Early learning and childcare and school age childcare services inspection consultation: SG response

Other matters raised

The role of the Local Authority

Summary of consultation messages

Please see the section on the role of the Local Authority in the full analysis report.

The consultation analysis found that some respondents to question 2.9^[4] focused on how local authorities support settings in relation to inspections, and others discussed their views on the arrangements or experiences of the local authorities quality assurance role in maintaining the National Standard for funded ELC.

Those who discussed the local authorities' role in assessing and monitoring delivery against the National Standard provided mixed views and experiences, suggesting a variable picture across Scotland.

In summary, those with positive experiences identified the following strengths in individual cases:

• The process was supportive;
• Aligned well with the Care Inspectorate and HMIE/Education Scotland requirements;
• Providers had a named contact within the local authority for support;
• Input from local authority officers at inspection feedback meetings was helpful; and
• Quality Improvement Officers or Support Officers were valued.

Other contributions identified the following as challenges in the current system:

• The local authority role added a third layer of regulation, scrutiny and inspection;
• A perception that the requirements are overwhelming, with a significant volume and duplication of documents and paperwork;
• A perception of unrealistic timescales associated with local authority role in assessing and monitoring delivery against the National Standard;
• Requirements were felt to be aligned more with one inspectorate than the other;
• Monitoring and support was variable across the country; and
• There was no local authority support for school age childcare or unfunded ELC settings.

The role of local authorities

Funding Follows the Child (FFtC), which was agreed by the Scottish Government and the Convention of Scottish Local Authorities (COSLA), aims to ensure that the funded early learning and childcare entitlement is delivered in high quality settings. This approach is underpinned by a National Standard that all ELC settings - regardless of whether they are in the public, private, third or childminding sectors - that wish to deliver the funded entitlement have to meet.

At the heart of the National Standard is a clear and consistent set of quality criteria, to ensure that all settings which are offering the funded entitlement are delivering the highest quality ELC experience. The criteria in the National Standard focus on what children and their families should expect from their ELC experience, regardless of where they access their child's funded hours.

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 criteria within the National Standard. Local authorities are responsible for assessing and monitoring compliance with the National Standard for all funded providers, including those provided by local authorities. Local authorities adopt various practices to fulfil this role including, in some cases, initiating their own quality assurance visits.

The role of the Local Authority as guarantors of quality is essential to the effective operation of FFtC. It allows them to assess and monitor delivery against the National Standard, and is in line with broader legislative requirements placed on local authorities in relation to the provision and quality of ELC^[5].

Scottish Government response, and next steps

The intention of question 2.9 was to elicit views specifically on local authorities' role in evaluating settings delivering funded childcare against the National Standard, rather than the support on offer to settings by the local authority more broadly. However, we recognise that the respondents who provided their views on the more general support on offer from local authorities provided valuable and useful insight. We will therefore work with COSLA and the Association of Directors of Education in Scotland (ADES) to consider the messages emerging from the consultation to identify what improvements can be made to the current monitoring and assurance activities by local authorities, in light of the reported experiences outlined in the consultation document. We will provide an update on this work in the summer.

We will also work with COSLA and ADES to look carefully at the examples of existing good practice provided by a number of respondents, and consider how these can be shared with all local authorities.

Cooperation between the Inspectorates

Please see the section on cooperation between the Inspectorates in the full analysis report.

Question 2.7 (Q2.7) explored views about the effectiveness of cooperation between the Care Inspectorate and Education Scotland. Question 2.8 (Q2.8) asked for views on whether the current duty placed on the Inspectorates to 'cooperate and coordinate' inspection activity needed to be changed.

A summary of findings in relation to Q2.7^[6] regarding the cooperation between the Care Inspectorate and Education Scotland.

In summary, the consultation responses to Q2.7 demonstrate that a significant proportion of respondents (44%) disagree that HMIE/Education Scotland and the Care Inspectorate cooperate with one another and coordinate inspection activity effectively, compared to those who agreed (13%).

