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Penny Tassoni’s Practical EYFS Handbook

Understanding the Welfare Requirements

IntroductionThe Welfare Requirements have replaced the old Care standards and you must read and follow these to the letter. Ofsted will look at how you are meeting the new Welfare Requirements and it is clear from the wording in the overview to Section 3 of the Statutory Framework that no excuses will be allowed:

‘This section sets out the welfare requirements that all early years providers must meet, regardless of type, size or funding of the setting.’ (Statutory Framework for the EYFS, page �9, paragraph 3.�)

This means that if you are a childminder, a setting that is cash-strapped or even a school, no allowances will be made. This is why it is essential to get to grips with the Welfare Requirements as soon as possible. In some cases, settings may need to look at ways in which they are funded and staffed. If you are a childminder, you may need additional training to take you through the planning for the areas of Learning and Development.

While the Welfare Requirements may seem daunting, the good news for children is that they are designed to ensure that they are safe, emotionally secure and stimulated. The idea behind the Welfare Requirements is that children’s needs must come first at all times.

Policies and proceduresAll settings, with the possible exception of childminders, are meant to have written policies that reflect the Welfare Requirements. In practice, this means that you should have a range of policies covering everything from safeguarding children, equality of opportunity, admissions, behaviour, health and safety (which will include outings) and medicines through to data protection and confidentiality. For each policy you are likely to need a set of procedures.

Procedures are step-by-step guidelines for staff and volunteers. These are essential as they help everyone to follow the policy. It may be worth looking at each of the Welfare Requirements and thinking about whether your existing policies link into them or whether you may need to introduce a new policy, for example a key person policy, or update an existing policy.

Making sure staff and volunteers know about the policiesYou must find a way of ensuring that each of your staff and even volunteers know about the policies and procedures in your setting. You may need to think about the way in which you organise your induction, for example. Make sure that each new member has a chance to read through and ask questions about each of the policies. Many settings ask new members of staff to sign a form so that they have evidence that policies have been shown. In addition, it may be worth going through some policies from time to time at staff meetings – it helps everyone to remember what is in them! Staff must also know where policies are

Your Questions Answered

Do I need to read through all the Welfare Requirements?

If you work as a childminder or as part of the management team, you will need to familiarise yourself with all of the Welfare Requirements. If you do not hold this level of responsibility you can probably manage without reading them, but you will need to read pages 32 and 37 of the

Statutory Guidance (covered on pages 38 and 40 of this book) as they significantly impact on your work with children.

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Understanding the Welfare Requirements

kept, although do note that the Statutory Framework states that staff should be given copies of policies and procedures as part of their induction (page 20, paragraph 3.8).

Parents need to know about policies as wellThe Statutory Framework also states that providers should explain and make accessible the setting’s policies and procedures to parents (page 20, paragraph 3.8). You could explain these as part of the admissions process. You might also find it helpful to state some of the key elements of the policies in a brochure for parents.

The general welfare requirementsThe five general welfare requirements for the EYFS are shown in the spider diagram opposite.

Each of these is further broken down into:

• general legal requirements• specific legal requirements• statutory guidance to which providers should have

regard.

Each general welfare requirement is broken down into its key aspects below.

Your Questions Answered

Do childminders need policies?

In theory, no – the Statutory Framework states that if you are a childminder you do not need to have written policies, providing that you know what you would do in any given situation (page 20, paragraph 3.9). In practical terms, however, you might find it helpful to have a folder of policies to show parents when they first come to you. These do not have to be wordy documents, but simply statements that outline what your approach is (the policy) and then what you actually do (the procedure). For more information on policies for childminders, contact your local childminding network or the National Childminding Association (www.ncma.org.uk). Remember that if you use other people’s policies, you will need to adapt them to suit your own circumstances.

Safeguarding and promoting

children’s welfare

Suitable people

THE GENERAL WELFARE

REQUIREMENTS

Organisation

Documentation

Suitable premises, environment and

equipment

Safeguarding and promoting children’s welfareThe diagram on page 32 shows the three general legal requirements for Safeguarding and promoting children’s welfare as well as the areas to which the specific legal requirements and statutory guidance apply.

