CHILDREN AND YOUNG PERSONS, ENGLAND Citation, commencement and application 1 1 These Regulations may be cited as the Child Minding and Day Care (Disclosure Functions) (England) Regulations 2004 and shall come into force on 30 th December 2004. 2 These Regulations apply only in relation to England. Interpretation 2 In these Regulations— “ the Act ” means the Children Act 1989; “associate” means any person, other than a childcare provider— looking after, or likely to be looking after, children on, or living or employed or otherwise working on, any relevant premises; “authorised person” means a person authorised for any of the purposes of section 79U of the Act; “childcare provider” means a child minder or a day care provider and includes a person who was a childcare provider but who, at the time of any request for, or provision of, information pursuant to these Regulations, is not providing childcare; and “childcare” shall be construed accordingly; “early years development and childcare partnership” means a partnership established under section 119 of the School Standards and Framework Act 1998 ; “enforcement action” includes the serving of any notice, and the imposition of any requirement or condition, upon a childcare provider, any suspension of registration and any application pursuant to section 75 or section 79K to a justice of the peace (protection of children in an emergency); “local government area” has the meaning given in section 270 of the Local Government Act 1970 , save that the words “Greater London” shall be omitted for this purpose; “relevant premises” means, in relation to a childcare provider, any premises on which he is, or is likely to be, or was at a material time, providing childcare; “setting”, in relation to childcare, means the premises on which childcare takes place or, as the case may be, is intended to take place, or took place at a material time, together with any equipment and personnel associated with the provision of that childcare. Function of disclosure of information 3 The Chief Inspector shall disclose information relating to child minding and day care in accordance with these Regulations. General provisions in relation to the function of disclosure 4 1 Nothing in these Regulations shall be taken as requiring the Chief Inspector to disclose information, or as the case may be, further information— a in circumstances where he is not satisfied that the interests of a child, or children generally, will be served by the disclosure; or b subject to paragraph (2), on any occasion where the information, or further information, has already been disclosed by him to the person or organisation to whom it would fall to be disclosed; or c where the information, or further information, is available to that person or organisation by other means reasonably at their disposal; or d where to disclose the information would, in the opinion of the Chief Inspector, involve disproportionate effort or expense. 2 Paragraph (1)(b) shall not apply in the case of disclosure of information or further information— a under regulation 6 or 7 where the prior disclosure was made under regulation 8; or b under regulation 8 where the prior disclosure was made under regulation 6 or 7. 3 Nothing in these Regulations shall be taken as requiring the Chief Inspector— a to disclose information or, as the case may be, further information where it appears to him that the information is or may be sought in contemplation or furtherance of civil proceedings against him or any other person or body; or b to disclose information which he is required under any enactment other than the Data Protection Act 1998 , by any rule of law or by the order of a court not to disclose. Disclosure to parents 5 1 In this regulation, “parent” means a person who is, or has been a parent of, or has, or has had, parental responsibility for, a child. 2 The Chief Inspector shall, in response to a written request by a parent of a child who is or, at any time prior to the request, was being— a looked after by a registered child minder; or b provided with care by a registered day care provider, for information relating to that childcare provider, provide that parent with such information of a kind falling within paragraph (3) in his possession as he considers appropriate to meet that request. 3 The information referred to in paragraph (2) shall be— a information concerning the setting for the childcare provided by that childcare provider; b the date of, purpose of, and any conditions attaching to, the registration of the childcare provider; c information relating to the quality of the childcare obtained by an authorised person; d information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act. 4 Nothing in this regulation shall require the Chief Inspector to disclose to the parent the following information— a information as to the identity of a child other than a child of the parent without the consent of a parent of the child identified; b information as to the identity of a parent or relative of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified; c information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it. Disclosure to childcare organisations 6 1 In this regulation, “childcare organisation” means one of the organisations listed in the Schedule to these Regulations. 2 In this regulation, “area”, except in the definition of “relevant qualification”, means geographical area; “relevant childcare provider” means, in relation to a childcare organisation, a childcare provider who provides, or may, in the opinion of the Chief Inspector having regard to information at his disposal, be about to provide childcare within— the area within which the childcare organisation provides its services; or the areas of any childcare organisations that are adjacent to that area, (and “relevant childcare” shall be construed accordingly); “relevant qualification” means a qualification evidencing competence or level of competence in an area that is, or areas that are, or in the opinion of the Chief Inspector may be, relevant to the assessment of the childcare provider’s suitability; and “relevant services” means services of the childcare organisation acting in that capacity provided to the public within an area within which the childcare provider provides or may, in the opinion of the Chief Inspector having regard to information at his disposal, be about to provide childcare. 3 The Chief Inspector shall provide a childcare organisation— a at reasonable intervals, and otherwise b in response to a request in writing from that organisation, with so much of the information listed in sub-paragraph (4) as is in his possession relating to relevant childcare providers. 4 The information referred to in sub-paragraph (3) is— a the names of the childcare providers; and b in relation to each childcare provider— i any unique reference number or other identifier used by the Chief Inspector; ii the date and purpose of registration, in so far as it relates to the provision of relevant childcare; iii the date and number of any current certificate of registration; iv the business name, if any, under which the childcare is, or is to be, provided; v the address of the childcare provider; vi the address, if different from the address at (v), of any premises at which relevant childcare is, is to be, or may be provided vii any telephone number, fax number or e-mail address of the childcare provider or of the premises supplied to the Chief Inspector by the childcare provider; viii any relevant qualifications. 