Those who provided negative comments, and those who provided a neutral rating, discussed a range of issues which they felt showed a lack of cooperation and coordination in the work of the Care Inspectorate and HMIE/Education Scotland. The main issues identified by respondents were:

• The Inspectorates were felt to have competing priorities;
• A perception of a lack of consistency in quality indicators and expectations;
• Different approaches and timescales of the two Inspectorates;
• A perception that the roles of the two Inspectorates blur or overlap;
• A lack of communication between agencies over inspection findings;
• Perceptions that the Inspectorates have little respect for each other; and
• A previous attempt to develop a shared framework failed.

Two areas where some considered there to be evidence of existing cooperation and coordination were:

• In the planning and conduct of joint inspections; and,
• In liaising with each other in relation to the planning of inspections to ensure settings are not inspected by both bodies within a certain time period.

A summary of findings in relation to Q2.8^[7] regarding whether any change is required to the current duty of cooperation and collaboration.

Most respondents who answered Q2.8 felt that more could be done to improve cooperation and coordination between the Inspectorate bodies in the short and medium term (80%).

Respondents who indicated that more could be done referred to the resolution of the current difficulties in cooperation and coordination as the solution, rather than providing suggestions of specific actions that could be undertaken.

The analytical report is clear that the key priorities for respondents in relation to the improvement of cooperation and coordination between the inspectorate bodies is for them to work together to co-produce a shared framework that would remove competing priorities between the Inspectorates, eliminate differing approaches and methodologies for inspection, provide clarity across the sector of their roles and responsibilities, and remove any inconsistencies between Inspectorates.

Scottish Government response

Section 114 of the Public Services Reform (Scotland) Act 2010 (The 2010 Act)^[8] places a duty on both the Care Inspectorate and Education Scotland to "co-operate and co-ordinate activity with each other". The consultation responses demonstrate that a significant proportion of people across the sector consider that the Inspectorates could do more to improve their co-ordination and co-operation.

Some consultation responses also demonstrated a considerable level of scepticism about the ability of the Inspectorates to work together to develop a shared framework, largely as a consequence of the previous attempt by the Scottish Government and both Inspectorates to progress such a framework in 2017 - 2019.

The Scottish Government has considered if any changes to legislation would help support the Inspectorates in improving cooperation and coordination between them. Having reviewed the legislation we are of the view that the 2010 Act provides a sufficient legal underpinning to the work of the Inspectorates, and provides Ministers with the ability to strengthen the duty should they deem it necessary to do so. We do not propose to revise or propose any additional legislation in this regard at this stage.

We also consider that the perception of a lack of coordination and cooperation is likely to flow from the Inspectorates operating with different models for inspection, and that the shared framework should go a significant way to addressing these issues. Along with the Inspectorates, we will monitor and assess how the implementation of the shared framework has addressed this as work is taken forward.

We recognise the strength of feeling expressed on this through the consultation responses, and the critical importance of clarity and consistency between the Inspectorates. Both the Care Inspectorate and Education Scotland are committed to working collaboratively in the development of a shared framework, and they recognise that the development of a shared framework will strengthen an integrated approach to inspection with the ultimate goal of minimising any unnecessary bureaucracy or burden on settings, managers and practitioners.

The joint statement from the Inspectorates, noted earlier in this publication, refers to the work already undertaken, since August 2022, to "extend the minimum time between inspections by both bodies and, wherever possible, reduce the burden of inspection activity on services." The Inspectorates confirmed in a joint letter to the sector in August 2022 that they were working together in the planning and conduct of joint inspections, and that they would work together to ensure settings would not routinely be inspected by both bodies within an 18 month period.

The consultation responses show that this work by the Inspectorates has been welcomed by a number of respondents, and has been quoted as an example of the Inspectorates working well together.

Calls for a single ELC inspectorate body

Summary of consultation messages

A number of consultation respondents expressed support for the creation of a single inspectorate body, despite this not being a specific question asked in the consultation. Some respondents felt that a shared framework would still result in duplication, bureaucracy and confusion within the system, and expressed a view that wider structural changes than those proposed in the consultation were required to effect meaningful change. The analysis report reflects views expressed about the establishment of a single inspectorate where these were raised throughout the consultation.

