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Work matters: Welfare requirements: Part 7 - Fulfilling a role

Management
More legal requirements for the employment of childcare staff are outlined in our series on the EYFS framework by Laura Henry. The 'suitable people' requirement in the Statutory Framework for the Early Years Foundation Stage (see box) includes 'Qualifications, training, skills and knowledge' and 'Acohol/other substances' among the five overarching legal requirements.

Qualifications, training, skills and knowledge

Links to:

- Every Child Matters Outcome: Helping to keep children safe

- Former National Standards: 1 - Suitable Person, 2 - Organisation, 6 - Safety, and 14 - Documentation

Overarching general requirement

Adults looking after children must have appropriate qualifications, training, skills and knowledge

Specific legal requirements

Policies and procedures that need to be in place:

- Recruitment policy and procedures

Operational issues

- All childminders must have attended a training course within six months of registration and hold a current paediatric first aid certificate, at the point of registration. See Practice Guidance for the EYFS (page 15)

- Managers and supervisors must hold a full and relevant level 3 qualfication and half of the other staff must hold a level 2, as defined by the CWDC.

Statutory guidance

Policies and procedures that need to be in place:

- Continuous personal and professional development policy

- Induction policy

Operational issues

- The training course that childminders attend must be approved by the local authority. It is the registered childminder's responsibility to supervise any assistant. The childminder is also accountable and must be satisfied that their assistant is competent in their role.

- Managers in a daycare setting should have at least two years' experience of working in an early years setting or two years' other suitable experience.

- Practitioners should be aware of their roles and responsibilities in their day-to-day role in order to provide a suitable and safe learning environment for the children in their care.

- All staff should be supported in obtaining a relevant level 3 qualification, as defined by CWDC.

- All staff should have induction training, which includes raising their awareness of operational issues and all policies and procedures.

- Staff should receive regular training in line with their continuous personal and professional development.

- Training should be accessed via the local authority and other sources, that meets the individual training needs of the practitioners and supports the setting to achieving the best outcomes for children in their care.

Alcohol/other substances

Links to:

- Every Child Matters Outcome: Helping to keep children safe

- Former National Standards: 1 - Suitable Person, 2 - Organisation, 6 - Safety and 14 - Documentation

Overarching general requirement

Providers must ensure adults looking after children, or having unsupervised access to them, are suitable to do so.

Specific legal requirements

Policies and procedures that need to be in place:

- Alcohol/other substances

Operational issues

Practitioners working with children must not be under the influence of alcohol or any other substance that may affect their ability to care for children.

Points to consider:

- Alcohol/other substances taken prior to commencing duty

- Disciplinary action that would be taken should a member of staff be under the influence

- The action the nursery would take if a member of staff was found in possession of an illegal drug.

Statutory guidance

Policies and procedures that need to be in place:

- Alcohol/other substances

Operational issues

- Considerations if any member of staff has to use prescription or over-the-counter drugs for medicinal purposes and if they know that the effects might impair or might have impaired their judgement in a physical sense (balance, sight, speech, etc) or psychological sense (muddled thinking) or emotional/behavioural sense, they have a duty to inform their line manager, who will take steps to support that person at work in the most appropriate way, or withdraw them from duty until they have recovered.

Next article: Suitable premises, environment and equipment, 15 May

- Laura Henry can be contacted at info@childcareconsult.co.uk

WELFARE REQUIREMENTS

SUITABLE PEOPLE

'Suitable People' is the second group of welfare requirements contained in the Statutory Framework for the Early Years Foundation Stage (pages 29-32).

Each requirement is split into three sections:

1. The overarching general legal requirements - a general statement of requirements.

2. Specific legal requirements - which providers must comply with.

3. Statutory guidance - which providers should have regard to.

Parts of the requirements apply only to group provision, but these are clearly indicated.

CASE STUDY

The importance of highly qualified and experienced staff is strongly recognised at Kinderland day nursery in Croydon. All staff are encouraged to attend regular training in a variety of childcare subjects. This training takes place with the early years team plus other training providers.

Manager Mary Ferrigan says, 'Training takes place during staff meetings, or in the case of outside courses, during times that are agreed with the providers.

'A staff training day is held annually to enable the whole team to train together. This develops positive practice and allows the team to update their knowledge.

'We assist local colleges with student placements and all students are mentored by members of the senior team. Assessors are encouraged to visit and monitor the student to enable them to achieve a positive outcome and gain a successful qualification.

'The senior team meets weekly to discuss and action nursery developments and training.'

FURTHER INFORMATION
- www.crb.gov.uk
- www.cwdcouncil.org.uk
- www.opsi.gov.uk
- www.teachernet.gov.uk/publications (download EYFS)
- www.everychildmatters.gov.uk
- www.ofsted.gov.uk
- www.dcsf.gov.uk
- www.dh.gov.uk

Laura Henry, managing director, Childcare Consultancy Ltd.