Review of day care and child minding: CA 1989 s. 19
Local authorities must review day care and childminding for under-8s at least every year initially, then every three years, and publish results.
Every local authority in England and Wales shall review— the provision which they make under section 18; the extent to which the services of child minders are available within their area with respect to children under the age of eight; and the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under Part XA . A review under subsection (1) shall be conducted— together with the appropriate local education authority; and at least once in every review period. Every local authority in Scotland shall, at least once in every review period, review— the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and the extent to which the services of child minders are available within their area with respect to children under the age of eight. In conducting any such review, the two authorities or, in Scotland, the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area. In this section— “ relevant establishment ” means— in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales); “ review period ” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement. Where a local authority have conducted a review under this section they shall publish the result of the review— as soon as is reasonably practicable; in such form as they consider appropriate; and together with any proposals they may have with respect to the matters reviewed. The authorities conducting any review under this section shall have regard to— any representations made to any one of them by any relevant Health Authority, Special Health Authority , Primary Care Trust or health board; and any other representations which they consider to be relevant. In the application of this section to Scotland, “ day care ” has the same meaning as in section 79 and “ health board ” has the same meaning as in the National Health Service (Scotland) Act 1978.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section requires local authorities in England, Wales, and Scotland to regularly review the day care and childminding services available for children under the age of 8. The review covers both the local authority's own provision and that of other registered providers.
The review must be conducted together with the appropriate local education authority (in England and Wales) at least once in each review period. The first review period is one year from the commencement of this section, and every subsequent period is three years. The authority must publish the results along with any proposals.
When conducting the review, the authorities must have regard to representations from relevant health authorities, Primary Care Trusts, or health boards, and any other relevant representations. The section also defines "relevant establishment" as those exempt from registration under Schedule 9 (Scotland) or Schedule 9A (England and Wales).
When it applies
- A local council in England reviews whether there are enough childminders in a town and publishes a report with proposals to increase provision.
- A Welsh local authority and the local education board jointly review the day care centres for children under 8 in their area.
- A Scottish council reviews the day care provided by the council itself and by registered childminders, and considers feedback from the health board.
- A parent complains that the council's review did not consider the needs of disabled children, but the council says it had regard to health authority representations.
What this section does not say
- This section does not set the standards or registration requirements for childminders or day care providers (those are under Part XA and associated regulations).
- It does not give parents a right to demand specific day care services or to challenge the review outcome directly.
- It does not apply to day care provided for children aged 8 or older.
- It does not require the review to include private unregistered arrangements between parents and babysitters.
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This page reproduces the text of CA 1989 s. 19 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.