Scottish Government response

The Scottish Government recognises that a number of respondents feel that a single inspectorate for ELC is the right way forward. We have considered the views expressed on this matter carefully, and we recognise that there were some powerful reasons for supporting a single inspection body put forward. However, the Scottish Government remains of the view that the establishment of a single inspection body for all ELC services in Scotland is not desirable. It would require significant legislative and structural change, which would take a considerable period of time to develop and see through. We are aware that the pressures in the sector are acute and that change is needed at pace. Indeed, Professor Muir referred to the 'urgency'^[9] of the need for a shared framework and the Scottish Government's view is that priority should be attached to agreeing and implementing this framework.

There are considerable programmes of reform underway, and we outline some of these further on in this publication. We recognise the pressures on the sector already, and we are confident that significant improvements to clarify and streamline the approach to inspection of funded ELC in particular can be delivered within the current organisational structures, with minimal additional disruption being caused to the sector. Essential to achieving this is the commitment of both Inspectorate organisations, and the support of the sector.

School age childcare and childminding

Please see the section on school aged childcare and childminding in the full analysis report.

Summary of consultation messages

A number of respondents raised issues and concerns regarding a shared inspection framework and how it would apply to different settings, in particular, school age childcare and childminders. The consultation analysis report provides an overview of some sector specific concerns. These relate to ELC and school age childcare operating distinctly and differently, and a view that inspection processes and approaches need to take these differences into account. The consultation highlighted that there is a need to ensure care and learning elements are appropriately balanced for each age-group - particularly for school age children who undertake learning at school and for whom it would not be appropriate to evaluate school age childcare on standards developed for ELC.

The response from Scottish Out of School Care Network (SOSCN), which represents a significant proportion of the sector, demonstrated that their members were clear that they would prefer their own inspection standards with a strong focus on play and Playwork, and that in their view thought needs to be given to how to avoid an overtly educational emphasis to the shared framework for those settings in which it would be inappropriate.

In terms of the wider consultation question on what settings a shared framework should apply to^[10] just over two thirds (68%) of respondents agreed that the shared framework should apply to all ELC services, including funded and unfunded nursery and childminder provision for 0-5 year olds, and to childcare provision for children of school age (over 5 years old). Fewer than one in five respondents (18%) felt this should not be the case, and a further 14% were unsure.

Those who were supportive of applying a shared framework to all settings broadly felt that it would:

• Promote a collaborative and consistent approach to inspection and strengthen the wider ELC workforce; and
• Provide a consistent benchmark for all services to work towards.

A number of responses were supportive of a shared framework applying to all settings, but with some caveats applied. These additional considerations included:

• The framework should be applied proportionately rather than routinely to different settings (i.e. childminders should not be inspected to the same intensity as local authority funded nurseries);
• The framework should avoid stifling innovation and variety of settings, the sector should not become 'all the same'; and
• The need to align the shared framework with Realising the Ambition to ensure that inspection is proportionate to the age and stage of the child and the provision itself.

Those who were not supportive of the proposition broadly felt;

• A shared framework would be too generic and would not cater to all individual settings; and
• School age childcare is a separate sector which is neither responsible for children's progress and achievement nor the delivery of education, and its inclusion would risk further confusion about the roles and responsibilities of staff.

Overall, both those who supported and did not support the shared framework being applied in different settings indicated that it would need to have flexibility to accommodate service differences and nuances.

We were also grateful to receive a comprehensive report from the Scottish Childminding Association (SCMA): #TellSCMA Childminding & You Survey 2022: Survey Report No. 1: Future of Inspection. This was compiled following a large-scale membership survey by the SCMA in order to inform their response to the consultation. In total, 1263 responses were received, representing a significant proportion of the workforce. In summary, the SCMA report demonstrates a view that the current system of inspection is not working well for childminders, with key findings that;

• Only 34% of all childminders who responded believe it has a strong/very strong understanding of childminding;
• Only 37% believe it has a strong/very strong focus on childminding; and
• Only 38% believe it has a strong/very strong relevancy to childminding.

