National Minimum Standards (NMS) for Regulated Childcare: proposed changes 2025
We want your views on the latest proposed changes to the NMS for Regulated Childcare for children up to the age of 12 years.
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Number: WG52101
Date of issue: 17 September 2025
Action required: Responses by 10 December 2025
Overview
This consultation seeks your views on the proposed changes to the National Minimum Standards (NMS) for Regulated Childcare for children up to the age of 12 years.
The NMS apply to registered child minders and providers of day care for children up to 12 years of age. These child minders and providers are required to register in accordance with the provisions of Part 2 of the Children and Families (Wales) Measure 2010 (“the Measure”) (as amended) and associated regulations. The NMS are designed to assist child minding and daycare settings (“Registered Settings”) to meet requirements in the Child Minding and Day Care (Wales) Regulations 2010 (“the Regulations”) that are relevant to the service they provide. Registered Settings must have regard to the NMS relevant to the service they provide.
This consultation is also of interest to other parties, such as Open Access Playwork and Out of School Childcare that are not currently registered, representative bodies and organisations working with the child minding sector, the playwork and day care sector; local authorities; and parents.
The consultation proposes changes which respond to some key recommendations from a Review of the National Minimum Standards for Regulated Childcarewhich were not taken forward in the 2023 refresh of the NMS due to waiting for the findings from two other key reviews: the Ministerial Review of Play; and the Independent Review of Child minding.
Since the last update to the NMS in 2023, other changes have also been made to Welsh Government policies and legislation that link to or relate to the NMS. It is therefore necessary to refresh the NMS to respond to these changes. Our intention is to keep the NMS under review and update as appropriate as policy and legislation develops over the coming years.
Once the consultation phase concludes, responses will be analysed and the NMS and relevant NMS annexes will be refreshed with input from our partners (local authorities, childcare and play umbrella organisations in Wales). This will help ensure the NMS supports the childcare and play sector through the provision of clear guidance to meet the relevant requirements of regulations.
How to respond
To help you complete this consultation we have set out the main areas where changes to the NMS are being proposed along with how they may benefit different groups of people. For ease of reference, we have also set out the questions we are asking you to respond to under each section.
Please submit your response by midnight Wednesday 10 December in any of the following ways:
- Complete our online form
- Download our response form. Complete and email it to: childcareandplaymailbox@gov.wales
Further information and related documents
Large print, Braille and alternative language versions of this document are available on request.
Contact details
For further information:
Early Years, Childcare and Play Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ
Email: childcareandplaymailbox@gov.wales
This document is also available in Welsh: Safonau Gofynnol Cenedlaethol ar gyfer gofal plant wedi’i reoleiddio: newidiadau arfaethedig 2025 [HTML] | LLYW.CYMRU
UK General Data Protection Regulation (UK GDPR)
The Welsh Government will be a data controller for any personal data you provide as part of your response to the consultation. Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under a contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.
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.
You should also be aware of our responsibilities under Freedom of Information legislation. If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.
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
- to require us to rectify inaccuracies in that data
- to (in certain circumstances) object to or restrict processing
- 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: Data.ProtectionOfficer@gov.wales
The contact details for the Information Commissioner’s Office are:
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 01625 545 745 or
0303 123 1113
Website: https://ico.org.uk/
Background
The National Minimum Standards for Registered Childcare (NMS) apply to registered child minders and providers of day care for children up to the age of 12 years. The NMS cover a wide range of different types of provision, including child minders, day care, out of school childcare and open access play provision. The NMS are designed to assist providers in meeting the requirements of the Child Minding and Day Care Regulations (2010)(as amended).
The NMS play an essential role in helping to ensure that children are cared for in a safe, secure and appropriate environment, with quality provision at its heart.
Following the Review of the National Minimum Standards for Regulated Childcare (‘the Review’) in 2019, the Welsh Government published a report which contained 20 recommendations, and a refresh of the NMS was published in 2023. There were some recommendations that informed wider work of Welsh Government at that time and some which were not included due to other reviews ongoing (see annex).
During the 2023 refresh of the NMS, recommendations 14 and 19 in the Review were not in-scope at that time as the Ministerial Review of Play (MRoP) was in progress.
The MRoP reported on its findings in November 2023 which included key recommendation 11 to Review child minding and day care regulations and orders relating to playwork. Specific recommendations that impacted on the NMS were accepted,11.1 & 11.3 specifically (see annex).
The Independent Review of Child minding (2023) included at recommendation 15: that Care Inspectorate Wales (CIW) should consider introducing more flexibility in the way child minders can apply NMS staffing ratios during short periods of the day to enable child minders to better accommodate out of school childcare before and after school, as well as overlapping wrap around care during lunchtimes.
We have collaborated with partners in the childcare and playwork sector to review key recommendations from the NMS review, MRoP, and Independent Review of Child minding. We also considered other challenges faced by the sector and evaluated how best to address them, while considering the impact of possible long-term changes to the NMS on the safety and quality of care provided. These are now presented to you in this consultation document along with the rationale for change.
