The consultation, announced last week by assembly health and social services minister Jane Hutt, will involve a wide range of professional and voluntary organisations working with children.
The Disqualification for Caring for Children (Wales) Regulations are part of a reform of the regulatory regime affecting a broad spectrum of social care and independent healthcare services. The regulatory functions will be undertaken by the Care Standards Inspectorate for Wales (CSIW), a new division within the Assembly, which will not be involved in providing or commissioning care. The changes follow the Care Standards Act 2000.
At the heart of the proposals is a toughening of the procedure for disqualifying individuals from childminding and daycare. Anyone disqualified under the proposals would not be allowed to register to foster a child privately or work as a childminder, nor would they be able to manage or have a financial interest in a children's home or daycare setting. Under existing arrangements local authorities can grant a 'waiver' to lift the ban on someone childminding, fostering privately, working in a children's home or in daycare provision.
In a significant strengthening of the safeguards, the CSIW will have the power to lift a ban on fostering or involvement in a children's home, but the consultation document says the waiver 'will not apply to individuals who wish to register as childminders or be involved in the provision of daycare services for children'.
However, the document adds, 'Consideration is also being given to the feasibility of saving existing waivers so that those existing providers and employees who would otherwise be disqualified but have the benefit of a waiver under the current regime would not be disadvantaged by the change to the new regime.'
The document also asks if someone subject to a hospital order or guardianship order under the Criminal Procedure Act 1991 should be disqualified under the regulations, and whether parents of children who have been the subject of supervision orders should also be disqualified.
The deadline for responses is 14 January. They should be sent to Prys Davies, Care Standards Inspectorate for Wales, National Assembly for Wales, Alexandra Gate, Ffordd Pengam, Tremorfa, Cardiff CF24 2SB (029 2047 8600, CSIWstaff@wales.gsi.gov.uk).