The findings of the SCMA survey have been extremely informative, and tell us that:

• A shared inspection and quality framework for ELC and school-age childcare is supported but should be:
• More childminding-specific, recognising the unique nature of childminding, which spans pre-school and school-age children;
• Less focused on funded ELC and more balanced;
• More focused on the child than documentation, with much-reduced paperwork; and
• More understanding of childminders' professional responsibilities at the time of inspection (all inspections should be announced in advance with limited notice). More consistency is needed between inspectors and between childminders' inspections around Scotland.

An overwhelming majority of childminders who responded to this survey also supported the view that quality assurance must become more joined-up, lighter touch and more proportionate for childminders.

Scottish Government response and next steps

School Age Childcare

The Scottish Government is grateful for the views contributed about the need to ensure that the differing needs of the sector are reflected in the development of the shared framework. The intention is that the shared framework will be developed for use in inspection of all ELC and school age childcare services. Both Inspectorates will consider how the shared framework can be applied in the inspection of different service types.

The joint statement from the Inspectorates, noted earlier in this publication, confirms their commitment to ensure that the framework reflects the diverse needs of the sector, and the Scottish Government is clear that this consideration is essential to its development. The Inspectorates will also take account of this through their consultation with the sector on the shared framework.

The Best Start - strategic early learning and school age childcare plan outlines the Scottish Government's commitment to building a system of school age childcare, providing care before and after school, all year round, supporting parents and carers - particularly on low incomes - to have secure and stable employment. Those on the lowest incomes will pay nothing.

In addition, this year we will publish a School Age Childcare Delivery Framework which will set out the approach and principles that we will apply to designing and building this new system. The Delivery Framework will be supported through an initial investment of £15 million in 2023-24 and builds on the investment we made in 2022-23 to develop tests of change across communities to provide targeted school age childcare services and a summer programme of activities, childcare and food provision.

As we grow our school age childcare sector, we will work closely with our partners to consider what a robust regulatory landscape that supports quality, innovation and growth within the sector, should look like. We will work together to identify possible options and consider how we might deliver this so that there is an appropriate and effective regulatory and inspection system to support the expansion of school age childcare.

Childminding services

The Scottish Government welcomes the unique and vital contribution that childminders make to providing high-quality, nurturing ELC and school age childcare experiences for children.

We recognise the particular and distinct challenges faced by the childminding sector, and are grateful for the information and examples provided both in response to our consultation, and to the #TellSCMA Childminding & You Survey 2022. �

The childminding sector expressed strong support for a shared inspection framework, spanning ELC and school age childcare, which recognises the specific nature of childminding. Both Inspectorates will consider how the shared framework can be applied in inspection of childminding. In the immediate term, we will also bring together the Inspectorates and childminding representatives to discuss the inspection landscape for childminders and consider further actions, reflecting the findings of the SCMA survey.

We are aware of a common concern from within the childminding sector that the levels of paperwork and bureaucracy associated with practising is unsustainable.

The Scottish Government has agreed to support pilot activity, in partnership with SCMA, across six local authorities to support childminders with streamlining, and therefore reducing, the administrative burdens associated with their practice.

The 'Reducing Burdens' pilot includes the following aspects:

• Developing guidance for local authorities in the form of effective practice principles underpinning the successful inclusion of childminders in the delivery of funded ELC;
• Offering all childminders in the targeted local authorities funded access to the three 'Quality in Practice' Continuous Professional Learning (CPL) courses, designed to support childminders in cross referencing policy, guidance, and framework documents to provide standardised responses and evidence to meet a range of reporting requirements; and,
• Offering all childminders in the targeted local authorities support and access to SCMA's self-evaluation toolkit and accompanying webinar.

We also provide financial support for the SCMA-led Scottish Rural Childminding Partnership. This partnership sees SCMA working with Highland and Islands Enterprise, South of Scotland Enterprise and Skills Development Scotland to deliver a project aiming to support the recruitment and training of 100 new professional childminders within 10 areas of Scotland.

