An Overview of Legal Requirements for After-School Clubs in the UK, Ireland, and USA

Establishing and operating an after-school club involves navigating a complex landscape of legal requirements and ensuring that staff possess the appropriate early years qualifications. This comprehensive guide aims to elucidate these requirements for the UK, Ireland, and the United States, providing clarity for prospective providers.
 

Legal Requirements for After-School Clubs

United Kingdom 🇬🇧

In the UK, after-school clubs are categorised under “out-of-school settings.” The Department for Education has issued safeguarding guidance for providers, emphasising the importance of:

• Safeguarding and Child Protection: Providers must have clear guidelines on how they will keep children safe and respond to child protection concerns. A copy should be available on their website or provided upon request. At a minimum, the policy should include how they will keep children and young people safe, a commitment that under no circumstances should any staff member or volunteer inflict physical or psychological harm on a child, how they would handle specific safeguarding issues, details of the person responsible for keeping children in the club or activity safe and how to contact them, contact details for local safeguarding services such as the local council and the police, contact details for any relevant governing body and/or association (if they have one), and any additional guidance, information, or expectations that parents need to be aware of.

• Health and Safety: Providers should be able to name an appointed person in charge of first aid. They should also be able to tell parents what first-aid training this appointed person has had, let parents know that they have a first-aid kit available, have carried out a risk assessment to identify what could cause injury or illness in their setting, and follow the guidance on health protection in schools and other childcare facilities and living safely with respiratory infections.

• Staff Suitability: Providers with staff members should be able to provide a staff behaviour policy (sometimes called a staff code of conduct) that includes information on how they deal with allegations against staff, whistleblowing procedures, acceptable use of technologies (including the use of mobile devices), staff and pupil relationships, and communications, including the use of social media. They should also have information on how staff will respond directly to a child who discloses abuse.

Additionally, providers should collect at least one emergency contact number for the parent or carer (but ideally more than one), the parent’s full name, and the child’s home address. Parents should share any medical concerns or allergies their child may have. Providers might collect the information through an electronic or printed form. If a child attends the club or activity for more than a year, they should ask parents for updated information.
For more information visit Safeguarding guidance for providers: UK After-school clubs, community activities, and tuition. 

Ireland 🇮🇪

In Ireland, after-school services are regulated under the Child Care Act 1991 (Early Years Services) Regulations 2016. All staff working directly with children in a pre-school service must hold at least a Level 5 major award in early childhood care and education on the National Framework of Qualifications (NFQ), or a qualification that the Minister for Children, Equality, Disability, Integration and Youth has deemed to be equivalent. The Department of Children, Equality, Disability, Integration and Youth has published a list of qualifications that meet both regulatory and funding requirements for working in early learning and care services. 

For more information visit: Department of Children: gov.ie

United States 🇺🇸

Establishing childcare or afterschool clubs in the United States requires compliance with federal, state, and local regulations aimed at ensuring child safety, welfare, and appropriate educational standards. At the federal level, facilities must adhere to guidelines outlined in the Americans with Disabilities Act (ADA) to accommodate children with disabilities, meet Occupational Safety and Health Administration (OSHA) standards for safety, and fulfill requirements regarding background checks for staff under the Child Care and Development Block Grant Act (CCDBG). Each state further enforces licensing rules that typically mandate staff-to-child ratios, minimum educational qualifications for caregivers, emergency preparedness protocols, health inspections, and ongoing training requirements. Additionally, childcare centers must follow local zoning laws, building codes, fire safety regulations, and sometimes environmental standards. Programs receiving federal or state funding, such as through USDA’s Child and Adult Care Food Program (CACFP), must also meet nutritional guidelines. Failure to adhere to these comprehensive legal frameworks can lead to penalties, loss of license, or closure of the facility.

For more information visit: ChildCare.gov : USA
 

Early Years Qualifications

United Kingdom 🇬🇧

For individuals who have achieved early years qualifications outside the United Kingdom and wish to work in an early years setting in England, the Department for Education provides guidance on how to make an application for recognition of overseas qualifications. This applies to those in Europe and the rest of the world.

Ireland 🇮🇪

In Ireland, under the Child Care Act 1991 (Early Years Services) Regulations 2016, all staff working directly with children in a pre-school service must hold at least a Level 5 major award in early childhood care and education on the National Framework of Qualifications (NFQ), or a qualification that the Minister for Children, Equality, Disability, Integration and Youth has deemed to be equivalent. The Department of Children, Equality, Disability, Integration and Youth has published a list of qualifications that meet both regulatory and funding requirements for working in early learning and care services.

United States 🇺🇸

In the United States, early childhood education qualifications vary by state. While there is no federal mandate for early childhood education qualifications, many states have established their own requirements for staff working in after-school programs. For instance, some states require staff to hold a Child Development Associate (CDA) credential or a bachelor’s degree in early childhood education. It’s essential for providers to consult their state’s Department of Education or equivalent agency to understand specific qualifications and licensing requirements.

Final Thoughts

Establishing and operating an after-school club in the UK, Ireland, and the United States requires adherence to specific legal requirements and ensuring that staff possess the appropriate early years qualifications. By following the guidelines provided by the respective governmental departments, providers can create a safe and nurturing environment for children, fostering their development and well-being.

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