Inspection of early learning and childcare and school age childcare services: consultation

The current inspection and scrutiny landscape

Considerations

This section is intended to explore further the views of the ELC and school age childcare sectors and other interested individuals/organisations on the current operation of the inspection landscape for ELC and school age childcare services. This includes consideration of what inspection approaches and activity have been helpful and supportive in driving improvement across these sectors, and what has been less helpful, and where further improvements can be made to the current system.

The Care Inspectorate has a range of powers in relation to the regulation of ELC and school age childcare services. This is separate to their inspection of services and includes registering settings, investigating complaints and, where appropriate, issuing requirements for change. HMIE has functions to inspect the quality of education in funded ELC provision and does not have a role in regulation of ELC or school age childcare services. This consultation looks only at inspection of services and we are therefore not consulting on the sector's experience of wider regulatory activity carried out by the Care Inspectorate.

The Funding Follows the Child policy framework outlines the role of local authorities as the primary guarantors of quality, responsible for ensuring that funded ELC providers meet the requirements set out in their contracts with local authorities, including meeting the National Standard. Local authorities also have a responsibility to ensure Best Value in use of public funds. These important local functions sit alongside the functions of national inspection bodies.

Questions

The legislative landscape

The Care Inspectorate has statutory obligations under section 53 of the Public Services Reform (Scotland) Act 2010 to carry out inspections of all ELC and school age childcare settings that are registered with them. Under section 47 and schedule 12 of the Public Services Reform (Scotland) Act 2010, ELC and school age childcare services are also regulated by the Care Inspectorate as 'care services' (either as a 'day care of children' service, which includes some school age childcare services, or as a childminding service).

HMIE also has powers to inspect educational establishments under section 66 of the Education (Scotland) Act 1980. This includes powers to inspect 'nursery schools' that are providing funded ELC to children, which may be nursery or childminding settings.

Question 2.1: Some settings in Scotland currently receive inspections from both the Care Inspectorate and HMIE, visiting either separately or jointly.

If you are an ELC and/or school age childcare setting (including childminders, practitioners, teachers and staff working within those settings), from which organisations has your setting or service previously received inspections? (please tick all that apply)

• Only the Care Inspectorate (single agency inspection)
• Only HMIE (single agency inspection)
• Both the Care Inspectorate and HMIE (as separate visits)
• Both the Care Inspectorate and HMIE (as a joint visit)
• Neither/ not applicable

Question 2.2: If you are an ELC setting providing funded ELC (or a childminder, practitioner, teacher or staff member working within that setting), when did your setting or service last receive an inspection from HMIE?

• Within the last 2 years
• 2-5 years ago
• 5-10 years ago
• More than 10 years ago
• Never

Question 2.3: If you are an ELC and/or school age childcare setting (or a childminder, practitioner, teacher or staff member working within that setting), when did your setting or service last receive an inspection from the Care Inspectorate?

• Within the last 2 years
• 2-5 years ago
• 5-10 years ago
• More than 10 years ago
• Never

Question 2.4: Discounting periods of disruption over the COVID-19 pandemic, what is your experience of the current inspection approach?

• Mainly positive
• Neither positive or negative
• Mainly negative
• I have not experienced this

Question 2.5: Discounting periods of disruption over the COVID-19 pandemic, what do you consider are the benefits of the current inspection approach? Do you have examples of positive experiences to share?

Question 2.6: Discounting periods of disruption over COVID-19 pandemic, what do you consider are the challenges of the current inspection approach? Do you have examples of challenging experiences to share?

Question 2.7: Under the Public Services Reform (Scotland) Act 2010, HMIE and the Care Inspectorate are under a duty to 'cooperate and coordinate' their inspection activity.

To what extent do you agree or disagree that the two inspectorate bodies cooperate with one another and coordinate inspection activity effectively?

• Strongly disagree
• Disagree
• Neutral
• Agree
• Strongly agree
• Don't know

Can you tell us why you think this?

Question 2.8: Do you think any change is required to the current duty to 'cooperate and coordinate' inspection activity to provide opportunities to improve cooperation and coordination between the inspectorate bodies in the short and medium term?

• Yes, more could be done
• No, more could not be done

If you answered 'Yes', what more could be done?

Question 2.9: What are your views on how local authorities carry out their role in monitoring and supporting quality improvement in ELC and school age childcare provision (where appropriate), and how this aligns with the inspection functions carried out by the Care Inspectorate and HMIE?

Question 2.10: Please provide any further comments on how you think the current inspection approach could be improved.