National Minimum Standards for Regulated Childcare for children up to the age of 12 years: statutory guidance - Audience and overview
Standard of care child minding and day care providers must meet to look after children under 12.
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Standard 13: Suitable person
Child’s voice: The people who look after me are kind and know how to keep me safe and happy.
Well-being outcome: Children enjoy playful experiences, secure and enriching relationships with skilled, reflective adults committed to delivering high-quality care.
The registered person in all regulated child minding and day care is responsible for ensuring that:
13.1 All Trainees work under close supervision at all times
13.2 All staff receive induction training which includes health and safety and child protection policies and procedures during their first week of employment.
13.3 The continuing training needs of staff are addressed and provided for on a regular basis.
13.4 All paid staff receive regular one-to-one supervision which encourages them to think about the quality of their practice and raise any safeguarding concerns. They also receive formal appraisal at least once a year.
Standard 13(CM): Suitable Person (Child Minder)
See Annex A - Guidance for Child minder Assistants, for further information about working with an assistant.
Registered persons are responsible for ensuring that:
13.1 (CM) The child minder, and any assistant employed by them, are suitable to look after children up to the age of 12, and have the appropriate skills, experience and qualifications to meet the needs of the children.
13.2 (CM) The child minder, and any assistant employed by them, are mentally and physically capable of caring for children.
13.3 (CM) The child minder must have successfully completed an appropriate pre-registration course recognised in the Social Care Wales’s Qualification Framework.
13.4 (CM) Any assistant employed by a child minder must hold an appropriate qualification recognised in the Social Care Wales’s Qualification Framework. If an appropriate qualification is not held at the time of employment, assistants are required to have attained the required qualification within 6 months from the start of their current employment. They are not to be left alone with children until they have attained the qualification.
13.5 (CM) The child minder, any assistant and any other persons aged 16 years or over who lives, works (including on a voluntary basis) or is otherwise present on the relevant premises and has, or is likely to have, regular contact with children, has undergone a vetting procedure which complies with the Regulations and includes a Disclosure Barring Service (DBS) enhanced disclosure check. All checks are completed before the child minder and any assistant commence caring for children.
13.6 (CM) The child minder must notify CIW about their intention to employ or work with any assistants to look after children.
13.7 (CM) The child minder, as the registered person, is accountable for the work of any assistant and remains responsible for the safety, welfare and development of children in their care. The child minder must deploy the assistant effectively and remain satisfied that the assistant is competent in all areas of work undertaken. The child minder keeps a staff file for each assistant including records related to name, address, contact numbers, recruitment, induction, supervision, appraisal, training and qualifications.
13.8 (CM) The following information should be maintained on a daily basis:
- The names of people present, or likely to be present in the home, when child minding takes place.
- Name and address of assistants (if they are employed or a volunteer in a paid or unpaid role).
- The hours any assistant works including and hours where they were working along and the names of the children, they are responsible for at these times.
Standard 13(DC): Suitable person (Day Care)
Registered persons are responsible for ensuring that:
All Staff
13.1 (DC) Day care providers and any staff employed by them are suitable to look after children up to the age of 12 and have the appropriate skills, experience and qualifications to meet the needs of the children.
13.2 (DC) All staff are mentally and physically capable of caring for children.
13.3 (DC) Day care providers and any staff employed by them, and any other person aged 16 years or over who lives, works (including on a voluntary basis) or is otherwise present on the relevant premises and has, or is likely to have, regular contact with the children, has undergone a vetting procedure which complies with the Regulations and includes a Disclosure Barring Service (DBS) enhanced disclosure check. All checks must be completed before persons start working or having regular unsupervised contact with children.
13.4 (DC) Percentages for qualified and unqualified staff must be met across the setting as a while, 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 disabled children and children with additional support needs. Each room is staffed with suitably qualified, skilled and experienced persons.
13.5 (DC) Minimum adult : child ratios must be met. Additional staff may be deployed, exceeding the minimal adult : child staffing an qualifications rations where specific support is identified to meet children’s individual needs, or to enhance the quality of care
Person in Charge
13.6 (DC) 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.
13.7 (DC) Within a day care setting for children between the ages of 0 to 12 years, the person in charge should hold both:
a) At least a level 3 childcare qualification recognised on the Social Care Wales’s Qualification Framework
AND
b) At least a level 3 playwork qualification or a smaller award as recognised on The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersedes this).
13.8 (DC) Within a play provision for children from 5 years old up to the age of 12 years, the person in charge should hold at least a level 3 playwork qualification recognised on The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersedes this).
