children aged 2 and under without a parent present, while children aged 3 and 4 could attend such provision for up to 2 hours without a parent. The interplay of responses will be analysed carefully. 

Although these proposals are not featured in the 2026 Draft Exceptions Order, the Welsh Government would like to seek the public’s view in relation to these possible changes. While this change could enhance oversight and quality assurance, it may also introduce new challenges for some providers. These additional changes would present particular risks and benefits.

Potential Risks 

• Requiring registration for providers caring for children aged 2 and under may reduce the availability of such services. Some providers could adjust to serving only older children to avoid registration, while others might close if unable to meet regulatory requirements. This could limit options for children aged 2 and under, limiting social and developmental opportunities which could potentially impact on child and family well-being.
• Requiring registration may increase operating costs for providers, which could be passed on to families. As a result, childcare and activities for children aged 2 and under might become less affordable and harder to access.
• Fewer new providers may enter the sector for children aged 2 and under, as they would lose the flexibility to test the market before registering, potentially limiting innovation and growth for this age range.
• The proposed changes may unintentionally complicate the exceptions concerned by adding multiple sub-paragraphs tied to age and location, making enforcement harder and potentially working against the aim of simplifying the system.

Potential Benefit

• Although there is no research or strong evidence base to show that registered settings are safer than unregistered ones, many stakeholders view registration as a way to enhance quality and safety.
• Due to the greater care needs of children aged 2 and under, requiring registration for providers providing services to this age-range — along with regulation and inspections — could offer more oversight to ensure their well-being and safety which could be considered proportionate to their needs.
• Requiring childcare settings for children aged 2 and under to become registered could possibly lead to them operating for longer durations as they would no longer be limited to 2 hours a day or 5 days a calendar year.
• Registered providers may gain access to deliver funded programs such as the Childcare Offer for Wales and/or Flying Start, if eligible.
• Registration may enable eligible families to utilise Tax-Free Childcare, and Universal Credit Childcare schemes, depending on operational hours.

Question 10:

Do you agree or disagree that all providers offering child minding, day care or coaching and tuition activities for children aged 2 and under, where the parent is not present, should be required to register with CIW, even if the care is for 2 hours or less a day or 5 days or fewer a year?

Question 11:

Do you agree or disagree that providers offering child minding, day care or coaching and tuition for children aged 2 and under, when parents remain on the premises (but not present during the session) should not be required to register, even if the care is for 2 hours or less or 5 days or fewer a year?

Other

There are consequential changes included in the 2026 Draft Exceptions Order, including updates to reflect current practice, policy, and guidance, as well as changes to formatting and redrafting. However, these are considered to be of lesser significance than the key changes outlined above. 

The 2026 Draft Exceptions Order also details transitional arrangements for changes made to the exceptions. These transitional arrangements are intended to provide clear parameters within which providers who could be drawn into registration can apply for registration, and enforcement arrangements during that time.It is proposed that providers drawn into the requirement to register as a result of the 2026 Draft Exceptions Order being made would be allowed a full year to register from the date upon which the new Order came into force. 

Question 12:

Would you like to make any further comment on the content of the Draft Child Minding and Day Care Exceptions (Wales) Order 2026?

Part B outlines the reasons the proposal for a Voluntary Approval Scheme is being considered and how it could work. It then sets out its core features and principles of the Voluntary Approval Scheme followed by questions for consultation.

Rationale for developing the proposed Voluntary Approval Scheme 

The review of the exceptions has explored the need for a voluntary or light-touch register or approval scheme for unregistered child minders or day care providers. Stakeholders typically reported that the desired benefits of this would be: 

• a basic level of safety checks as reassurance;
• greater access to Tax-Free Childcare for families;
• allowing providers who are exempt to register/seek approval out of their choice; and,
• a more proportionate approach to registration. 

The Welsh Government has worked with stakeholders to develop the concept of a Voluntary Approval Scheme for Childcare, Playwork and Activity Providers which could potentially best meet these needs. It is proposed that the scheme would be developed under section 60 of the Government of Wales Act 2006.

