Childcare Sector Working Group minutes: November 2024

Attendees and apologies

• Care And Learning Alliance (CALA)
• Care Inspectorate (CI)
• Convention of Scottish Local Authorities (COSLA)
• Scottish Childminding Association (SCMA)
• Early Years Scotland (EYS)
• National Day Nurseries Association (NDNA)
• Association of Directors of Education in Scotland (ADES)
• Scottish Out of School Care Network (SOSCN)
• Scottish Government (SG), Chair
• Unison
• Educational Institute of Scotland (EIS)
• Scottish Trade Union Congress (STUC)
• Association of Head teachers and Deputes in Scotland (AHDS)

Items and actions

Welcome, apologies, minutes and actions

The Chair opened the meeting and welcomed the group. COSLA and ADES representatives sent their apologies. 

Minutes from the previous meeting were agreed by the group and have now been published online. 

Updates from the Scottish Government (SG) 

Actions from the Ministerial Roundtable

SG officials provided an update on actions from the Ministerial Roundtable meeting on 11 September 2024:

• ELC Division to provide information on the Scottish entitlement to funded childcare, and how this differs to entitlements in England, which providers can then use to respond to questions from parents. 
• Officials provided an overview of the English childcare system, which is not directly comparable with the Scottish offer, with eligibility based on parent/carer working status. 

Action:

• SG to circulate summary information about the differences between the English and Scottish childcare offer (action completed)

Health and Social Care Standards Review

The Health and Social Care Standards set out what people should expect when using health, social care or social work services in Scotland.

To ensure improvement is driven by a clear and consistent set of standards across the system, the Scottish Government has begun a review of the current Health and Social Care Standards. This will help to ensure we can deliver better outcomes for everyone who uses health, social care or social work services in Scotland.

Recommendation 33 of The Independent Review of Inspection, Scrutiny and Regulation is to review of the current Health and Social Care Standards. This will help ensure the Standards are firmly embedded in human rights, ethical commissioning and are outcomes focused. 

In reviewing the Standards, we are committed to ensuring they are rights-based, co-produced and focused on outcomes. 

In moving this work forward, the Scottish Government is committed to working closely and collaboratively with all stakeholders including regulators, providers from across the sector, partners, unpaid carers and those with lived and living experience.

The current Health and Social Care Standards underpin the Care Inspectorate’s Quality Framework for Day Care of Children Services, and will also underpin the new Shared Quality Framework, currently being developed by the Care Inspectorate and His Majesty’s Inspectorate of Education. 

It is anticipated that the new Shared Quality Framework, will be implemented in late 2025. The teams working on the new Shared Quality Framework and the review of the HSCS are liaising closely as both work streams develop. In the meantime, the Care Inspectorate will continue to inspect and regulate day care of children and childminding in line with their current scrutiny arrangements. 

Nappy changing guidance and review

At the Ministerial roundtable, questions had been asked about the status of the Care Inspectorate nappy changing guidance. Discussions have taken place between ELC Division, CALA and the Care Inspectorate to clarify the issues. The Care Inspectorate plans to conduct a review of the current nappy changing guidance to ensure it continues to support the health, safety, and welfare of children and families. 

National Provider Forum update

The National Provider Forum took place on 9 October 2024 with an agenda focusing on the updated ‘Setting the Table’ guidance, Programme for Government, sustainable rates and pay, and children’s early speech and language. The forum was well attended. The next meeting will take place in January.

UK Budget (including impact of employer National Insurance contributions on PVI sector)

SG highlighted that the UK Budget on 30 October included changes to the National Insurance contributions for employers. There is currently some uncertainty on what additional funding may be available to the SG to support businesses in respect of these increases. The Finance Secretary has written to UKG Ministers to seek clarity before publication of Scottish Budget due in December.

Action:

• SG to keep the CSWG informed of developments in respect of the NI threshold increase for employers

Feedback from the sector on current issues 

CSWG members highlighted low levels of morale across the ELC profession, which are resulting in people leaving the sector. The growing number of children with additional support needs (ASN), the lack of specialist support for children with ASN and violent incidents in settings were reported as being some of the key factors affecting morale.

