School age childcare services - regulation review: feasibility study – final options appraisal

4. Understanding the Problem

It is clear that although children, families and providers all see SACC as important, the current system does not work as well as it could to enable people to access or offer the type of service they want. The evidence from engagement with stakeholders is that there are many reasons for this, but some of the most commonly raised are related to the legislative framework for SACC, and the current regulatory requirements.

4.1 Tax and benefits

For parents the difference in legal status between SACC and organised children’s activities, and the lack of regulated childcare status for the latter, causes two main challenges. The first of these concerns the lack of national oversight of organised children’s activities and the lack of clarity for parents. We know that families often choose a mix of both regulated childcare and organised activities provision to meet their childcare needs. But many parents are unaware that there is any difference in the types of children’s services, or in their regulatory status, with many assuming that all services must be regulated by the Care Inspectorate or some other regulatory body.

The other challenge parents encounter is that they cannot use UK childcare tax relief and benefits to pay for organised children’s activities services in Scotland, because these can only be used to pay for regulated childcare services. There is some frustration voiced by parents about using organised children’s activities for childcare but not being financially supported to do so. For children in low income families in particular, some sporting or leisure activities may be inaccessible due to cost but the option of using government childcare support may make these affordable and provide them with more equal access.

4.2 A lack of parity between regulated and unregulated settings

Some SACC providers report that they feel disadvantaged compared to organised children’s activities services, such as sports clubs or arts/culture groups. These types of service, for which the primary aim is to provide activities rather than care, are not required to register with the Care Inspectorate, nor are their staff required to register with SSSC. This means that they do not have to comply with the same quality standards, staffing requirements and adult-child ratios as regulated childcare services.

Organised children’s activities may have to comply with standards as set by an overseeing body (like the Scottish Football Association, or another governing body) or they may set their own standards. There are no statutory checks on the safety or quality of their services, in relation to childcare standards. This means that they can often have lower overheads and can run their services using a lower cost delivery model than regulated childcare providers, making regulated services less competitive in terms of cost to parents.

4.3 Day care of children services

The definition of “day care of children” applies for care of all children up to the age of sixteen. However, one issue raised by the SACC sector is that it is inappropriate to include SACC services under the same definition as ELC services because they have a different purpose and serve a different age demographic. SACC services focus on providing opportunities for play and recreation and have no statutory education purpose, unlike early learning and childcare services which deliver the statutory 1140 hours.

The Care Inspectorate has already begun to address calls for more clarity about expectations on different types of childcare providers through the introduction of the new Quality improvement framework for the early learning and childcare sectors. The new Framework, which will be in place from September 2025, recognises SACC, ELC and childminding services separately, through the use of Quality Indicators specific to each sector.

4.4 Recruitment and retention of staff

SACC providers consistently report difficulties in recruiting and retaining staff. This has a direct impact upon the availability and sustainability of SACC services and we know that a lack of suitably qualified staff is a contributing factor in a number of SACC service closures. This is a complex issue with a range of contributing factors, but there is consistent feedback that qualification requirements for staff causes a number of challenges. The most common of these are outlined below:

Lack of SACC specific qualifications and training

An issue frequently highlighted by the sector is that the qualifications currently accepted for staff working in day care of children services are more appropriate for those working in ELC rather than SACC settings. Conversely, providers also point out that there are other qualifications which would be more valuable for staff working with older children which are not currently recognised.

In addition, the majority of people currently studying for childcare qualifications are working in ELC settings and as a consequence it is found that further and higher education courses are often focused on supporting ELC practice. SACC services report that courses do not commonly incorporate the experience or practice of working with older children, which could raise questions about the value that these courses bring to SACC practitioners.

Diversifying the workforce

There is an ongoing discussion about how to recognise and value skills, expertise and qualities which people may have, but may not have an appropriate qualification to support that. Currently, the SSSC can only accept qualifications linked to a National Occupational Standard.

We know from the evidence of projects funded by the Scottish Government’s SACC Programme, that organised children’s activities services employ a diverse range of staff. In many cases, these staff will not have the qualifications required to work in regulated childcare settings but instead bring a wealth of other skills and expertise, such as sports or music coaching, which can support the provision of high quality experiences for children.

Rural settings

In all cases, issues with recruitment and retention are exacerbated in rural areas where the pool of people who could be recruited to work in SACC settings is much smaller and there are fewer opportunities to undertake further or higher education courses locally. There are additional problems around distances between settings which can make it difficult for services to use peripatetic management arrangements, or provide staffing cover across services.

Proportionality and part time working

Some services report that they consider the qualification expectations for staff to be out of balance with the requirements of job roles in SACC services, in particular considering the number of hours available in these roles. Most SACC positions are part-time as they fit around the school day, and the qualification requirements for taking on what may be a second job are significant.

Day care of children – Roles and Qualification Levels:

Lead Practitioner/Manager

Lead practitioners and managers hold overall responsibility for the development, management and quality of the childcare service. As well as being experienced childcare professionals, managers have responsibilities relating to the operation of the childcare service. The minimum qualification requirement is a childhood practice award at SCQF level 9 (degree or PDA) and a practice award at SCQF 7.

Practitioner

Practitioners use their enhanced knowledge and experience to identify and meet the care, support and learning needs of children. Practitioners may be responsible for overseeing a particular room or group of children. In some settings, practitioners will supervise and mentor support workers and students. The minimum qualification requirement is SCQF level 7.

Support worker

Support workers get to know each child, playing, caring for them, and making sure they are learning and developing. Some support workers work with individual children who require help to participate. Support workers don’t work alone with children. They are guided by practitioners and lead practitioners. The minimum qualification requirement is SCQF level 6.