Health and Safety in Early Years and Childcare. Bernadina Laverty

ratios can only include staff aged 17 or over. Students on long-term placements, apprentices or volunteers may be included in ratios provided they have demonstrated competence. You may be required to produce evidence, such as supervision notes, to support your assessment of competence.

      

Law

      Health and safety legislation applies here for staff aged under 18.

      

EYFS 3.29 and CR 1.7, CR 1.10 and CR 1.12

      Only staff working directly with children can be counted in ratios and qualification requirements. CR 1.7 outlines that at least two suitable persons who have attained the age of 18 are present on the premises at all times.

      

Remember

      From September 2012, in most cases, Ofsted no longer sets out the numbers and ages of children that registered providers may care for through conditions of registration. Registered providers decide how many children they can care for in line with the legal requirements. Ofsted will check you continue to meet the requirements at inspection. For full details on the numbers and ages of children that providers on the Early Years and Childcare Registers may care for, including exceptions, see http://www.ofsted.gov.uk/resources/factsheet-childcare-numbers-and-ages-of-children-providers-early-years-and-childcare-registers-may-care-for.

      Ratios need to be met at all times of the day. Sometimes the beginning and end of day, can be difficult to plan for. For example, if staff are late, or need to leave early. You must ensure you have contingency plans in place.

      

Remember

      Administration staff based in an office, a cook working in a kitchen or an off-site committee member cannot be counted as part of the daily ratios.

      

EYFS 3.30–EYFS 3.38

      The EYFS outlines specific guidance on qualifications levels dependent upon age of children and hours of operation. Qualifications need to be classed as full and relevant – working towards a qualification does not meet the requirement for ratios.

      Childminders

      The above guidance applies to childminders, who also need to consider:

      

EYFS 3.39-EYFS 3.41

      Childminders may care for a maximum of six children under the age of eight at any one time. Within this number you can care for three ‘young’ children, with only one of whom can be a baby under 12 months (a young child is classed as young until 1 September following their fifth birthday).

      

CR 1.10 and CR 1.11

      Childminders and home childcarers must be aged 18 or over and childminders must ensure that anyone aged under 18 caring for children is supervised at all times by a person who has reached the age of 18.

      

EYFS 3.40

      Exceptions may be made to ratios if the childminder needs to care for young siblings, such as twins. Childminders need to demonstrate to parents and carers and, inspectors, that every child’s individual needs can still be met. Children under five who attend full-time school and attend the setting for after school and holiday care would not be classed as a ‘young’ child.

      

EYFS 3.41

      If a childminder employs an assistant, they must have written permission from parents and carers for the assistant to have any sole charge of their children. Assistants may only have sole charge of children for no more than two hours in total, in a single day. For more information see ‘Factsheet: childcare - Childcare on domestic premises’. http://www.ofsted.gov.uk/resources/factsheet-childcare-childcare-domestic-premises

      

Law

      You must not assume that you can care for all children from the same family if this would breach ratios. You must inform Ofsted of your intentions and allow an assessment to be made. Twins count as two children, therefore caring for twin babies without prior approval could mean that you are committing an offence. This could also make your public liability insurance invalid.

Key person

      

EYFS 1.11 and EYFS 3.26

      Each individual child must be assigned a key person who understands their role and responsibilities to meet children’s individual needs. Each child’s specific temperament, interests, routines and preferred way of learning must be respected and planned for by the key person. The key person needs to build trusting relationships with children’s families to:

      •exchange information

      •meet children’s individual needs

      •instigate support, advice and guidance as required

      •safeguard children.

      Careful planning is required before children start at a setting. Organising pre-visits helps children to become familiar with the new experience and can ease separation anxiety.

      

Remember

      Make sure rota planning offers consistency and enables key people to ‘meet and greet’ children and their families. You may devise a back-up key person system so children still enjoy secure relationships when staff are absent.

      Childminders

      The above guidance applies to childminders who also need to consider:

      

EYFS 3.26

      In the home environment, the childminder is the key person and the above guidance applies. Pre-visits should also be considered by childminders in order to develop relationships and establish the support children and their families will need in order to feel settled and secure.

Disqualification

      

EYFS 3.14–EYFS 3.16, CR 2.3 and CR 12.1

      If a person becomes disqualified they are no longer able to:

      •work in an early years setting

      •be involved in the management of an early years setting.

      If employers becomes aware of changes in an individual’s circumstances that may lead to disqualification, they must act. Employers must safeguard children and no longer employ the individual concerned. In some circumstances, a waiver can be applied for, but the individual must not be employed until a waiver has been granted.

      

Law

      Employers need to ensure all staff continue to be suitable to work with children. This includes directors, committee