Members who were involved with the Rates Review implementation process reflected that the recent sector-specific engagement on the sustainable rates review was welcome. They reported concern from providers about the sustainability of funding rates in 2024 - 2025, in particular given the impact of employer National Insurance contribution changes. Examples were shared of settings deciding to close due to financial pressures.
 
Action:

• SG to schedule a deep dive session on ASN and workforce issues at a future meeting.
• SG to share Care Inspectorate data about trends in respect of numbers of settings/capacity.

Inspection Framework Update

HMIE provided an update on the shared quality framework. The inspectorates are taking forward engagement events over November in preparation for formal launch of the framework in January. The purpose of these events is to provide an opportunity for people working in the sector to find out more about the framework and to ask any questions they may have. The events have been well subscribed. The inspectorates are keen to understand how best to reduce burdens on providers through inspection activity and remain open to feedback about the content of the framework. 

Concerns were expressed that representative bodies have not yet seen a final version of the framework. It was also highlighted that there is a lack of understanding in the sector about what the framework will mean for delivery of inspections, with some providers believing all inspections will be conducted jointly. HMIE advised that stakeholders will have the opportunity to provide their views to help inform the work on developing approaches to inspection using the new framework.

Risky Play

Action:

• Due to time pressures, SG to add a session on “risky play” to a future CSWG agenda (post-meeting note: following discussion with CALA, who had proposed this agenda item, we have agreed that this will be dealt with separately rather than through discussion at CSWG). 

Future Proofing Programme & SSSC fees consultation

Fees Consultation

SSSC provided an update on their fee consultation, outlining the background that fees have only been reviewed once, in 2017. There is currently a strong case for increasing fees, but doing so in smaller increments, over a five year period. An earlier review of fees was scheduled, but was postponed due to COVID and the subsequent financial pressures on the sector. 

The consultation closes on 23 December 2024. CSWG members were thanked for encouraging the participation of providers and practitioners. The SSSC Council will make a decision in February, based on evidence from the consultation.

SSSC highlighted upcoming sector engagements, including a new survey of those leaving the register to gain a better understanding of why people may be leaving the sector, and plans for a ‘have your say’ workforce survey in January 2025. There was feedback that January is generally not a preferred time for sector surveys and that SSSC’s role in supporting those on the register could be further highlighted.

Future Proofing Programme

SSSC gave an update on the recent Future Proofing Programme changes. The slides have been shared separately with members.

In discussion, CSWG members outlined some concerns about a recent SSSC communication which had suggested that people could easily move from adult social care to ELC with “just a little bit of extra learning”. It was suggested that this could dilute messaging on the importance of professionalism in the ELC sector. SSSC agreed to review comms to ensure this is addressed. SSSC assured the group that the obligatory learning when moving between parts of the register is a minimum requirement, with extensive on the job learning/training when moving between sectors also required. 

SSSC are working hard to develop new qualifications with SQA. There will be a core of skills in order to facilitate transferability. They will be looking closely at the data around transfer of staff between sectors and will review that after the completion of the National Occupational Standards review (December 2025). 

The final meeting of the Future Proofing Programme stakeholder advisory group took place on 11 November 2024. 

Action:

• SG to add an item on ‘time off the floor’ to future CSWG meeting on workforce issues. 

2025 - 2026 Sustainable Rates Guidance timeline

SG and COSLA aim to publish updated joint guidance on setting sustainable rates for 2025 - 2026 in February 2025, following confirmation of the Scottish Budget and local government settlement in December and the conclusion of essential SG/COSLA processes. It was reflected that 2025 - 2026 is intended to be the last ‘interim’ year of sustainable rates guidance updates, and that we expect a more significant overhaul for 2026 - 2027 in light of the new cost collection exercise due to take place in Spring 2025. As part of this, we will also consider whether there are ways to improve the overall timeline for rate-setting guidance to support local authorities’ and providers’ planning. 

Members were thanked for their input to Rates Review implementation provider reference groups in recent weeks, which have provided valuable input to inform the development of the new cost collection approach. 

Forward look to agenda for next meeting and any other business

New resources to support anti-racism in the early level curriculum are available and have been shared with the group.

The next meeting date is to be confirmed, but this is likely to take place in February. Members are invited to suggest items in advance. The next meeting will include items on support for children with ASN and support for the childcare workforce.