What is this consultation about?
The purpose of this consultation is to seek your views on proposed changes to the NMS as a result of recommendations from the: Review of the National Minimum Standards for Regulated Childcare (2019); MRoP Report (2023); and, the Independent Review of Child Minding (2023), along with information gathered during pre consultation events with the sector.
We have also taken the opportunity to ask some engagement questions to help inform future policy work and to provide an update on areas of work in development.
This consultation will be structured by topic areas which will contain two types of questions:
Proposed Changes Questions (in numerical order): These questions will include the following:
- An explanation to provide an overview of the proposed change
- The rationale for the proposed change to provide context of where this has come from
- Where applicable, a table format setting out the current wording within the NMS and proposed changes
- An outline of how the proposed changes may benefit different groups of people where relevant to them
- Questions to seek your response to the proposed changes
Engagement Questions (in alphabetical order): These questions will seek your views and response to support future policy development.
To assist you in providing your views and feedback for the consultation questions, the below key documents will be available to you via a link within the relevant topic area. Please note these are drafts and may be subject to minor changes post consultation.
- New design template - Standard 12: Food and Drink
- NMS Introduction chapters: What do we mean by High Quality Provision
- New NMS Annex on Guidance for administering Liquid paracetamol when children become unwell at the setting
- Integrated Impact Assessment section 1 and 8, Welsh Language, Children’s Rights Impact Assessment – these provide an analysis of the impact of the changes to the NMS in terms of these areas.
The responses we receive to the consultation questions will help inform the publication of an updated version of the NMS and associated guidance. These will provide greater clarity and guidance to the childcare and playwork sector across a number of key areas. The topic areas covered within this consultation are:
- Structure
- High Quality Provision
- Definitions
- Open Access Play
- Medication
- Deployment of staff in day care settings
- Child minder assistants
- Child minding ratios
- Welsh language
- General Views
Areas for consultation
Structure and layout of the National Minimum Standards
The Review had a recommendation to explore ways to simplify the current NMS, which was not considered for the 2023 refresh and was to be considered in line with recommendations from the MRoP.
What are we doing?
The NMS will be developed as HTML (online) format which will allow for ease of movement between linked documents and will allow ease of navigation and make it simpler for sector areas to view standards specific to them, and for parents to view standards relevant to the childcare and play service they use. This will be easy to view on a mobile phone, laptop and tablet and will meet accessibility requirements. There will also be the option to print the document.
We seek your views on whether, in addition to the above, including links on the standards pages to the associated regulation(s) and links to further guidance to support with assuring quality would be beneficial. Currently the related regulations are in NMS Annex D - NMS Standards and related Regulations.
We share with you an example of Standard 12: Food and Drink as an illustration of how we intend to develop the layout of Open Access, Day care and Child-minding standards within the NMS to inform your consideration of this proposal.
How does the new structure and layout benefit the following people?
| Children |
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| All childcare providers |
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| Parents/carers |
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Proposed Changes Questions
We seek your views on whether you agree with the proposed new layout of the Standards.
Question 1: Do you agree or disagree that the layout in the example of Standard 12: Food and Drink provided is clear?
Question 2: Do you agree or disagree that including the related regulations within the standards is helpful?
Question 3: Do you agree or disagree that it’s helpful to have links to documentation to support with raising quality within each standard?
High Quality Provision
The National Minimum Standards state in the chapter “How to use the National Minimum Standards” that ‘the NMS are minimum standards for registration, in order to provide quality childcare, the general expectation is that registered persons work toward ensuring that these basic standards are exceeded’.
Published in March 2024, the Early Childhood Play, Learning and Care (ECPLC) Plan sets out a vision for how childcare, playwork and nursery education settings for children prior to statutory school age (0–5-year-olds) can support the development of babies and young children’s social, emotional, cognitive, and physical needs. While ECPLC provides a vital framework for the early years, we fully recognise that high-quality provision and a rights-based approach must continue beyond the early childhood phase.
The Out of School Childcare and Playwork sector provides support for children’s development, wellbeing, and access to play opportunities across the 0–12 age range. The Play Wales quality assurance framework Chwarae o Safon recognises the role of the Playwork Principles in facilitating play experiences for older children in all playwork settings.
There is a commitment to aligning the principles and ambitions outlined in ECPLC, where appropriate, with broader strategic objectives for children of all ages.
We are also committed to reviewing the NMS periodically to ensure they remain fit for purpose and reflect the needs of the wider sector. As part of this work, and in line with our commitment to embedding a children’s rights approach to policy making, we intend to:
- Further develop babies and children’s wellbeing outcomes within each standard;
- Include the child’s voice in the NMS standards.
