Scottish Government

***** COUNCIL

CHILDCARE & EARLY EDUCATION SERVICES

PRE SCHOOL AGREEMENT

BETWEEN

***** COUNCIL

and

´Centre_Nameª

Agreement number: ´IDª

*** Council, incorporated under the Local Government etc (Scotland) Act 1994

Chief offices:

XX1 1XX

and

Centre name:

Address:

1 The Centre

***** Council Contact Officer

Name:

Designation:

Address:

Telephone:

Centre Contact/Manager

Name:

Designation:

Address:

Telephone:

3 Purpose

This Agreement is for the purpose of providing:

3.1 Pre-school education for children born between 1.3.XX and 28.2.XX in accordance with the Education (Scotland) Act 1980, section 23-25 of the Education (Scotland) Act 1996 and in exercise of powers delegated to **** Council by the Scottish Executive as explained in the documents produced by the Scottish Executive marked "Annex A" and "Annex B" attached.

3.2 Pre-school education for children born between 16.8.XX and 28.2.XX who do not yet attend school.

4 Duration

Start Date: XXXX

Termination Date: XXXX unless terminated earlier under this Agreement

Subject to compliance with this Agreement by the Centre, **** Council will make the payments and be responsible for the matters set out in the left hand column of Schedule 1

The Centre will provide the services and be responsible for the matters set out in the right hand column of Schedule 1.

No charge will be made to parents other than a reasonable amount to cover snacks for the child unless day care is being provided in addition to Pre School Education.

6 Inspections, Information and Monitoring

The Centre will:

2. open for inspections by or under the direction of The Care Commission and HMIE and afford those carrying out the inspection all the facilities they require to make it;
4. make available to parents on request a copy of the report of the latest inspection of educational quality (if any) by HMIE and their plans for improvement arising out of the recommendations of the HMIE report;
6. display the report publicly for a period of at least one month starting with the date when it is received but taking into account holidays observed by the Centre at the registered office and in the premises where pre school education is provided;
8. display the plans for improvement publicly for a period of at least one month after preparation at the registered office and in the premises where pre school education is provided;
10. make the complaints register referred to in clause 9 available to The Care Commission, HMIE, ***** Council or any other person authorised by the Scottish Executive.

***** Council officers and auditors may visit the Centre from time to time to monitor compliance with this Agreement.

The Scottish Executive and the Head of the Scottish Executive Finance and Central Services Department will act as Accounting Officer in all matters of financial regularity and propriety which will include the

right to access to accounts and other documents in respect of pre-school education funding.

The Centre will provide **** Council Officers and Scottish Executive Accounting Officer and auditors with:

2. a certificate that the grant claim is correct in the form set out in Schedule 3;
4. its annual audited accounts (verified statement of income and expenditure in respect of amounts paid under Pre-school Grant in the case of a non charitable, private business);
6. any other information and records relating to this Agreement

and will allow access to any financial and other information and records deemed by them to be relevant.

The annual audited accounts or verified statement will be provided within 3 months of the end of the Centre's accounting year. Where additional information and records are requested these shall be provided within 7 days of request or, in exceptional circumstances, by return.

7 Notification of Placements

***** Council will produce a form of declaration for centres to give to parents to confirm whether their child is in receipt of pre-school education at another Centre and, if so to name the Centre and provide details of the pre-school education being received there.

The Centre shall notify **** Council in advance of :

• details of eligible children and number of pre-school education places covered by this Agreement;
• details of any child who will be ceasing to access pre-school education except in cases where the Centre does not have advance notice in which case the Centre will notify as soon as it finds out;
• any other pre-school education being accessed by any child in respect of whom payments are made under this Agreement.

8 Child Protection

***** Council will provide the Centre with a copy of the ***** Child Protection Committee Guidelines on or before the signature of this Agreement.

• The Centre will at all times be registered under the Regulation of Care (Scotland) Act 2001 and will comply with all requirements of The Scottish Commission for the Regulation of Care;

• Police checks will be carried out on all staff whether paid or voluntary except parent volunteers whose own child is attending the Centre.

• The Centre will have regard to current child protection issues and have procedures in place to deal with them. It will comply with its own Child Protection Policy or, if it does not yet have such a policy, will develop a Child Protection Policy during the term of this Agreement.

• The staff/child ratio shall be at least 1/8 or such other ratio as may be agreed by the Council in accordance with current requirements about staff/child ratios including those under the National Care Standards.

9 Insurance

The Centre shall have in force at all reasonable times adequate and suitable insurance to cover all claims made by or on behalf of children, staff and visitors to the premises in respect of loss or damage to property or goods, personal injury, disease and death

10 Complaints

**** Council shall be provided with a copy of the complaints, procedure, register and any updates on request.

The Centre shall have a complaints procedure for parents and those with parental responsibilities which must include:

• a statement of how complaints can be made and how they will be dealt with;
• the name of the person parents should contact if they have a complaint;
• provision for oral and written complaints;
• appeals procedure.

There shall be a register of complaints including the following information:

• the date and form of the complaint;
• the name of the person making the complaint;
• a brief description of the nature of the complaint;
• a note of any action taken as a result of the complaint and date when taken.

11 Repayment of Grant

The Centre shall repay to ****Council on demand all or part of any payment made under Schedule 1, which has not been used in accordance with this Agreement.

