Legislation Governing Childcare Services

There are a number of laws in the UK that affect children and childcare services; some are designed to give children certain rights, whilst others are aimed at protecting them from harm. Below is a brief summary of some of the relevant legislation.

The Children Act 1989

This Act aims to protect the child from harm and to work in partnership with parents, ensuring that the welfare of the child is paramount. It forms the legal framework that sets quality standards in most voluntary and private sector children's services, and enables Ofsted to operate a registration and inspection system for the following services:

• Childminders
• Crèches
• Day Nurseries
• Out of School Clubs / Holiday Playschemes
• Playgroups
• Private Nursery Schools

However, childcare provided by nannies, au pairs, and for children over the age of 8 are not registered or inspected.

Ofsted checks the suitability and safety of the building, and also ensures that the staff members are suitable (and anyone else who will come into contact with the children), and that they plan the children's activities to help them enjoy playing and learning. Ofsted also checks that the facility follows the recommended staff:child ratios laid out in the national standards under the Children Act.

Education Act

The first Education Act came into force in 1921, and has been updated a number of times since that date, most recently in 2002. The Education Act covers what children are taught in nursery schools, state nursery classes and maintained schools, along with staff training and qualifications, and inspection regimes.

Protection of Children Act 1999

This Act creates a system for identifying persons considered to be unsuitable to work with children.

Sexual Offences Act 2003

This Act strengthens the Sex Offenders Register and aims to further protect children from sexual crimes, extending the existing abuse of position of trust offences.

United Nations Convention on the Rights of the Child (UNCRC)

The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that states that children are entitled to certain rights, and that governments are obliged to fulfil those rights. The Convention all children and young people (under the age of 18) over 40 substantive rights. These include the right to:

• grow up in an environment of love, happiness and understanding
• develop their talents, abilities and personalities to the fullest potential
• access to services such as education and health care

The UK ratified the Convention on 16 December 1991 and it came into force in the UK on 15 January 1992.

Other Laws that Affect Children

• Data Protection Act 1984
• Disability Discrimination Act 1995
• Equal Pay Act 1970
• Health and Safety at Work Act 1974
• Human Rights Act 1989
• Mental Health Act 1983
• Race Relations Act 1976
• Sex Discrimination Act 1975
• Special Educational Needs and Disability Act 2001