Guidance

Guidance on regulating childcare in women’s refuges

Updated 2 March 2023

Introduction

This guidance sets out the additional measures we take when regulating and inspecting childcare providers based in women’s refuges, to improve safety and ensure confidentiality.

If required, Ofsted will put in place specific protocols relating to individual providers of this childcare, for example our protocol between Ofsted and Women’s Aid Federation of England (Women’s Aid).

We will apply the principles below, as appropriate, to support any future applications to provide childcare based in a male refuge.

Women’s refuges

A women’s refuge offers temporary crisis accommodation to women and children who have to leave their homes due to domestic abuse. Children who live in refuges can vary in age from birth to 16 years. Refuges are safe houses, and as such are in locations where the address is not in the public domain. Most have PO box addresses, which are never made public, as this is essential for keeping the women and children safe. Many refuges are members of Women’s Aid, with which we have a protocol that sets out the working relationship between Ofsted and Women’s Aid.

How we regulate and inspect childcare in women’s refuges

When registering or inspecting childcare provision in a women’s refuge, Ofsted will:

• ensure the allocated inspector and administrator are aware that the childcare is based in a refuge and take into account the sensitivities involved
• allocate a female inspector to visit the premises
• ensure that an appropriate member of administrative staff makes any required telephone calls
• ensure that the address of the premises is only shared with those who need to know it, normally the inspector/administrator dealing with the registration or inspection; under no circumstances will we give the address to anyone requesting that information from us without the agreement of the refuge, other than local authorities and His Majesty’s Revenue and Customs, with which we must share that information by law
• where we are required to give information to those other organisations under our legal obligations, tell them that this is information we withhold from the public
• withhold the registration details from the public and our reports website
• withhold the inspection report from our reports website

Regulating childcare provided in refuges

Refuges may provide a variety of childcare that requires registration on one or both of the Early Years and Childcare Registers. We do not register the care as childminding, even though it often takes place on domestic premises. Instead, we treat the childcare offered by the refuge in the same way as we would treat childcare offered by hotels or bed and breakfast accommodation. If children aged under 8 years attend, and the care provided is not exempt from registration, the provision must be registered as childcare on non-domestic premises. If the provision meets the registration requirements, but offers childcare that does not require compulsory registration, it may also choose to register on the voluntary part of the childcare register.

Any registered childcare should take place in a discrete part of the refuge premises that is dedicated to childcare during the time of use. The people who provide and manage the childcare, and those working directly with the children, should be checked to ensure they are suitable to care for children. Other people not assisting with the provision of childcare should not be allowed unsupervised access to children, other than their parents. This removes the need for the childcare provider to check all people aged 16 years and over who are living and/or working in the refuge (excluding the childcare premises), where the population of the house is constantly changing.

If Ofsted’s contact and administration team does not identify that the application for registration on the Early Years Register is from a women’s refuge, and the inspector identifies this either during the initial telephone call or at the visit, the inspector should notify the team that this is care within a women’s refuge so that they can update our systems.

If a male inspector is allocated in error, he should immediately notify the inspection support team to have the registration visit re-allocated to a female inspector.

We will consider requests to defer an inspection in line with our published deferral policy.

Childcare offered by refuges

Refuge organisations often provide a variety of care arrangements for children. This can include:

• full-time nursery provision
• specific play provision or direct work to support children who may be experiencing difficulties arising from the abuse they have witnessed or experienced
• creche provision to help parents seek assistance, advice and support
• activities
• care before and after school and during school holidays

Not all of this care will require registration. Most childcare provision for children under 8 years old must register with Ofsted unless the law says it is not required to. We list the care that is exempt from registration in our ‘Childminders and childcare providers: register with Ofsted’ manual, under registration exemptions.

Deciding on the numbers of children

It is not possible for refuges to know in advance the number and ages of children who may be present in the refuge at any one time. Providers must ensure that their maximum numbers do not exceed the requirements regarding ages and numbers set out in the ‘Statutory framework for the early years foundation stage’ (EYFS) and The Childcare (General Childcare Register) Regulations 2008 (as amended).

The registered person must ensure that the numbers and ages of children attending are consistent with the staffing arrangements, and the space available to meet the needs of all the children.

When reaching a decision about the available space and the numbers and ages of children, providers must take into account:

• the way the refuge organises space for the various age groups that may attend
• whether staff understand how to meet the needs of children of different ages within the space available, including:
  • how to manage times when numbers in a particular age group may suddenly increase
  • their awareness of health and safety issues at times when they may be particularly full
• what additional arrangements are made, such as increasing staff numbers at times when there are more children

When refuges are unable to meet the required adult-to-child ratio

We may receive notifications that refuges do not have sufficient staff to maintain the required adult-to-child ratio, as set out in the EYFS and regulations. Alternatively, a refuge may tell us that, because of a sudden influx of children, it is temporarily unable to meet the required adult-to-child ratio. It is for providers to determine how to use staff in a setting to ensure that children’s needs are met and that the staffing arrangements do not affect the safety and security of children. The EYFS provides further details about when exceptions may be made to ratio requirements.

The legal framework within which Ofsted regulates

The legislation and regulations under which Ofsted regulates childcare providers include the:

• Childcare Act 2006 and associated regulations
• ‘Statutory framework for the early years foundation stage’
• Childcare (Early Years Register) Regulations 2008, as amended
• Childcare (General Childcare Register) Regulations 2008, as amended

Domestic Abuse Act 2021

The Domestic Abuse Act 2021 aims to help prevent offending, and to protect victims and ensure they have the support they need. Ofsted provides support and advice for the Domestic Abuse Commissioner, when necessary. The Act defines a child as a victim of domestic abuse when the child sees, hears or experiences the effects of the abuse and is related to either person involved. Read a definition of domestic abuse. The Act places a duty on local authorities in England to provide accommodation-based support to victims of domestic abuse and their children in refuges and other safe accommodation.