‘The provider must take necessary steps to safeguard and promote the welfare of children’Safeguarding (page 22)This requirement is all about child protection, and you will need to find out about the requirements of your Local Safeguarding Children Board (LSCB). There is an emphasis here on reporting allegations of abuse immediately, both to Ofsted and your LSCB. For group settings you must have a designated person who can liaise with the LSCB. Note that this person must attend a child protection training course.

In addition, Ofsted will expect to see that all staff have an up-to-date understanding of child protection, or what they refer to as ‘safeguarding children issues’. This means that everyone should know what to do if there was a concern and also how to identify concerns.

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Penny Tassoni’s Practical EYFS Handbook

General welfare requirements

‘The provider must promote the good health of the

children, take necessary steps to prevent the spread

of infection, and take appropriate action when

they are ill.’

‘The provider must take necessary steps to safeguard and promote the welfare of

children.’

‘Children’s behaviour must be managed effectively and in a manner appropriate for their stage of development

and particular individual needs.’

• Medicines• Illness and injuries• Food and drink• Smoking

• Safeguarding• Information and

complaints• Premises and security• Outings• Equality of opportunities

• Behaviour management

Areas to which specific legal requirement and statutory guidance apply

General legal requirements

Safeguarding and promoting children’s welfare

Points to consider

UWho is your designated person? Have they been on a child protection training course?

UDo you have a safeguarding children policy that is up to date?

UAre the contact details of the LSCB available to staff?

UDoes every member of staff know what they should do if they suspect abuse?

UDoes every member of staff know what to look and listen out for?

Information and complaints (page 23)This section is quite substantial and needs carefully working through. The section begins with the requirement that settings should ‘engage’ with and provide information for parents. The term ‘engage’ is an interesting one and is designed to ensure that when parents are given information they have enough time to digest it and to ask questions. The list of information that parents should be provided with is substantial, and you will need to make sure that you have allocated sufficient time to go through it before a child starts at a setting. Some of the information could be provided in a prospectus or booklet about your setting. Some of the information is fairly obvious, but it is worth noting that parents should know what would happen if a child went missing and how they can contact Ofsted should they have a complaint. Parents should also

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Understanding the Welfare Requirements

know that they can have free access to their own child’s developmental records and can apply in writing for the setting’s personal files on their own children.

As well as providing information for parents, you are required to collect some information before a child starts at a setting which includes who has legal contact with the child and parental responsibility. You must also ask for written permission in the event that a child needs emergency medical treatment. In the unlikely event that a parent refused this written permission, it would be advisable to contact either Ofsted or your local early years advisory team.

You will also need to have a written complaints procedure and copies must be available for parents. Your complaints procedure must reflect some further legal requirements that are set out on page 23.

may affect the children must be immediately brought to the attention of Ofsted.

Points to consider

UWhat is your system to ensure that parents know about the policies and procedures in your setting?

UHave you asked parents for feedback as to how you could improve your admissions procedure?

UHow do you ensure that parents are aware of how to contact Ofsted?

UDoes your complaints procedure comply with the legal requirements set out on page 23 of the Statutory Framework?

UHow do you make sure that information is regularly exchanged with parents?

UHow do you exchange information with other providers?

UAre all members of staff aware of how to maintain confidentiality?

Premises and security (page 24)The focus here is on safety in the premises and on ensuring that children cannot go missing or be taken by an unauthorised person. The legal requirements are quite straightforward with the emphasis on security. Note, though, that any changes to the facilities that

Points to consider

UWhat are your procedures when children leave the premises?

UHow do you ensure that doors, gates and other areas are secure?

UHow do you help parents and staff to remember to close doors?

UDo you obtain written permission from parents when children are to be collected by another adult? (You could provide slips for parents to sign.)

UDo all staff remember that visitors must sign in and out of the setting?

Outings (page 24)The focus on outings is about ensuring that children are safe. You will need to provide a full risk assessment for every type of outing and, although not stated, it would be sensible to do so in writing. Before going on an actual outing, you should check that the risk assessment for its type is still valid. For example, a risk assessment has already been done for taking children out to the local shop to buy ingredients, but on the day you notice that a diversion is in place and there is more

You will need to provide a full risk assessment for each type of outing

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Penny Tassoni’s Practical EYFS Handbook

traffic which will mean that additional staff might be needed.

