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The Apprenticeships, Skills, Children and Learning Act 2009 - how does it affect Sure Start?
12 January 2010
Today sees changes to sections of The Apprenticeships, Skills,
Children and Learning Act 2009 (2009 Act) which relate to
children’s centres (sections 198 to 201).
The question is; what exactly does this mean for children’s
centres and will it change anything?
Children’s centres – legally defined
Section 198 of the 2009 Act inserts additional extended
provisions into the Childcare Act 2006 (the 2006 Act). Primarily it
stipulates that English local authorities must ensure that
children’s centres meet the ‘local need’ - in essence, the ‘need’
within their geographical area. In addition, for the first time,
Sure Start Children’s Centres are being given a ‘statutory footing’
by having a full definition within the now amended 2006 Act. This
definition recognises the importance of children’s centres and sets
out the minimum level of service a children’s centre should offer.
However, it is very widely drawn and clearly aimed at being as
flexible as possible in interpreting what constitutes a ‘children’s
centre’, allowing many different types of facility to qualify as a
children’s centre.
Guidance from the Department for Children, Schools and Families
(DCSF) suggests that most children’s centres will be expected to
offer a much wider variety of children’s services than the
definition specifies, however the lesser requirements will arguably
allow most Children’s Centres to fall well within the legal
definition.
The definition also refers to children’s centres which are
“managed by or on behalf of, or under arrangements made with,
an English local authority, with a view to securing that early
childhood services in their area are made available in an
integrated manner” (Section 198 – subsection 5A (4) (a)). This
should cover the situation where the local authority runs the
children’s centre itself, but also where a third party such as a
charity, primary care trust (PCT) or other children’s services
partner assumes responsibility for delivery of the Sure Start
services, for example under a service level agreement or other
contractual arrangement.
It appears that no formal designation is needed but, if a centre
falls within the definition and offers the appropriate services; it
will be considered a children’s centre within the legislation.
The new statutory basis of children’s centres therefore
recognises their importance to local communities, and sets out in
law what has recently become considered to be good practice.
Advisory boards
Section 198 reinforces the governments interest in children’s
centre advisory boards. The 2006 Act is amended to provide that the
responsible local authority must ensure children’s centres fall
within the remit of an advisory board. The intention being that the
advisory board will give advice and assistance to the children’s
centre to assist with effective operation. Advisory boards are not
a new concept for children’s centres, however the introduction of
these advisory boards through the 2009 Act will now place the local
authority under a statutory duty to procure their role in each
children’s centre.
The 2009 Act does not however set up advisory boards as a
separate legal entity in their own right, and therefore they are
not envisaged to have any of their own legal powers or duties. The
advisory board must be set up with representatives from the various
interested parties. Therefore, members should come from the
children’s centre itself, the local authority, and can also be
parents and/or prospective parents. Local authorities are
encouraged to also include representatives from other children’s
centre partners such as PCTs, health visitors, members of the
Children’s Trust Partnership and other private care partners.
Whilst there is no statutory limit to the number of members in
an advisory board, the DCSF suggests between ten to 15 members,
with an independent chair of the board. Each children’s centre does
not necessarily have to have its own advisory board; it will be
sufficient to have a board that serves several children’s centres
at one time.
The 2009 Act also imposes duties on local authorities relating
to the provision of services through children’s centres,
consultation and inspection and it would be prudent for local
authorities to consider the impact these provisions will have.
Safeguarding
Of course, it goes without saying that this new legislation has
no impact on the importance of safeguarding within children’s
centres. The Safeguarding Vulnerable Groups Act 2006 which led to
the creation of the Independent Safeguarding Authority (ISA) means
that from November this year, those working with children or
vulnerable adults will have to register with the ISA before they
will be allowed to begin work. For the moment, this only applies to
new employees entering the sector or those moving to a new
employer. A ‘phased’ registration of all other employees and
volunteers working in the sector will begin soon (likely to be next
year) with a view to the registration process being completed by
July 2015.
Section 200 of the 2009 Act specifically includes the newly
statutorily defined children’s centres in the list of
establishments referenced in the 2006 Act.
From November 2010, it will be a criminal offence to employ
someone at a children’s centre who is not registered with the ISA.
Whilst this may seem a long way off, now is the time to start
considering your employment practices and preparing for
registration. The registration process begins in July 2010 and with
only four months for all eligible staff to register, there is
likely to be a ‘bottleneck’ of applications. Therefore, the earlier
you register the better.
If there are any questions which arise as a result of reading
this article, please do not hesitate to contact us.
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