We also propose updating the introductory chapter, “What do we mean by High Quality Provision” to further strengthen expectations regarding quality and better align with ECPLC principles, while recognising the diversity of provision across age ranges and settings.
How does the updated “What do we mean by High Quality Provision” chapter benefit the following people?
| Children |
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| All childcare providers |
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| Parents/carers |
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Proposed Changes Questions
We seek your views on updates to the “What do we mean by High Quality Provision” chapter within the NMS.
Question 4: Do you agree or disagree that we should update the ‘What do we mean by High Quality Provision’ chapter of the NMS so that it further aligns with ECPLC principles?
Engagement Questions
To help inform future policy development and our continued commitment to the vision for ECPLC, we would value your responses to the following engagement questions:
Engagement A: What further changes would you like to see within the National Minimum Standards statutory guidance to support the Early Childhood Play, Learning and Care (ECPLC) vision
Engagement B: Do you have any other comments with regards to the chapter ‘What do we mean by High Quality Provision’?
Definitions
The Ministerial Review of Play (MRoP) Report Recommendation 11.3 asked the Welsh Government to review and update the definition of open access playwork and the settings where it takes place and make relevant revisions to the National Minimum Standards for Regulated Childcare Provision (NMS).
We have engaged with relevant stakeholders in reviewing the definition of open access play as part our intention to keep the NMS under review and in response to the recommendations of the Ministerial Review of Play.
Below is a proposed updated definition which supports the range of open access playsettings as outlined within the Wales - a Play Friendly Country statutory guidance.
| Current wording | Proposed wording |
|---|---|
Open Access Play: Staffed Open Access play provision operating for over 2 hours a day for children up to the age of 12 years can be permanent or temporary provision, located in a variety of settings with or without premises and can include holiday play schemes. This provision usually caters for a wide age range of children, normally aged 5 years and over. The purpose is to provide staffed play opportunities for children usually in the absence of their parents. Children are not restricted in their movements, other than where related to safety matters and they are not prevented from coming and going as and when they wish. Some NMS standards, or parts thereof, will not apply to open access play provision due to the nature of the provision, however, where this is indicated the standards should still be considered desirable as good practice. | Open Access Play: Staffed playwork provision is appropriate for children of all ages. For regulatory purposes, staffed Open Access playwork provision is for children aged 5 to 12 years. It can be permanent or temporary provision, located in a variety of settings with or without premises, as defined in ‘Wales – a Play friendly country’ statutory guidance Wales: a play friendly country | GOV.WALES. There is no prior arrangement between the parent/carer and the registered person to provide childcare. Children are not required to be escorted by a parent or other responsible person to and from the relevant premises. Children are not restricted in their movements, other than where related to safety matters. |
Proposed Change Questions
Your views are sought on whether you agree with the proposed change to the open access play definition.
Question 5: Do you agree or disagree with the update to the definition on Open Access Play
Whilst updating the definitions and as part of our commitment to ensure the NMS is fit for purpose, we have also considered developing some examples of sector types that may be added to the NMS to support with the definitions.
Engagement Questions
Your views are sought on whether developing examples to support the definitions of day care provision are helpful
Engagement Question C: Do you think adding examples of types of provision within the definitions of each of the sub categories of day care would be helpful?
Open Access Play Standards
Open access play is classed as daycare within the NMS and underpinned by the regulatory requirements within the Child Minding and Day Care (Wales) Regulations 2010 (as amended). Some NMS standards, or parts thereof, do not apply to open access play provision due to the nature of the provision, however, where this is indicated the standards should still be considered desirable as good practice.
As outlined in Annex A, the Review included Recommendations 14 and 19 in the report. These recommendations were taken forward by the Ministerial Review of Play which led to the MRoP Report Recommendations 11.1 and 11.3.
Ministerial Review of Play Recommendations
Recommendation 11.1- Review the practice and delivery of the Care Inspectorate Wales inspection regime relating to playwork to improve its fitness for purpose within the current regulations. This should inform changes to the National Minimum Standards (NMS) and the regulation and inspection of all playwork settings and should also include the development of standalone NMS for open access playwork settings.
Recommendation 11.3- Review and update the definition of open access playwork and the settings where it takes place and make relevant revisions to the National Minimum Standards for Regulated Childcare Provision (NMS).
We wish you to note the changes we will be making to the NMS in response to these recommendations.
What are we doing:
- An updated definition of Open Access Play
- The Welsh Government will explore with CIW and stakeholders changes required to the registration process to enable open access play services to register once with a risk-benefit approach to adding additional locations
- A proportionate set of standalone standards is being developed for Open Access play. The format of these standards will include:
- Wellbeing Outcome
- Voice of the child
- Standards
- Links to regulations (to be determined following responses to Q. 2 in Structure)
- Links to further guidance (to be determined following responses to Q.3 in Structure)
We consulted on strengthening First Aid training in the Review, and updates were made to day care standards as part of the 2023 refresh publication. Feedback in the last review was that first aid standards should refer to specific setting risk assessments in terms of First Aid requirements as this could allow for a more precise identification of need. Play Wales, the National charity for children’s play, considered this ratio was disproportionate in respect to the level of risk involved.