5 The Chief Inspector shall, upon the taking of any enforcement action against a childcare provider by the Chief Inspector or by an authorised person, provide to any childcare organisation he considers appropriate information of the kind falling within sub-paragraph (7)(d). 6 The Chief Inspector shall, in response to a written request from a childcare organisation providing relevant services for information relating to a childcare provider named in the request, provide that organisation with such information of a kind falling within paragraph (7) in his possession as he considers appropriate to meet that request. 7 The information referred to in paragraphs (5) and (6) shall be— a information concerning the setting for relevant childcare provided by that childcare provider; b the date of, purpose of, and any conditions attaching to the registration of the childcare provider in respect of that childcare; c information relating to the quality of the childcare obtained by an authorised person; d information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act. 8 Nothing in this regulation shall require the Chief Inspector to disclose the following information— a information as to the identity of any child to whom childcare is or has been provided without the consent of a parent of the child identified; b information as to the identity of a parent or relative of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified; c information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it. 9 For the purposes of paragraphs (3), (5) and (6), disclosure by the Chief Inspector to any person carrying out services of a childcare organisation on behalf of that organisation shall be treated as disclosure by the Chief Inspector to that organisation. Disclosure to child protection agencies and police forces 7 1 In this regulation, “child protection agency” includes any body or authority exercising within the United Kingdom statutory functions relating to the protection of children. 2 The Chief Inspector shall, if he considers it appropriate having regard to the welfare of any child or children, disclose to such child protection agencies and police forces as he considers appropriate any information of a kind falling within paragraph (3). 3 The information referred to in paragraph (2) shall be— a information obtained in the course of ascertaining the suitability of a person to be a childcare provider or, as the case may be, an associate of a childcare provider; b information obtained by an authorised person; c information connected with any enforcement action taken against a childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act. 4 Without prejudice to the generality of paragraph (2), the Chief Inspector shall, in response to a written request from a child protection agency or a police force for information relating to a person named in the request— a if that person is, or has been, a childcare provider or an associate of a childcare provider, or b if that person’s suitability to be a childcare provider or an associate of a childcare provider has been considered by him, provide that agency or, as the case may be, that police force with such information of a kind falling within paragraph (5) in his possession as he considers appropriate to meet that request. 5 The information referred to in paragraph (4) shall be— a information concerning the setting for the childcare provided by that person; b if the person has at any time been a registered childcare provider, the date of, purpose of, and any conditions attaching to the registration; c information obtained in the course of considering the suitability of the person to be a childcare provider or, as the case may be, the associate; d other information about the person or, in the case of a person who has acted as a childcare provider, the setting in which the childcare was provided obtained by an authorised person; e information concerning any child receiving childcare from that person or in that setting; f information as to any enforcement action taken against the person by the Chief Inspector, by an authorised person or by a local authority acting under Part X of the Act. 6 For the purposes of paragraph (2), disclosure by the Chief Inspector or by an authorised person to any person having authority or ostensible authority to receive on behalf of a child protection agency or, as the case may be, a police force the information so disclosed shall be treated as disclosure by the Chief Inspector to the agency or police force in question. Disclosure to other government departments and local authorities 8 1 In this regulation— “government department” includes a Northern Ireland department and any body or authority exercising functions on behalf of the Crown; and “local authority” means a local authority acting in pursuance of any of its statutory functions other than those functions to which regulation 6 relates. 2 The Chief Inspector shall, in response to a written request from another government department for information relating to a childcare provider named in the request, provide that government department with such information of a kind falling within paragraph (3) in his possession as he considers appropriate to meet that request. 3 The information referred to in paragraph (2) shall be information concerning— a the setting for the childcare provided by the childcare provider; b the date of, purpose of, and any conditions attaching to the registration of the childcare provider; c information relating to the quality of the childcare provided obtained by an authorised person; d information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person or by a local authority acting under Part X of the Act. 4 Nothing in this regulation shall require the Chief Inspector to disclose the following information— a information as to the identity of any child to whom childcare is or has been provided without the consent of a parent of the child identified; b information as to the identity of a parent of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified; c information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it. 5 The Chief Inspector shall, in response to a request in writing from another government department or a local authority, provide that department or authority with so much of the following information as is in his possession relating to childcare providers registered under section 79F of the Act at the date of the request as is needed to meet the request— a the names of the childcare providers; and b in relation to each childcare provider— i any unique reference number or other identifier used by the Chief Inspector; ii the date and purpose of registration, in so far as it relates to the provision of relevant childcare; iii the date and number of any current certificate of registration; iv the business name, if any, under which the childcare is, or is to be, provided; v the address of the childcare provider; vi the address, if different from the address at (v), of any premises at which relevant childcare is, is to be, or may be provided; vii any telephone number, fax number or e-mail address of the childcare provider or of the premises supplied to the Chief Inspector by the childcare provider; and viii any relevant qualifications. 6 The information that may be provided to a local authority under paragraph (5) shall be limited to such information as relates to childcare providers in the area administered by that authority and the local government areas adjacent to that area. Margaret Hodge Minister of State Department for Education and Skills 25th November 2004