12 Termination

Either party may terminate this Agreement by three months written notice to the other party or such shorter period as may be agreed in writing by both parties.

****** Council may terminate this Agreement without notice if the Centre:

• commits a breach of its obligations under the Agreement;
• breaches any condition of its registration under the Children Act 1989 or fails to comply with the Regulation of Care (Scotland) Act 2001 whether or not its registration is terminated as a result;
• persistently fails, after a reasonable notice has been given, to provide pre-school education in accordance with this Agreement;
• does not have any registration, licence or other permission to operate which is required by this Agreement, by the Scottish Executive or by any law or regulation;
• has a receiver appointed or goes into liquidation (other than for reconstruction or amalgamation), or passes a resolution for voluntary winding up or if the Centre is not incorporated, if any partner or individual becomes bankrupt or apparently insolvent or signs a trust deed for creditors.

This Agreement may be varied by agreement in writing signed by both parties.

Obligations relating to the provision of pre school education, payment and responsibilities shall continue during discussions about variation.

The Centre shall not assign or subcontract its obligations under this Agreement without prior written agreement of **** Council.

Both parties agree not at any time during or after the period of this Agreement to release any confidential information relating to this Agreement except where such release is required by law.

If any dispute arises between the parties in relation to this Agreement it should be referred in the first instance to the Education Manager and both parties will use best endeavours to reach an amicable and working resolution as soon as possible.

If any dispute cannot be resolved within a reasonable time either party may refer it to a single arbiter agreed by both parties or, failing agreement, by an arbiter nominated by the , ***** at ****** on the application of either party. The findings of such arbiter shall be final and binding on both parties. Expenses of arbitration shall be borne equally.

If any matter arising out of this Agreement is under dispute or referred to an arbiter, the organisation shall remain responsible for providing the pre-school education and ******* Council shall remain responsible for making payments in respect of such services.

The construction, validity, performance and all other matters arising out of and in connection with this Agreement shall be governed by the law of Scotland and be subject to the exclusive jurisdiction of the Scottish Courts.

Signed on behalf of ********* Council by:

Name:

Name:

Designation:

Address: ******* Council

Date:

Designation:

Signed on behalf of the Centre by:

Witness Signature:

………………………………………

……………………….………..

Name:……………………………...

Name: …………………….…...

Designation:………………………

Address: ……………………….

Date:………………………

………………………………..…

……………..……………………

Designation:……………………..

Local Authority

Subject to compliance with this Agreement, *****Council will pay the Centre:

Where the Centre offers less than 412 ¹/ ₂ hours of pre-school education during the period of this Agreement (12 ¹/ ₂ hours per week over 33 weeks a year) the payments will be pro rata.

Payment will be by cheque in advance twice per term. First instalment at the start of the term and the second instalment after the terms census date

Payment may be recovered if a child leaves the Centre part way through the term.

No payments will be made in respect of day care where a child is accessing pre-school education with additional day care.

***** Council will carry out a programme of quality assurance monitoring visits to a random sample of Centres.

Providers

General Conditions

The Centre will deliver pre-school education in accordance with annex A and B attached and will comply with the following general conditions:

1. the Centre will deliver 412 ¹/ ₂ hours of pre-school education during the period of this Agreement or such other amount as is specified in the "Special conditions" below;
2. The pattern of provision will be 12 ¹/ ₂ hours per week over 33 weeks or such other pattern as is specified in the Special Conditions;
3. No child shall have more than 3 continuous hours of pre-school education without a rest period of at least one hour nor more than 5 hours in any day nor more than 5 sessions in any week. This provision may not be varied by the Special Conditions;
4. the Curriculum Framework for Children 3 to 5 published by Scottish Executive in 1999 shall be implemented;
5. regard shall be had to Performance Indicators and Self-Evaluation for Pre-School Centres as set out in the "The Child at the Centre" document - a Scottish Executive publication of May 2000.
6. the presence and absence at each session of every child eligible for grant shall be recorded
7. no child shall be given corporal punishment by any person employed by or connected with the Centre;
8. the following information will be provided to any person making an inquiry with a view to securing a place or who already has a place for a child at the Centre:

• premises and equipment, number of staff and relevant experience and/or qualifications, educational programmes and activities, term dates and timetable for sessions;
• admissions policy;
• system for reporting children's progress to parents;
• statement that a complaints procedure exists and information on how to get further information about it;

1. The following information will be available on request:

• qualifications held by staff and policy for staff training;
• discipline policy;
• health and safety policy;
• child protection policy
• equal opportunities policy;
• provision made for children with special educational needs;
• procedure for dealing with parent's complaints;

1. have regard to current child protection issues and have procedures in place to deal with them;
2. have regard to the "Effective Provision for Special Educational Needs" published by HMI in 1994
3. make available to any person authorised by the Scottish Executive such information relating to pre-school education in respect of which payments of grant are made as may from time to time be required for the purpose of conducting research into pre-school education.
4. provide quality assurance and staff training and co-operate fully with Quality Assurance team staff.
5. complete and return an annual census to the Childcare & Early Education Service in the summer term as required by the Scottish Executive for statistical purposes
6. comply with all relevant laws and regulations.

Special Conditions

12 1/2 hours of pre-school education per week should be made available to all children (three and four year olds) attending the Centre. If there are limitations on the number of sessions offered then details of the reason for the restriction should be attached to this agreement.