13.9 (DC) Within a holiday play scheme, the person in charge should hold:
a) At least a level 3 playwork qualification, as set out in The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork(or any lists which supersedes this).
OR
b) At least a level 3 qualification in a related sector
AND
c) The Managing a Holiday Play Scheme Award, as set out in The Playwork Education and Training Council for Wales List of Required Qualifications for Playwork (or any lists which supersedes this).
Other Staff (Qualifications)
13.10 (DC) For sessional care
a) At least 40% of all ‘other staff’ holds a qualification at least at level 2 from 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. 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 sessional care settings at least 50% of all ‘other staff’ must be qualified or working towards a qualification.
A member of staff will be considered to be “working towards” a qualification if all the following conditions are met:
- The Registered Person is satisfied the individual is competent and responsible.
- There is tangible evidence that the individual is actively working towards a level 2 or 3 qualification (e.g., evidence of enrolment on a relevant course) and that there is an agreed timescale for gaining the required qualification (up to 3 years).
- The individual has completed induction training relevant to their role, including the Social Care Wales All Wales Induction Framework or are undertaking such training.
- The individual is working closely alongside staff who are qualified to the required level.
13.11 (DC) For full day care:
a) At least 60% of ‘other staff’ to hold a qualification at least at level 2 on the Social Care Wales’s Qualification Framework AND at least half of these have a qualification at level 3. (For full day care settings for children between the ages of 0 to 12 years, staff may also be required to hold a qualification as recognised on 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).
b) At least another 20% of all ‘other staff’ must be “working towards” a level 2 or 3 qualification.
c) Unqualified or volunteer staff members cannot exceed 20% of total staff.
In full day care settings at least 80% of all ‘other staff’ must be qualified or working towards a qualification.
A member of staff will be considered to be “working towards” a qualification if all the following conditions are met:
- The Registered Person is satisfied the individual is competent and responsible.
- There is tangible evidence that the individual is actively working towards a level 2 or 3 qualification (e.g., evidence of enrolment on a relevant course) and that there is an agreed timescale for gaining the required qualification (up to 3 years).
- The individual has completed induction training relevant to their role, including the Social Care Wales Induction framework for early years and child care or are undertaking such training;
- The individual is working alongside staff who are qualified to the required level.
Social Care Wales’s Qualification Framework describes which qualifications are required for different childcare settings and staff within these settings.
PETC Wales have developed a flowchart which describes which qualifications are required for playwork in different settings and staff within these settings.
This means in practice for example, discounting the Person/s in Charge:
If there are 14 members of staff in a setting:
- At least 60% of these will need a qualification of at least Level 2 – In this example 9 members of staff; And at least half of these would need to hold at least a Level 3 – In this example 5 members of staff.
- At least 20% of total staff members must be “working towards” a level 2 or 3 qualification and counted in the staff qualification ratios – In this example that would mean 3 members of staff.
- with the remaining 2 staff members being volunteers or trainees, paid or unpaid.
Settings round up to the nearest whole number of staff.
13.12 (DC) In settings caring for under 2s:
- Staff caring for babies are competent to do so.
- At least 50% of staff caring for babies have received training in this specific area.
- The person in charge of the babies’ room has at least two years’ experience of working with children under 2 years.
- Arrangements for staffing minimise the number of carers for an individual child (see standard 8.6).
To assist providers, the principal regulatory requirements underpinning this standard are outlined below, followed by relevant guidance. Providers should note that neither list is exhaustive, and that providers must have regard to all standards relevant to their service and the circumstances concerned.
Related Regulations
Regulation 6 – Registered person: suitability and relevant parts of Schedule 1 and Schedule 2
Regulation 7 – Appointment of a person in charge
Regulation 8 – Person in charge: suitability (Day care) and relevant parts of Schedule 1 and Schedule 2
Regulation 9 – Registered person: general requirements
Regulation 20 – Safeguarding and promotion of welfare
Regulation 28 – Suitability of workers and relevant parts of Schedule 1 and Schedule 2
Regulation 29 – Employment of staff
Regulation 30 – Keeping of records and Schedule 3 – Records to be maintained
Further Guidance and Support
Social Care Wales provide further information on good practice in the recruitment, management, and supervision of staff
Social Care Wales Induction framework for early years and childcare
Social Care Wales’s Qualification Framework
Annex A - Guidance for Child minder Assistants, for further information about working with an assistant.
