Entry rights for childminding/day care: CA 1989 s. 79U
Authorised persons may enter premises in Wales for child minding/day care. They can inspect, seize evidence, interview. Obstruction is an offence.
Any person authorised for the purposes of this subsection by the Assembly may at any reasonable time enter any premises in . . . Wales on which child minding or day care is at any time provided. Where a person who is authorised for the purposes of this subsection by the Assembly has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time. Authorisation under subsection (1) or (2)— may be given for a particular occasion or period; may be given subject to conditions. A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b— inspect the premises; inspect, and take copies of— any records kept by the person providing the child minding or day care; and any other documents containing information relating to its provision; seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part; require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section; take measurements and photographs or make recordings; inspect any children being looked after there, and the arrangements made for their welfare; interview in private the person providing the child minding or day care; and interview in private any person looking after children, or living or working, there who consents to be interviewed. Section 58 of the Education Act 2005 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so. It shall be an offence wilfully to obstruct a person exercising any such power. Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. In this section— . . . “documents” and “records” each include information recorded in any form.
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
Section 79U gives the Welsh Assembly the power to authorise persons to enter premises in Wales where child minding or day care is provided. The authorised person can enter at any reasonable time. If the authorised person has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part of the Act, they may enter those premises at any reasonable time even if the premises are not registered.
Once inside, the authorised person can inspect the premises, inspect and copy records and documents (including information recorded in any form), seize and remove anything that may be evidence of non-compliance, require assistance, take measurements and photographs, make recordings, inspect the children and the arrangements for their welfare, and interview in private the person providing the care and any person looking after children or living/working there who consents.
The authorised person must produce a duly authenticated document showing their authority if asked. Wilfully obstructing an authorised person exercising these powers is a criminal offence, punishable on summary conviction by a fine not exceeding level 4 on the standard scale.
When it applies
- A local authority inspector arrives at a childminder's home to check compliance with registration conditions.
- An authorised person suspects unregistered day care is being run in a community centre and enters to investigate.
- A childminder refuses to allow an inspector to see records; the inspector seizes them as potential evidence.
- A parent complains about a day care provider, and an inspector interviews the staff in private.
- An inspector takes photographs of the premises to document conditions for a report.
What this section does not say
- This section does not give a right to enter private homes for unrelated purposes, such as general social services investigations.
- It does not apply to child minding or day care in England (that is covered by section 79Q).
- It does not govern the rights of parents to inspect premises or records.
- It does not allow entry without proper authorisation from the Assembly.
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This page reproduces the text of CA 1989 s. 79U 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.