Furthermore, recommendations from the MRoP indicated that NMS standards for open access play needed to be revisited with a call for more proportionate standards.
Engagement work with the playwork sector has identified that given the temporary nature of some open access play provision, especially those available only during holidays, it is challenging for providers to ensure that temporary staff undergo the required training while also operating services that may run for as little as four weeks. This challenge may have contributed to a decline in number of registered open access play services.
Therefore, we wish to seek your views on whether the requirement for the number of first aid-qualified staff could be made proportionate for this sector. Acknowledging the benefits of having as many first aiders as possible to support the wellbeing of children attending, we are proposing to adopt a risk assessment approach to determine the required numbers of first aid-trained staff. This approach should consider the type of service and activities being provided, the location and size of the provision, and the specific needs of the children who attend, rather than adhering to a prescribed requirement.
Open access Play is typically provided by a combination of Playworkers, Youth workers, and other professionals who may have experience working with children but do not necessarily possess formal Playwork qualifications. This sector area can also include professionals such as youth workers and teachers who hold playwork qualifications. These services are typically short-term and ad hoc. The requirement for specific qualified staff in these temporary roles poses challenges, possibly contributing to fewer registered open access play provisions. Therefore, we wish to seek your views on whether the required qualifications for other staff could be made more proportionate for this sector. Please note that the stipulations for the person in charge—namely, a minimum of two years’ experience and a relevant Level 3 qualification—will remain unchanged.
Table 1: Proposed wording on First Aid Training shows the proposed changes to the current wording within the NMS on First Aid training and other staff qualification requirements for Open Access Play. The left column is the current wording and the right column is proposed wording which we wish to seek your views on.
| Current wording | Proposed wording |
|---|---|
First Aid Training – Open Access Play 10.28 Open Access Play settings that accept children under the age of 8, the minimum requirement is at least 1:13 (trained adult:child ratio) holding a current Full Paediatric First Aid 12 hours certificate. 10.29 Open Access Play settings that accept children over the age of 8 the minimum requirement is at least one person should hold a current Full Paediatric First Aid 12 hours certificate and be present at all times. 10.30 First Aid training in respect of all other staff should reflect the circumstances of the setting and be based on a risk assessment | First Aid Training – Open Access Play Open Access Play settings have at least one person present at all times with a first aid qualification (full paediatric first aid), with contingencies in place for more first aid trained staff, based on a risk assessment which reflects the circumstances of the setting and types of activities undertaken. |
13.4(DC) Person in Charge Prior to their appointment, a person in charge (manager) must have: a. At least 2 years’ experience of working in a day care setting. AND b. At least a level 3 qualification recognised on the Social Care Wales’s Qualification Framework or The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersede them) which is appropriate to the post. Other Staff (Qualifications) 13.9 (DC) For Open Access a) at least 40% of all ‘other staff’' holds a level 2 playwork qualification as recognised on The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersedes this).which is appropriate to the post AND at least half of these have a qualification at level 3. b) at least another 10% of all ‘other staff’ must be “working towards” a level 2 or 3 qualification. C) unqualified or volunteer staff members cannot exceed 50% of total staff. In Open Access Play settings at least 50% of all ‘other staff ‘must be qualified or working towards a qualification.
| 13.4(DC) Person in Charge Prior to their appointment, a person in charge (manager) must have: a. At least 2 years’ experience of working in a day care setting. AND b. At least a level 3 qualification recognised on the Social Care Wales’s Qualification Framework or The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersede them) which is appropriate to the post. Other Staff (Qualifications) (DC) For Open Access Play a) at least 50% of all ‘other staff’' holds a level 2 playwork qualification as recognised on The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersedes this) which is appropriate to the post b) unqualified or volunteer staff members cannot exceed 50% of total staff.
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How do the changes to the above Open Access Play benefit the following people?
| Children |
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| Open access play providers |
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| Parents/carers |
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Proposed Changes Questions
Your views are sought on whether you agree with the proposed changes
Question 6: We propose that a more proportionate approach to First Aid Training- Open Access Play (Standard 10) would be to require at least one person to be on the premises at all times with a full first aid qualification, with contingencies in place for additional staff to hold first aid qualifications, subject to a risk assessment of the types of activities undertaken. Do you agree or disagree with this proposal?
Question 7: Do you agree or disagree with the changes proposed for a proportionate approach to Standard 13: Suitable person Other Staff (Qualifications) for Open Access Play?
Medication
Care Inspectorate Wales (CIW) raised concerns about children’s health and wellbeing within registered child minding and daycare settings (“registered settings”). This was particularly around the provision of non-prescribed paracetamol oral suspension (“Liquid Paracetamol”).
