My Lords, I thank the noble Baronesses, Lady Jones and Lady King, for their amendment in relation to Clause 74, and I am delighted to be able to speak about this measure, which will reduce the bureaucratic and administrative burden on childcare providers.
The amendment would place an additional and specific duty on Her Majesty’s chief inspector to keep the Secretary of State for Education informed about the quality and appropriateness of the facilities and premises used by registered providers of early years childcare. The statutory framework for the early years foundation stage is mandatory for all early years providers, including childminders, and already provides for the safety and suitability of premises, environment and equipment. The EYFS is clear that providers must ensure that their premises, including overall floor space and outdoor spaces, are fit for purpose and suitable for the age of the children cared for, and the activities provided, on the premises. Furthermore, the EYFS is clear that providers must comply with the requirements of health and safety legislation, including fire safety and hygiene. Ofsted already inspects all early years providers against the requirements of the EYFS and will continue to do so.
To ensure the safety of children, childcare providers will still be required to obtain approval from Ofsted before they can operate from new or additional settings. Furthermore, Ofsted will continue to inspect all Ofsted-registered early years settings and carry out sample inspections of later years settings, as it does now.
However, on adding additional premises to an existing registration, Ofsted can use a risk-based approach to decide whether they need to visit all premises before an Ofsted-registered provider can operate from them. For example, where an outstanding provider is acquiring existing childcare premises which are already registered as an early years setting, Ofsted may decide it is not necessary to visit those premises again until the next inspection.
More generally, if Ofsted receives a complaint or has concerns about the quality and appropriateness of the facilities and premises of any of the settings which it regulates, it has the power to take immediate action and can inspect, investigate and suspend settings where necessary. Section 118 of the Education and Inspections Act 2006, which sets out the functions of the chief inspector, including functions relating to early years provision, already places a duty on the chief inspector to inform the Secretary of State of matters connected with activities within his remit, including quality and standards.
Furthermore, if requested to do so by the Secretary of State, the chief inspector must provide the Secretary of State with information or advice on such matters relating to activities within the chief inspector’s remit as specified in the request. The chief inspector can also give advice on any matter within his remit, including advice relating to a particular establishment, institution or agency. Section 118 is wider ranging than early years functions and it would not be appropriate, therefore, to include such a specific or prescriptive measure about early years premises and facilities. However, as part of his annual report, the chief inspector can also include information on the quality and appropriateness of the facilities and premises where he considers it appropriate to do so.
For these reasons, I do not believe there is a case for placing an additional or specific duty on the chief inspector. I hope that the noble Lady has found my explanation reassuring and, on this basis, will withdraw the amendment.