UK Offence Report

Offence relating to corporal punishment

regulation 9(1) of The Childcare (General Childcare Register) Regulations 2008

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A later years provider who is registered in Part A of the general childcare register commits an offence if, without reasonable excuse, that provider fails to comply with the requirements in paragraph

5 of Schedule 3.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to comply with a notice or direction
Fault element
Strict liability
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

A of the general childcare register commits an offence if, without reasonable excuse, that provider fails to comply with the requirements in paragraph 5 of Schedule 3.

What would breach regulation 9(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Being served with a notice under the Childcare (General Childcare Register) Regulations 2008 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2008-09-01); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
31 March 2008
In force from
1 September 2008
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision relating to the registration of childminders and other providers of childcare in the general childcare register (“the register”) under Chapters 3 and 4 of Part 3 of the Childcare Act 2006 (“the Act”). The register is in two parts; Part A is for the compulsory registration of providers of certain childcare for children from the 1st September following their fifth birthday up to the age of 8, and Part B is for the voluntary registration of providers who are not required to be registered in the early years register (under Chapter 2 of Part 3 of the Act) or in Part A of the register. Regulation 3 revokes the Childcare (Voluntary Registration) Regulations 2007 (S.I. 2007/730) which contain provisions about registration in Part B of the register. From 1st September 2008, provisions about registration in Part B of the register are contained in these Regulations. Part 2 of the Regulations deals with registration in Part A of the register. Regulation 4, with Part 1 of Schedules 1 and 2, prescribes the requirements which must be satisfied for an application for registration to be granted by the Chief Inspector. These include the suitability of the provider and other persons who will be caring for children. Regulation 5, with Part 2 of Schedules 1 and 2, prescribes the information which must be included with an application for registration. Different requirements apply in respect of childminders and other providers of childcare. Part 3 of the Regulations contains provisions relating to the activities of providers registered in Part A of the register, and also to schools which are exempt from registration by virtue of section 53(2) of the Act. Regulation 6, with Schedule 3, sets out the requirements governing the activities of childcare providers. These relate to matters such as the welfare of the children being cared for and the suitability of the premises and equipment. Regulation 8 enables any allegation that the provider has failed to comply with a requirement in Schedule 3 to be taken into account either by the Chief Inspector when exercising functions under Part 3 of the Act (for example, deciding whether to cancel a person’s registration), or in any proceedings. Regulation 9 provides that failure of a provider who is registered in Part A of the register to comply with the requirement prohibiting the use of corporal punishment is a criminal offence. Part 4 of the Regulations deals with registration in Part B of the register and the activities of persons who are registered in that Part. Regulation 10, with Part 1 of Schedules 4 and 5, prescribes the requirements which must be satisfied for registration to be granted by the Chief Inspector. These include the suitability of the provider and other persons who will be caring for children. Regulation 11, with Part 2 of Schedules 4 and 5, provides for the information which must be included with an application for registration. Different requirements apply in respect of childminders, nannies (referred to in these Regulations as “home child-carers”) and other providers of childcare. Regulation 12, with Schedule 6, sets out the requirements governing the activities of childcare providers registered in Part B of the register. These relate to matters such as the welfare of the children being cared for and the suitability of the premises and equipment. Regulation 14 enables any allegation that the provider has failed to comply with a requirement in Schedule 6 to be taken into account either by the Chief Inspector when exercising functions under Part 3 of the Act (for example, deciding whether to cancel a person’s registration), or in any proceedings. Certain additional requirements are imposed on those who are registered, as a result of section 96(5) or (9) of the Act, as providers of childcare other than childminding, even though they provide childcare on domestic premises. An impact assessment has been produced for these Regulations and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source