The concerns highlighted led to calls for clarification regarding what registered settings can and cannot do in relation to the administration of Liquid Paracetamol in accordance with Standard 11: Medication. The standard does not currently fully address what arrangements can be made around non-prescribed medication.
There was a need to provide clarity to childcare providers urgently to protect children’s health and wellbeing as a priority, enabling the registered setting staff to provide prompt treatment for the relief of pain or high temperature in children when they became unwell at the setting.
Welsh Government health officials advised that it was acceptable to provide guidance to providers to enable them to obtain, store and administer Liquid Paracetamol to children in limited circumstances.
Following this, Welsh Government circular letter 011/2024 was issued as a matter of priority to all childcare and play providers and stakeholders.
The circular letter included arrangements for administration of Liquid Paracetamol to be underpinned by the setting’s medicine policy and prior parental/carer consent given for the administration of Liquid Paracetamol (and the relevant dosage).
Table 2: Proposed wording for Standard 11: Medication shows the proposed changes to current wording within Standard 11: Medication. The left column is the current wording, and the right column is proposed wording. Annex [tbc] - Guidance for administering liquid paracetamol when children become unwell at the setting has been drafted to provide support for instances when children become unwell whilst being cared for at the setting. We wish to seek your views on both the standard and the Annex.
| Current wording | Proposed wording |
| The registered person is responsible for ensuring that: | |
| New 11.1 These standards should be read in conjunction with Standard 10: Healthcare and the procedures for infection prevention and control. | |
| 11.1 There is a clear policy, understood and implemented by all staff and discussed with parents, about the storage and administration of medication. The policy conforms to the terms of the registered person’s insurance cover. | 11.2 There is a clear medicine policy, understood and implemented by all staff, about the storage and administration of any (prescribed or non-prescribed) medication. The policy conforms to the terms of the registered person’s insurance cover. |
| New 11.3 The medicine policy is shared with parents and sets out the procedures in place to support the safe administration of prescribed and non-prescribed medication. The policy includes the procedure for dealing with medical emergencies and when children become unwell at the setting. | |
| 11.2 The parent gives written permission before any medication is given. | 11.4 The parent gives prior written permission before any (prescribed/non-prescribed) medication is given. |
| 11.3 If medication is administered to a child, this is with an understanding of the possible side effects of the medication. If medication is self-administered by the child, this is in line with written guidance from the parent and with an understanding of the possible side effects of this medication. | This will become 11.5 |
| 11.4- Information is gained to establish from the person delivering the child exactly when medication was last administered. | This will become 11.6 |
| 11.5 Prescription medicines are not administered unless a doctor has prescribed them for that child. | 11.7 Prescription medicines are not administered unless a doctor or other healthcare professional has prescribed them for that child |
| 11.6 If the administration of prescription medicines requires technical or medical knowledge, then individual training is provided by a qualified health professional. Training is specific to the individual child concerned. | This will become 11.8 |
| 11.7 Any medicine received into the setting is not out of date | 11.9 Any medicine received into, obtained and administered by the setting is not out of date. |
| 11.8 Medication is stored in the original container, clearly labelled with the child’s name and must be inaccessible to children. | 11.10 All medicines are stored in their original containers. Prescribed medication is clearly labelled with the child’s name. |
| 11.11 All medicines are stored securely in a locked container which is inaccessible to children and in accordance with the manufacturer’s instructions. | |
| 11.9 Written records are kept of all medicines administered to children and parents sign the record book to acknowledge the entry. | This will become 11.12 |
| 11.13 You can obtain, store and administer liquid paracetamol when a child becomes unwell at your setting. Follow the guidance in Annex [ tbc] Guidance for administering Liquid paracetamol when children become unwell at the setting. | |
How do the changes to the medication standards and guidance relating to liquid paracetamol administration benefit the following people?
| Children |
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| Parents/carers |
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| Day care providers including child minders and open access play provision providers |
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The changes to Standard 11 Medication are proposed due to a lack of clear distinction between prescribed and non-prescribed medication in the current NMS. The childcare sector called for further guidance in relation to when children become unexpectedly unwell at the setting e.g., risk of febrile seizures; high temperatures.
Proposed Changes Questions:
Your views are sought on whether you agree with the proposed changes to Standard 11.
Question 8: Do you agree or disagree with the changes made to Standard 11 Medication to show the distinction between prescribed and non-prescribed medication?
Engagement Question
Your views are sought on whether the development of an additional NMS Annex to provide further guidance and support when children become unwell whilst being cared for at the setting is helpful
Engagement Question D – Do you think the NMS Annex on Guidance for administering Liquid paracetamol when children become unwell at the setting, helps to explain what the setting can and cannot do in relation to administering liquid paracetamol in the situations described?