It is left completely to the setting to decide whether there should be an increase in adult to child ratios. This is a positive move but make sure that adult–child ratios are considered in your risk assessments. It is also important to read the statutory guidance; while much of this is commonsense, it is worth noting that you are expected to have records about the vehicles that you are using, insurance details and named drivers.

Equality of Opportunities (page 25)This requirement is about ensuring that every child is given the opportunity to flourish and that policies and procedures are in place to meet each child’s needs. To meet the legal requirements for this, you will need to have an equality of opportunities policy and, if you receive any government funding, a Special Educational Needs policy based on the SEN Code of Practice. (You can obtain a SEN Code of Practice by telephoning 0845 602 2260 or 0845 600 9506 and asking for reference DFES 058�/200� or by going to http://publications.teachernet.gov.uk/ and using the reference number in the search box.)

Points to consider

UDo you have a risk assessment form for outings?

UAre risk assessments carried out for each type of outing and in advance?

UDoes your risk assessment form contain a statement about adult to child ratios?

UAre you keeping records of vehicles, insurance details and drivers?

UDo you check that drivers using their own cars have adequate insurance cover?

Points to consider

UDo you have an up-to-date equality of opportunities policy?

UDoes the policy include the information required by the statutory guidance on page 25?

UDo your activities, routines and other policies link to your equality of opportunities policy?

UDo you need to follow the SEN Code of Practice?

UDo you have a policy on Special Educational Needs?

‘The provider must promote the good health of the children, take necessary steps to prevent the spread of infection, and take appropriate action when they are ill’Medicines (page 26)You will need to have a policy on administering medicines, and it is clear that as part of the policy the needs of children must be taken into consideration. (This is to avoid situations whereby children might be discriminated against on the basis of ‘we’re not allowed to give medication.’ This is the type of information that parents will need to know during the admissions process.)

You will need to ensure that some medicines are easily accessible at all times during the session

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Understanding the Welfare Requirements

Illnesses and injuries (page 26)The requirements for illnesses and injuries are straightforward, although you will need to read the section carefully. One point to note is that you will need at all times, including outings, a member of staff who has a paediatric first aid certificate. It is therefore important in group care settings that several members of staff are trained so that outings, illnesses, holidays and shift patterns do not leave the setting without a trained member of staff. For details as to what the paediatric training must include, you should read Appendix � of the Practice Guidance (page 2�).

In the event of a serious accident, illness or death of a child in your care, you would need to notify Ofsted and local child protection agencies. You also need to make sure that parents know what the procedure is when children are ill or infectious; you are therefore likely to need a policy for this. (Interestingly, notifiable diseases come under the food and drink specific legal requirements; see below.)

On a positive note, there is no ban on animals in the setting, provided that they are safe and do not pose a health risk to children.

Food and drink (page 27)As suggested in the title, the focus of this requirement is food and drink, although watch out for the need to alert Ofsted if two or more children have food poisoning or notifiable diseases. (A list of currently notifiable diseases is included in the appendix of this book, on page 255.)

To comply with the requirements, you must make sure that children have access to fresh water at all times and that if you are providing food it is healthy, balanced and nutritious. You should also be preparing food in line with the latest food hygiene legislation. A good source of current information is the Food Standards Agency’s website (www.foodstandards.gov.uk) – the site is easy to navigate and will help you determine what is healthy food and how to comply with food legislation.

Points to consider

UDo you have an administering medicines policy?

UIs the policy up to date so that it conforms to the statutory requirements and guidance?

UAre medicines that need to be easily accessible, such as inhalers, available at all times during the session?

UHow do you prevent non-authorised access to medicines that are being stored in the fridge?

UDo parents know and understand your policy on medicines?

UAre you keeping records that show which medicines are stored and when medicines are administered?

UDo you have written permission from parents for each medicine that a child takes?

Points to consider

UDo you or other staff have a current paediatric first aid certificate that covers the content listed on page 2� of the Practice Guidance (Appendix �)?

UIs there a first aid box on the premises?

UAre the contents of the first aid box appropriate to meet the needs of children?

UDo you have a policy about illnesses and injuries and how you would deal with these in the setting?

UDo you have an accident book and a way of notifying parents about minor injuries and any treatment given?

Points to consider

UIs food handling included as part of your induction of new staff?

UAre you aware of current food hygiene legislation?

UIs your menu balanced and based on the nutritional needs of the children?