The pilot has gathered valuable lessons about effective recruitment to these roles to date. We are therefore pleased to support the next phases of this pilot, which includes expanding the model to urban areas.

Both the 'Reducing Burdens' pilot and the Scottish Rural Childminding Partnership recruitment model will be evaluated to inform any future national activity to support the recruitment and retention of childminders.

Workforce and sector sustainability

Summary of consultation messages

A significant number of respondents raised concerns about the current pressures faced by staff working across the sector. Themes included:

• Administrative burdens on staff, which have increased and are a contributing factor in issues with staff leaving the profession or considering doing so;
• Those in the Private, Voluntary or Independent sector (PVI) sector indicated that they were losing staff to local authority ELC settings where wages were higher, thus resulting in a high staff turnover and a higher proportion of less experienced staff inPVIsettings; and,
• A number of responses noted that school age childcare settings were also experiencing issues with recruitment and retention of staff, with many leaving to join the local authority ELC provision where more working hours and better pay and conditions were on offer.

Scottish Government response and next steps.

The Scottish Government recognises the challenges faced by staff working across the sector. We understand that this is a particularly tough time for the sector and we are grateful for the dedication and professionalism staff continue to show through their essential work with children and their families.

Priority 3 of the Best Start: strategic early learning and school age childcare plan 2022 to 2026 is 'Ensuring that the delivery of our priorities is supported by a sustainable, diverse and thriving sector and profession'. The Plan outlines a wide range of specific actions that the Scottish Government is committed to delivering in order to support the workforce and the overall sustainability of the sector.

A key part of this work is the publication of a Strategic Framework for Scotland's Early Learning and School Age Childcare Profession. The Framework will outline a range of actions that will support a sustainable, diverse, highly skilled workforce to serve the whole childcare sector. It will set out the key priorities for the profession now and in the coming years, as well as actions we will take alongside partners to address those priorities.

Throughout the 1140 expansion we have sought to improve conditions across the private, voluntary, and childminding workforce delivering funded ELC, including through our investment to support the payment of sustainable rates. Rates should be set at a level to enable payment of the Real Living Wage to staff delivering the funded ELC entitlement.

We will also maintain a robust but proportionate means of monitoring the financial sustainability of the childcare sector, including issues relating to the workforce, to ensure that both national and local policy is informed by up to date evidence about the health of the sector through this uniquely challenging period. This includes an update of the Financial Sustainability Health Check, which will be published in Spring 2023.

Links to wider programmes of reform

This work forms part of an ambitious programme of reform in education and in relation to the establishment of a National Care Service, which are designed to deliver significant improvements in public service delivery. We recognise the need for coordination across Government on these programmes so that we minimise any disruption to settings or confusion about what is happening. Below we outline how we are working to ensure that ELC and school age childcare are considered as important components of these reforms, and that the findings from this consultation are fully reflected within them.

Education Reform Programme

Following the independent review of Education in Scotland and the recommendations by Professor Muir on aspects of education reform, work commenced to establish a new national agency for Scottish education (replacing Education Scotland), alongside an independent inspectorate body and a new qualifications body. These new bodies will be operational from 2024. The Scottish Government is committed to ensuring that the vital importance and value of ELC within Scotland's education system is fully reflected in the design and delivery of the new agency and inspectorate, and follow up work to the National Discussion on Education.

Independent Review of Inspection, Scrutiny and Regulation in Scotland (IRISR) of Social Care delivery

The IRISR is currently underway and is looking at how social care services including ELC and school aged childcare services are regulated and inspected in Scotland. It will also consider the interactions with community health and other services which support people. ELC and school aged childcare organisations continue to provide advice and expertise through their membership of the IRISR Practitioner and Stakeholder Panel. Key messages from the ELC inspection consultation are also being shared with the IRISR's Chair and Vice Chair as part of an evidence review that will inform their recommendations.

The IRISR will report in June 2023 and more details about the Review can be found on the Scottish Government's webpages.