Deployment of staff
The Welsh Government has, in evidence from the sector and CWLWM partners, identified a need to clarify how the percentages of qualified staff, unqualified staff and volunteers are effectively deployed across the setting and whether the minimum percentages outlined in the standards are calculated per room or across the setting as a whole.
There has also been requests for clarification on when settings have employed additional staff or volunteers to support with meeting children’s individual needs. This has appeared in some instances to create confusion around the way the percentages of qualified, unqualified and volunteer ratios are applied in practice.
We seek your views on the below additional wording to be added to Standard 13 (DC): Suitable person, to offer clarification on deployment of staff across the setting. While providing information about circumstances when settings may include additional qualified staff or volunteers, which are over and above the required adult: child ratios, to support with meeting individual needs. Having additional qualified staff or volunteers for these reasons should not be seen as a dilution of ratios if the outcome and impact on children’s needs is enhanced.
Proposed new standard:
Registered persons are responsible for ensuring that:
Percentages for qualified and unqualified staff must be met across the setting as a whole, rather than on a room-by-room basis. Careful consideration must be given to the deployment of staff throughout the setting and within each room to ensure the safety, welfare and development of children at all times, including those with additional needs and disabilities.
Proposed new standard:
Registered persons are responsible for ensuring that:
Dependent upon each setting’s individual staffing levels, it may be necessary to deploy more staff where specific support is identified to help meet children’s individual needs. Minimum adult: child ratios must still be met. Any member of staff who is employed to work with specific children to provide extra support may not be counted within the standard staffing ratios.
How do the changes about deployment of staff under Standard 13 (DC) benefit me?
| Children |
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| Parents/carers |
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| Providers |
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Proposed Changes Questions
Your views are sought on whether you agree with the proposed changes to Standard 13.
Question 9: Do you agree or disagree with adding the following to Standard 13 (DC): Suitable person (Day Care)?
New standard: Percentages for qualified and unqualified staff must be met across the setting as a whole, rather than on a room-by-room basis. Careful consideration must be given to the deployment of staff throughout the setting and within each room to ensure the safety, welfare and development needs of children are met at all times, including those with additional needs and disabilities.
Question 10: Do you agree or disagree with adding the following to Standard 13 (DC): Suitable person (Day Care):
New Standard: Dependent upon each setting’s individual staffing levels, it may be necessary to deploy more staff where specific support is identified to meet children’s individual needs. Minimum adult: child ratios must still be met. Any member of staff who is employed to work with specific children to provide extra support may not be counted within the standard staffing ratios.
Child minder assistants
In the 2023 NMS refresh, a requirement was established for child minding assistants to complete their qualification by November 2024. As this deadline has now passed, CoramPACEY Cymru (formerly PACEY Cymru), representing their members, highlighted ongoing challenges to recruit new qualified child minding assistants when an assistant leaves or to provide additional places in the setting. Providing flexibility within a set timeframe may help maintain continuity in the child minding sector.
This will mean that child minding assistants could potentially be employed without a formal qualification, on the condition they were working towards this, and achieve the qualification with the required timeframe. This could be supported by amending Standard 13.4 (CM) where child minding assistants will not be left unsupervised until this qualification is achieved.
We also provided in the 2023 refresh, guidance within Annex A of the NMS, the responsibilities and role of registered child minders working with a child minding assistant.
Care Inspectorate Wales and Coram Pacey Cymru note that child minders have expressed the need for clearer guidance on the length of time that child minding assistants can be left in sole charge of the children. The current lack of a time limit leads to confusion and potential mismanaging the provision of care to the children or inconsistent approach to the circumstances in which assistants can be left in sole charge of children across the board. Therefore, we are seeking your views on the length of time that child minding assistants ( those that hold the required child minding assistant qualification) could be left in sole charge of the children. During professional working groups, supported by Coram Pacey Cymru, a two hour limit was proposed. This would provide clear parameters for assistants and offer clarity on the role of an assistant. This is seen as a reasonable maximum time per day to support with, if required for school pick ups where child minding assistants could be left in sole charge of children. A two-hour time limit would provide clearer guidance and support child minders in managing their service
Table 3: Proposed wording for Standard 13.4 (CM) shows the proposed change on current wording within the NMS on child minding assistants.. The left column is the current wording, and the right column is proposed new wording which we wish to seek your views on.
| Current wording | Proposed wording |
|---|---|
| 13.4 (CM) Any assistant employed by a child minder must have successfully completed an appropriate course recognised in the Social Care Wales’s Qualification Framework. Assistants are required to have attained the required qualification by the end of November 2024. | 13.4 (CM) Any assistant employed by a child minder must have successfully completed an appropriate course recognised in the Social Care Wales’s Qualification Framework. Assistants are required to have attained the required qualification within 6 months from the start of their current employment. During this time period prior to them attaining the qualification concerned they are not to be left unsupervised with children. |
| Annex A - NMS Guidance for Child minder Assistants | New Text to be added to Annex A An assistant may be left in sole charge of children, in line with the adult to child ratios for childminders, for up to two hours a day in total if all the requirements within this guidance and standards are complied with. |
How do these child minding assistant qualification changes benefit me?
| Children |
|
| Parents/carers |
|
| Child minders working with an assistant |
|
| Child minder assistant |
|
Proposed Changes Questions
Your views are sought on whether you agree with the proposed changes to Standard 13: Suitable person (CM).