Tax-Free Childcare and Universal Credit Childcare

In England, some childcare, playwork and activity providers don’t have to register by law but they can choose to register on the voluntary part of the childcare register. If they do, eligible parents may be able to use government help like Tax-Free Childcare or Universal Credit Childcare [11] to pay voluntarily registered providers.

In Wales, similarly to England, some childcare, playwork and activity providers don’t have to register. But unlike England, there is no voluntary register or approval scheme that the same range of providers can join in Wales. This means eligible families living in Wales can’t use Tax-Free Childcare or Universal Childcare Credit for as many providers as families living in England, which may limit their options, opportunities and put them at a financial disadvantage. 

Wales has already introduced the Approval of Home Childcare Providers (Wales) Scheme 2021, which is a voluntary scheme for approving nannies and au pairs who meet certain basic criteria. If the home childcare provider is approved, eligible families can use Universal Credit Childcare or Tax-Free Childcare to help cover the cost. Creating a Voluntary Approval Scheme for more types of unregistered providers in Wales could let eligible families use Tax-Free Childcare and Universal Credit Childcare to help pay for a wider variety of providers.

Basic safety checks

Joining a Voluntary Approval Scheme could help childcare, playwork and activity providers build trust in the provision and improve their reputation. The scheme would include basic safety and safeguarding requirements that aren’t too costly or time-consuming. It could provide a means of letting providers show they meet basic requirements which may provide a level of reassurance to parents about their choice of provider. 

Better understanding and provide support to the unregistered sector

Creating a Voluntary Approval Scheme could help Local Authorities better understand and have more knowledge about unregistered childcare and playwork providers in their area. This would support their duties to report on childcare and play sufficiency and help ensure families' diverse needs are being met. Being known to the Local Authority could enable approved providers to receive support, information, advertisement and guidance from the Local Authority should they wish.

How the proposed Voluntary Approval Scheme could work

The proposed Voluntary Approval Scheme would be a voluntary option for providers who aren’t required, by law, to register as child minders or day care providers but who want to seek approval under a scheme if they meet the approval criteria. It would have simple criteria and be overseen by CIW. Once approved, providers would gain an ‘approved’ status, allowing eligible families to use Universal Credit Childcare or Tax-Free Childcare to help with costs, if the provider is eligible. Local Authorities would be informed once a provider is approved. Criteria outlining who is eligible to join the proposed Voluntary Approval Scheme has been developed to ensure that only those with the necessary training and basic safeguarding checks can become approved. Approval would be renewed annually. Providers can be removed from the proposed Voluntary Approval Scheme for non-compliance with the terms of approval or if there are safeguarding concerns. The proposed Voluntary Approval Scheme would build on the current Approval of Home Childcare Providers (Wales) Scheme 2021.

This section outlines the proposed core principles and features of a Voluntary Approval Scheme and then the question we would like you to consider.

Aims and desired outcomes 

Below are the three aims of the proposed Voluntary Approval Scheme:

• To allow families to access Tax-Free Childcare and Universal Credit Childcare to pay for a greater range of services where both the family and provider are eligible,
• To verify the provider has met set approval criteria, including basic safety checks, which may offer some reassurance to parents about their choice of provider, and
• To help develop a better understanding of, and provide support and information to the unregistered sector who sign up to the Voluntary Approval Scheme.

Question 13: 

Do you agree or disagree with the aims of the proposed Voluntary Approval Scheme?

Approval criteria

Providers approved under the proposed Voluntary Approval Scheme would not be subject to statutory regulation but meet certain criteria to join the scheme. If there’s more than one applicant, i.e. joint applicants, each person should meet the criteria. 

