Moved by
Baroness Jones of Whitchurch
35Y: After Clause 73, insert the following new Clause—
“Staff to child ratios: Ofsted-registered non-domestic childminder
(1) This section applies to Ofsted-registered, non-domestic childcare settings.
(2) For children aged under two—
(a) the ratio of staff to children must be no less than one to three;
(b) at least one member of staff must hold a full and relevant level 3 qualification, and must be suitably experienced in working with children under two;
(c) at least half of all other members of staff must hold a full and relevant level 2 qualification;
(d) at least half of all members of staff must have received training in care for babies; and
(e) where there is a dedicated area solely for children under two years old, the member of staff in charge of that area must, in the judgement of their employer, have suitable experience of working with children under two years old.
(3) For children between the ages of two and three—
(a) the ratio of staff to children must be no less than one to four;
(b) at least one member of staff must hold a full and relevant level 3 qualification; and
(c) at least half of all other members of staff must hold a full and relevant level 2 qualification.
(4) Where there is registered early years provision, which operates between 8 am and 4 pm, and a member of staff with Qualified Teacher Status, Early Years Professional Status or other full and relevant level 6 qualification is working directly with the children, for children aged three and over—
(a) the ratio of staff to children must be no less than one to 13; and
(b) at least one other member of staff must hold a full and relevant level 3 qualification.
(5) Where there is registered early years provision, which operates outside the hours of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a member of staff with Qualified Teacher Status, Early Years Professional Status or other full and relevant level 6 qualification is not working directly with the children, for children aged three and over—
(a) the ratio of staff to children must be no less than one to eight;
(b) at least one member of staff must hold a full and relevant level 3 qualification; and
(c) at least half of all other staff must hold a full and relevant level 2 qualification.
(6) In independent schools where—
(a) a member of staff with Qualified Teacher Status, Early Years Professional Status or other full and relevant level 6 qualification;
(b) an instructor; or
(c) a suitably qualified overseas-trained teacher is working directly with the children, for children aged three and over—
(i) for classes where the majority of children will reach the age of five or older within the school year, the ratio of staff to children must be no less than one to 30;
(ii) for all other early years classes the ratio of staff to children must be no less than one to 13; and
(iii) at least one other member of staff must hold a full and relevant level 3 qualification.
(7) In independent schools where there is—
(a) no member of staff with Qualified Teacher Status, Early Years Professional Status or other full and relevant level 6 qualification;
(b) no instructor; or
(c) no suitably qualified overseas-trained teacher, working directly with the children, for children aged three and over—
(i) the ratio of staff to children in early years classes must be no less than one to eight;
(ii) at least one member of staff must hold a full and relevant level 3 qualification; and
(iii) at least half of all other members of staff must hold a full and relevant level 2 qualification.
(8) In maintained nursery schools and nursery classes in maintained schools (except reception classes)—
(a) the ratio of staff to children must be no less than one to 13;
(b) at least one member of staff must be a school teacher as defined by section 122(3) of the Education Act 2002 (power to prescribe pay and conditions) and Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003 (qualified teacher status requirements); and
(c) at least one other member of staff must hold a full and relevant level 3 qualification.
(9) The Secretary of State may make provision in statutory guidance to—
(a) define qualifications as “full and relevant”; and
(b) define “suitable experience” for those working with children under two.
(10) If HM Chief Inspector of Education, Children’s Services and Skills is concerned about the quality of provision or the safety and wellbeing of children in a setting, he may impose different ratios.”