Question 11: Do you agree or disagree that child minding assistants could be employed if working towards the assistant qualification, but not be left unsupervised with children during this time, and must complete the qualification within 6 months?
Question 12: Do you agree or disagree that child minding assistants could be left in sole charge of children, in line with the adult to child staffing ratios, for up to two hours a day in total if all the requirements of the guidance within Annex A and Standard 13 are complied with?
Ratios for child minding
The independent review of child minding report recommendation 15 noted that Care Inspectorate Wales (CIW) should consider introducing more flexibility in the way child minders can apply NMS staffing ratios during short periods of the day. This would enable child minders to better accommodate out of school childcare before and after school, as well as overlapping wrap around care during lunchtimes. Responses in the Review were for greater flexibility in the child minder ratios to allow a child minder to care for more than 3 children under the age of 5 years.
Recognising the decline in numbers of child minders and wanting to continue to offer parents a choice of childcare provision we are seeking your views on revisions to the child minding ratios. The independent review of childminding report noted that there is often a lack of available places for siblings due to the ratios which is affecting continuity of care for the families. This proposed change will also support sustainability of the child minding sector and continuity of care for families and children.
The ratios specified in the NMS set out the maximum number of children able to be cared for in accordance with their ages. CIW will, through inspections, evaluate children’s outcomes, and whether the needs of children are being met. We seek your views on allowing childminders to care for one additional child under the age of 5. The National Minimum Standards (NMS) currently do not specifically address the ratios involving 2-year-olds within childminding settings. This reference has been incorporated to ensure that younger children receive appropriate care.
Table 4: Proposed wording for Standard 15 (CM) and Annex A - NMS Guidance for Child minder. The left column is the current wording, and the right column is proposed new wording which we wish to seek your views on.
| Current wording | Proposed wording |
|---|---|
15.1(CM) The maximum number of children for whom a child minder may care is as follows: • Ten children up to 12 years of age; • Of those ten children, no more than six may be under 8 years of age. • Of those six, no more than three may be under 5 years of age. • Of those three children, normally no more than two may be under 18 months of age, although exceptions can be made for siblings. | The maximum number of children for whom a child minder may care for is as follows:
|
| This will be an additional standard | New: Children who are due to start full-time statutory schooling (reception year) in the September may be classed as over 5 years old in the summer holidays immediately before they enter reception for the purposes of the ratios relevant to child minders. |
| 15.2(CM) Children aged 3-5 years who attend full-time education provision may be classed as over 5 years for the purposes of the ratios relevant to child minders. | Children aged 3-5 years who attend an educational provision or a combination of an educational provision and wrap-around childcare within school hours at another setting for five or more hours per day may be classed as over 5 years old for the purposes of the ratios relevant to child minders. |
How do the changes about child minding ratios benefit me?
| Children |
|
| Parents/carers |
|
| Child minders |
|
Proposed Changes Questions
Your views are sought on whether you agree with the proposed changes to Standard 15.
Question 13: Do you agree or disagree with the following:
The maximum number of children for whom a child minder can care for is as follows:
- Ten children up to 12 years of age;
- Of those ten children, no more than six may be under 8 years of age.
- Of those six, no more than four may be under 5 years of age.
- Of those four no more than three may be under 2 years of age*
- Of those three children, normally no more than two may be under 18 months of age, although exceptions can be made for siblings.’
Question 14: Do you agree or disagree that children who are due to start full-time statutory schooling (reception year) in the September could be classed as over 5 years old in the summer holidays immediately before this for the purposes of the ratios relevant to child minders?
Question 15: Do you agree or disagree that children aged 3-5 years old who attend an educational provision or a combination of an educational provision and wrap-around childcare within school hours at another setting for five or more hours per day could be classed as over 5 years old for the purposes of the ratios relevant to child minders?
Welsh Language
The Welsh Government aims to ensure that the childcare sector in Wales is strengthened and supported and has a particular emphasis on strengthening Welsh medium provision.
Engagement Questions
Your views are sought on any likely impact on the Welsh Language.
Engagement Question E: What, in your opinion, would be the likely effects of the proposed changes to the NMS 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?
Engagement Question F: In your opinion, could the proposed changes to the NMS 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 and on not treating the Welsh language less favourably than English?