It is proposed that the applicant must provide evidence of the following:

• Be 18 or over
• Have completed an emergency paediatric first aid training
• Have completed a safeguarding intermediate course of at least Group B/ level 2 specification
• Have completed the Childcare Essentials for Providers of Childcare, Playwork and Activities [12]
• Have a current enhanced DBS (Disclosure and Barring Service) check
• Not be barred from regulated activity with children or be unsuitable to work with or have unsupervised contact with children
• Have public liability insurance which covers death, injury, damage or other loss

The applicant will be required to make a self-declaration, (which will not be followed up or checked by Care Inspectorate Wales), that they understand and will employ best practice on behalf of the provision in relation to:

• The ‘Working together to safeguard people: code of safeguarding practice’ including safe recruitment practice, complaints procedures and risk assessment.
• If serving or handling food, food hygiene.
• Have regard to sector best practice guidance in relation to staffing, premises, record keeping, child safety, health and well-being.

Question 14: 

Which of the approval criteria outlined above do you feel should be required for the proposed Voluntary Approval Scheme? 

Question 15:

Are there any other criteria that you think should included?

Management and oversight 

The following level of oversight is proposed: 

• The proposed Voluntary Approval Scheme would be managed by Care Inspectorate Wales (CIW).
• This would be an administrative scheme meaning there will be no quality judgements from CIW and CIW would not be required to inspect.
• The approved provider would be required to renew annually and there would be an annual fee.
• Details of the approved provider would be passed onto the Local Authorities. Approved providers could then receive support, information, advertisement and guidance from the Local Authority should they wish.
• The approved provider would be required to notify CIW in the event of a conviction, caution, change of name, address or contact details.
• CIW would not become involved in any day-to-day complaints regarding the approved provider.
• In the event of a safeguarding concern, CIW would not undertake any investigation/inspection and would liaise with the Local Authority carrying out the safeguarding process to establish the outcome. CIW will then decide on an appropriate response in relation to ongoing approval.
• CIW would suspend approval or withdraw an approved provider from the scheme if the outcome of any Local Authority safeguarding investigations concluded that the provider exposes or may expose one or more of the children in their care to the risk of harm.
• CIW would refuse an application to the Scheme and withdraw an approval if the approval criteria are not/no longer met.
• An approved provider or applicant will be provided with notices of any decisions in relation to suspension, withdrawal or refusal of an application and will have 28 days to make an appeal by submitting representations.
• CIW would immediately suspend approval when considered necessary and appropriate. 

Question 16: 

Which of the features above do you think would be proportionate to include as part of the management and oversight of the proposed Voluntary Approval Scheme?

Who should be able to join

The proposed Voluntary Approval Scheme is for providers who would be exempt from registration as a child minder or day care provider with CIW. It would be for providers to choose whether to join or not.

This is the proposed list of provider types that potentially would be eligible to join the proposed Voluntary Approval Scheme:

• Child minders or day care providers that are run by a Local Authority or school for 2 hours or less and at any point of the day.
• All child minders or day care providers who operate either side of the school day for 2 hours or less.
• All child minders or day care providers that run for a period of 2 hours or less at any point during the day.
• Home based childcare i.e. babysitters, nannies and au pairs.
• In-person coaching and tuition that run under the coaching and tuition exemption for more than 2 hours in the proposed list of activities:
  
  (a) sport;
  (b) expressive and creative arts;
  (c) educational support – including languages, literacy & communication, humanities, science & technology, mathematics & numeracy; health and well-being
  (d) religious or cultural study.
  
  This may include residential childcare (e.g. activity camps) that run for fewer than 28 days in a 365 day period and are not facilitated/arranged by schools during school time and where parent or carers are not present.
   
• Child minders or day care providers (including coaching and tuition activities) who operate for 5 days or fewer per year.
• Providers offering child minding or day care for children aged 12-16

Question 17: 

Which of these providers do you believe should be eligible to seek approval on the proposed voluntary approval scheme?

Joining fee

It is currently proposed that there would be joining fee to the proposed Voluntary Approval Scheme with an annual renewal fee. The joining fee for the voluntary part of the Childcare Register in England is £114.

Question 18:

Do you agree or disagree with the principle that the scheme should have a joining fee for providers who seek approval on the proposed Voluntary Approval Scheme?

