Legislation update
CCInform's legal expert, Ed Mitchell, has provided the latest legislation update.
Childcare Act 2006
- In September 2008, the childcare registration provisions of the Childcare Act 2006 came into force. As a result, childcare in England is now registered with OFSTED under the Childcare Act 2006 rather than under Part XA of the Children Act 1989. Our guide to the Childcare Act 2006 has been amended to reflect this. It should be noted that, from now on, new enforcement action against childcare providers such as nurseries and child minders will take place under the Childcare Act 2006 provisions.
- We have added to our guide to the Childcare Act 2006 links to the transitional legislation which transfers childcare registrations under Part XA of the Childcare Act 1989 (so that they are deemed to be registrations under the Childcare Act 2006).
- Subscribers in Wales should note that the 2006 Act changes do not apply in Wales. Welsh childcare continues to be registered under Part XA of the Children Act 1989 with the Care and Social Services Inspectorate Wales. As a result, we have retained our guide to Part XA of the Children Act 1989 but amended it to make it clear that it now applies only to Wales.
Children Act 1989: Public Law Outline
- Our guide to the Children Act 1989 has been updated so that subscribers can access the new court forms which accompany the Public Law Outline: see section 31 of our guide to the Children Act 1989. All other court forms for family proceedings can also be accessed from section 31 of our guide to the Children Act 1989
Please note, the following Act is awaiting final approval for publication on the site. This will be up on the CCInform site in the next couple of days.
Safeguarding Vulnerable Groups Act 2006
- We have added a new guide: the Safeguarding Vulnerable Groups Act 2006. This will create a new safeguarding regime for children, replacing that currently contained in the Protection of Children Act 1999 and other legislation.
- The 2006 Act is not due to come into force until 12 October 2009, but we thought it was important to upload the guide now to help subscribers begin preparing for implementation of this complex Act.
- This guide will be updated over the coming year, as secondary legislation is made about the detailed operation of the 2006 Act.
- Our guide looks at some of the key implications of the 2006 Act for work with children, including:
- the meaning of "regulated activity" with children (the type of activity controlled by the Act),
- what employers need to do to comply with the Act (in terms of checking workers and making referrals to the new Independent Safeguarding Authority (ISA) where a worker has been, for example, dismissed),
- the personal obligations of social workers, and others working with children, to become 'ISA-registered'."