Engagement Question G: We have asked a number of specific questions on Welsh Language. If you have any related issues which we have not specifically addressed, please use this space to report them:
General views on the NMS
As part of the Welsh Governments’ commitment to ensure the NMS remains fit for purpose as part of this review we will also be updating:
- Day care definitions with some minor amendments
- Annex C NMS Safeguarding Guidance: Roles and Responsibilities, adding text of recommended renewal date of 3 years under group B and C
Consideration will be given to update and ensure the NMS reflects and includes references to legislative, Welsh Government wider policy areas, and sector specific guidance such as:
- Children’s rights
- NYTH/NEST,
- Lullaby trust- sleep practices
- Trauma informed practice
- Anti Racism tools
- Baby pledge
- Royal Society for the Prevention of Accidents (RosPa) Guidance
Please note: The above may change following this consultation and as other further wider policy areas develop.
Engagement Question
Your views are sought on whether there are any other amendments the Welsh Government should make to the standards.
In the Review, recruitment and retention issues were noted as a problem across the sector. Therefore, in the last refresh of the NMS in 2023, we updated childcare qualifications requirements for day care providers under Standard 13: Suitable person (DC)) – to allow 20% of staff in full day care settings and 10% of staff in sessional or open access play settings who are working towards a qualification to be included in the staff qualification ratios (with conditions applied).
Engagement Question H: Do you have any comments on the current working towards requirements?
Chapters of an Integrated Impact Assessment have been published as part of this consultation; Section 1 and 8, Welsh Language and Children’s Rights Impact Assessment.
Engagement Question I: What comments, if any, do you have on the draft impact assessments, particularly impacts on children, families and those living in socio-economic disadvantage (including evidence you feel should be considered)?
Engagement Question J: A draft Equalities Impact Assessment has also been developed as part of this exercise, to assist us further please add any comments on any impacts you feel the changes could have on . people with protected characteristics (including evidence you feel should be considered)?
Engagement Question K: Do you have any other comments or suggestions with regards to the NMS that you wish to provide at this time?
Responses to consultations are likely to be made public, on the internet or in a report. If you would prefer your response to remain anonymous, please tick here:
Annex 1: Recommendations from the Review of the National Minimum Standards (NMS) for Regulated Childcare; Ministerial Review of Play (MRoP); and Independent Review of Childminding
The table below shows the recommendations from the 2019 review that were remaining from the 2023 re-fresh. The left column is the recommendation and the right column shows the outcomes.
| Recommendation | Outcomes |
|---|---|
| Recommendation 5- Inspection and regulation of play settings to be considered for inclusion in broader Play Review. | Links to and has been superseded by MRoP recommendation 11.1 |
| Recommendation 13- Clearer guidance to be developed on the role of child minding assistants, in particular around how they are supervised to ensure quality and safe care for children. | Proposed updated amendments included in consultation |
| Recommendation 14- Consideration to be given to the development of a more proportionate approach to regulation in respect of certain types of provision for example open access play provision or potentially seasonal provision. Regulation to reflect the specific nature and circumstances of the setting including staffing, community context, nature of the environment and age and ability of the children. | Links to and has been superseded by MRoP recommendation 11.1 and 11.3. Proposed actions noted in consultation |
| Recommendation 16- Consideration to be given to the registration requirements of play as part of the broader Play Review. | Links to and has been superseded by MRoP recommendation 11.1 |
| Recommendation 19- Consider further work to explore in more detail with the sector some of the pros and cons of a more proportionate or type specific approach to standards. | Links to and has been superseded by MRoP recommendation 11.1 and 11.3 Proposed updated amendments included in consultation |
| Recommendation 20- Explore ways of simplifying current NMS. | Proposed updated amendments included in consultation |
The table below shows the recommendations from the Ministerial Review of Play that informed the proposed changes to the NMS. The left column is the recommendation from this review and the right column shows the outcomes.
| No. | Recommendation | Outcomes |
|---|---|---|
| 11.1 | Review the practice and delivery of the Care Inspectorate Wales inspection regime relating to playwork to improve its fitness for purpose within the current regulations. This should inform changes to the National Minimum Standards (NMS) and the regulation and inspection of all playwork settings and should also include the development of standalone NMS for open access playwork settings. | CIW will consider how the inspection framework could be applied proportionately for open access play settings. Welsh Government will work with CIW and key stakeholders to update the open access play standards to develop a standalone set. |
| 11.3 | Review and update the definition of open access playwork and the settings where it takes place and make relevant revisions to the National Minimum Standards for Regulated Childcare Provision (NMS). | Proposed updated amendments included in consultation |
The table below shows the recommendations from the Independent Review of Childminding that informed proposed changes to the NMS. The left column is the recommendation from this review and the right column shows the response action.
| No. | Recommendation | Response Action |
|---|---|---|
| 15 | CIW should consider introducing more flexibility in the way child minders can apply NMS staffing ratios during short periods of the day to enable childminders to better accommodate out of school childcare before and after school as well as overlapping wrap around care during lunchtimes. | Proposed updated amendments included in consultation |