Question 19:

The Welsh Government is proposing to create a Voluntary Approval Scheme for Childcare, Playwork and Activity Providers. This scheme would be available to providers who are exempt from registering as child minders or day care providers. Having considered the details and development of the work to date, do you agree or disagree that a Voluntary Approval Scheme should be developed for Wales?

Question 20:

What risks, if any, do you feel should be further recognised within the draft regulatory impact assessment?

Question 21:

What benefits, if any, do you feel should be further recognised within the draft regulatory impact assessment?

Question 22:

What costs, if any, do you feel should be further recognised within the draft regulatory impact assessment?

Question 23:

What comments, if any, do you have on the draft impact assessments, particularly the impact of the draft order on children, families, those living in socio-economic disadvantage and people with protected characteristics (including evidence you feel should be considered)?

Question 24:

What, in your opinion, would be the likely effects of the proposal on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

• Do you think that there are opportunities to promote any positive effects?
• Do you think that there are opportunities to mitigate any adverse effects?

Question 25:

In your opinion, could the proposal be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
• mitigate any negative effects on using the Welsh language?

The responses we receive to the consultation will help inform the next steps in relation to the Exceptions Order. Any changes to the Order would not be made until 2026/ 2027 at the earliest. 

The responses we receive to the consultation will help determine whether a Voluntary Approval Scheme is developed and if so, what that would look like.

[1] In this context being exempt means not required to register with Care Inspectorate Wales as a child minder or day care provider.

[2] A person acts as a child minder if the person looks after one or more children under the age of twelve on domestic premises for reward (see section 19(2) of the Children and Families (Wales) Measure 2010).

[3] A person provides day care for children if the person provides care at any time for children under the age of twelve on premises other than domestic premises (see section 19(3) of the Children and Families (Wales) Measure 2010). This includes the following provisions: full day care; sessional day care; out of school childcare; crèches; and open access play.

[4]Membership of the Advisory Group includes: Children in Wales, Care Inspectorate Wales, Estyn, Sport Wales, Arts Council of Wales, Cytûn,Council for Wales of Voluntary Youth Services, Community Focused Schools, Cwlwm, Local Authorities, Welsh Local Government Association , Play Wales, Social Care Wales, Wales Council for Voluntary Action and the Children’s Commissioners Office.

[5] “Relative”, in relation to a child, means a step-parent, grandparent, brother, sister, uncle, aunt or first cousin (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship).

[6] A babysitter is directly employed by the parents and provides temporary, short-term care, often for a few hours at a time.

[7] A nanny is a person employed to provide consistent and long term care of a child. A nanny is directly employed by the parents of up to two families to care for their children, and care is provided wholly or mainly in the home of either of the families

[8] An au pair a person working for, and living as part of, a host family. An au pair is directly employed by the parents of up to two families to care for their children, and care is provided wholly or mainly in the home of either of the families.

[9] Typically, transitional youth services provides support for children from the age of 10 to help them transition from primary to secondary education and address their personal, social, and educational needs, fostering their overall development and encouraging them to participate actively in their communities and develop their voices.

[10] Premises includes any area and any vehicle. 

[11] Eligibility for Tax-Free Childcare and Universal Credit Childcare is determined by HMRC and DWP. Restrictions will apply to providers being eligible to offer Tax Free Childcare or Universal Credit Childcare, for example:

• Providers, other than schools or Local Authorities, who operate for less than 2 hours which is not immediately either side of the school day
• Provisions which are free to attend
• Providers that operate activities during the school day for school aged childcare
• For Tax Free Childcare, a child is only a qualifying child aged 12-16 if they are a disabled child
• Provisions which are not focussed on providing parents childcare for the purposes of working

[12] This course is intended to equip providers with essential information in relation to caring for children. It is proposed that it will consist of 5-6 hours of e learning and a 2-3 hour online face to face session. It will be developed using Social Care Wales’s All Wales Induction Framework for early years and childcare workers and the Introduction to Childcare course. The online face to face session will be facilitated by Social Care Wales and will be free to attend.