New legal definition for school age childcare: consultation

Section 1: Developing a new definition

We are now looking for your views to help us develop the new definition. There are four specific areas where we would like your input.

• Purpose of school age childcare
• Age range of school age childcare
• Exemptions for services operating within certain time limits
• Services providing both early learning and school age childcare

Purpose of school age childcare

The current definition of “day care of children” focuses on providing care for children. However, SACC services we have spoken to highlight that another key element of their service is providing opportunities for play and recreation. They note that there is a wider lack of understanding about the importance of creating time and space for children to play and SACC’s role in supporting that. During discussions about creating a new definition for school age childcare there have been calls to include play within the definition as well as care. This would clearly show the importance of play and provide greater clarity about the role of SACC.

Question 1. Should a new definition for school age childcare also include play as well as care as part of the purpose of the service?

Yes

No

Don’t know

Please give a reason for your answer.

Age range of school age childcare

The current definition of “day care of children” uses the interpretation of “school age” taken from Section 31 of the Education (Scotland) Act 1980, which broadly includes children between the ages of five and sixteen years (with some exceptions). We would like your views on whether this is the right age range for children attending school age childcare services or if this should be changed to include younger or older children.

We know that many services offer spaces to younger children, especially those who are in their transition year between nursery and primary one. There are also a number of services that offer spaces to young people in high school. Services have told us that some young people, particularly those with additional support needs or disabilities, may need care and support beyond the age of sixteen.

Question 2. What age range should be used in the new definition of school age childcare?

Please suggest an age range and your reasons for this.

Exemptions for services operating within certain time limits

The current definition of “day care of children” includes an exemption so that services running for fewer than two hours cannot register as a day care of children service. This means that they are not inspected by the Care Inspectorate and their staff cannot register with the SSSC.

During discussions with stakeholders, there have been mixed views about whether it is helpful to have an exemption to regulation based on the number of hours a service operates for. Some services would welcome a longer exemption which could take after school clubs out of regulation altogether. Other services are in favour of no exemption so that anybody offering a service to children must be registered.

Question 3. Should a new definition for school age childcare include an exemption to regulation based on the number of hours a service operates for?

Yes - keep the current exemption for services running for fewer than two hours

Yes - there should be an exemption, but the number of hours should be increased

Yes - there should be an exemption, but the number of hours should be reduced.

No - there should be no exemption

Please give reasons for your answer. If you have suggested that the hours should be increased or reduced, please say by how much.

Services offering both early learning and school age childcare

Current data from the Care Inspectorate suggests that there are around 200 childcare services in Scotland that offer both early learning and school age childcare under one registration. We are working closely with the Care Inspectorate to understand what introducing separate definitions for ELC and SACC would mean for the way these services are regulated.

It is possible that these services might need to register under two separate categories in future, because they will be providing two different types of service. We would like to hear views from these providers and understand if this would lead them to change the service they offer.

Question 4. If you currently provide both early learning and school age childcare as part of the same registration, would having to register under two separate categories change the type of service you offer?

Yes

No

Don’t know

Please provide more details. If you would need extra information before you can answer this question please tell us what you would need to know.