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Childcare Bill

With respect, they are capable of providing childcare; they are simply unable to be registered for that purpose. That is a crucial distinction. Nothing in the Bill in any way affects the capacity of a family member to provide childcare. Indeed, it would be monstrous for any Bill to do that and I cannot conceive of Parliament ever seeking to go down that road. The issue is registered childcare and all that goes with it. We believe that requiring regulation of childcare provided by family members would be an unacceptable intrusion into family life. However, if the intention is to be permissive—that is, to enable local authorities to provide support for parents—then local authorities already have general powers in Section 2 of the Local Government Act 2000 under which they are able to do anything that they consider is likely to achieve the promotion or improvement of the social or economic well-being of their area. This already allows local authorities to provide information, advice or training to help family members who care for children where that would be appropriate. Therefore, if the noble Lord wishes to take a permissive approach, we do not believe that the amendment is needed. Changing the definition of ““childcare”” would also impact on the regulation and inspection of childcare under Part 3 of the Bill. Unless they were subsequently exempted from the requirement to be registered, this would bring relatives into the scope of regulation, with precisely the consequences set out by the noble Baroness, Lady Howarth. I am sure that that is not the intention of the noble Lord. I do not think for a moment that he intends that all family members should have to go through a burdensome regulatory process, but that would be the impact of his amendments. I do not wish to labour the point but it would mean that family members would have to register with Ofsted in order to look after the children they are related to and, if the children were under school age, they would also have to deliver the early years foundation stage. That would call into play the full panoply of Ofsted inspection, with all its potential consequences. I am sure that none of us wishes to go down that road. I believe that many of the objectives that the noble Lord wishes to secure are already secured by the Bill and by the more general powers that local authorities have. Therefore, we do not think it would be appropriate to make the precise amendment that he suggests.