Permit and supervision
Childcare operators must have an operating permit. This permit is issued by the Public Entity, if the organisation meets the quality criteria set out in the legislation and regulations.
The Inspectorate of Education checks whether the quality requirements for childcare centres and host parents are being met. Read all about the operating permit and the supervision on the quality of childcare in this section.
Operating permit
An operating permit is required to start a childcare location. You must apply for this permit in writing with the Public Entity, addressed to the Executive Council. This also applies if you want to change any of the details in the permit.
- You must enclose the following information and documents with the application:
- A copy of the business permit
- In case of a sole proprietorship: name, address, telephone number and proof of registration with the Chamber of Commerce (not older than three months)
- In case of a legal entity: names, addresses, dates of birth of the directors / board members, a copy of the articles of association, proof of registration with the Chamber of Commerce (not older than three months) and, if applicable, a copy of the shareholders register
- Proof of registration in the population register of the applicant and employees, and a copy of residence permits and/or visa
- A Certificate of Good Conduct (VOG) for the applicant and employees, not older than three months
- The maximum number of children and the age of the children per day part
- The maximum number of professionals per day part
- Opening and closing times
- The (intended) address of the childcare location
- The pedagogical and educational policy plan of the childcare location
- The step-by-step plan Domestic Violence and Child Abuse Protection Code of the childcare location.
- The health and safety policy of the childcare location
- A map of the childcare location (with dimensions of the indoor and outdoor areas)
- The proof of payment for the administrative fees
- The Executive Council (EC) decides whether you are granted the permit. Therefore the EC seeks advice from the Quality Committee. The EC also asks the Inspectorate whether the childcare location complies with the rules laid down in the law. The Quality Committee issues an overall opinion and the EC makes the final decision.
- The application procedure usually takes approximately two months. This period starts once all documents have been submitted. If any documents are missing, the applicant is given four weeks to submit them. The procedure can only officially start once everything is complete. If the applicant does not submit the required documents within four weeks, the application will not be processed.
- After the submission of the complete application, the EC requests advice from the Quality Committee and the Inspectorate of Education. The EC has six to eight weeks to respond. If more time is needed to review everything, the applicant is notified accordingly.
- A permit is granted for an indefinite period.
- The permit is for a specific person or organisation and is only valid for the location for which it was applied.
- The permit cannot be transferred. If the name on the permit changes, this must be reported in writing to the Public Entity.
- The front page of the permit must be displayed in a clearly visible manner at the location. It must state the name and address of the permit holder and the board of directors, the type of childcare and the maximum number of children (with the age) that can be cared for.
The supervision
The Inspectorate of Education and civil servants of the Public Entity (the local inspectors) jointly supervise the quality of childcare. The Inspectorate of Education is ultimately responsible for said supervision. In the first few years after the Law goes into effect, the Inspectorate will mainly carry out stimulating supervision. This means that the Inspectorate will mainly seek to assist in improving the quality of childcare by checking whether the quality of the childcare locations is adequate.
- The Inspectorate of Education and the local Inspectorate inspect all childcare locations every year. They check whether the childcare complies with all the rules laid down in the legislation and regulations. They use a special overview with points to pay attention to (assessment framework).
- An inspection visit can be announced in advance, but it can also be unannounced. The Inspectorate not only looks at the documents, but also visits the groups. They talk to the board, the management and the employees. Sometimes they also talk to children and parents.
- After the investigation, the Inspectorate writes a report with the results and any (remedial) tasks to improve things.
- The operator or host parent first receives a draft version of the report. If there are any errors, the operator or host parent can respond within two weeks, either in writing or verbally.
- The operator or host parent can also submit any missing documents (between the draft and final reports) in order to meet the requirements. The Inspectorate can then amend the report (and its assessment) if necessary.
- The report is then finalised and published on the website of the Inspectorate of Education. The operator or host parent can still submit an opinion (point of view) on the final report, which is then added to the report.
- In addition to the regular annual audit, the Inspectorate can also conduct additional audits:
- A further audit is conducted if the childcare location needs to make improvements. The Inspectorate then checks whether this has been done sufficiently.
- Incidental audits are conducted if there are complaints or concerns, for example from parents, that could pose a risk to children. The Inspectorate then investigates whether the childcare location complies with the rules on one or more quality aspects.
Assessment framework
The assessment framework of the Inspectorate of Education sets out what the Inspectorate pays attention to during an inspection visit.
- The assessment framework consists of four components (quality areas) with a total of 32 quality aspects for childcare centres and 26 for host parents.
- The Inspectorate asks a central question for each component. To answer this question, the Inspectorate looks at the rules laid down in the Law. The components are:
- Administration, Staff and Housing: does the childcare location meet the requirements in terms of administration, staff and housing?
- Health, Safety and Pedagogical Climate: is it safe and healthy for the children?
- Childcare and Learning through Play: are children sufficiently stimulated in their development?
- Quality Assurance, Quality Culture and Accountability: does the management focus on the improvement of quality?
- If a childcare location meets the requirements for a quality aspect, it receives a pass for that aspect. This means that the childcare location meets the basic quality requirements, i.e. all legislation and regulations relating to that quality aspect.
- The Inspectorate awards a “good” rating if the childcare location meets the legal requirements and also achieves its own ambitions in terms of quality
- If a childcare location does not meet the requirements applicable to a quality aspect:
- The childcare location receives an “unsatisfactory” rating for a quality aspect in the areas of Administration, Staff and Housing or Health, Safety and Pedagogical Climate. The Inspectorate then issues an order to improve the situation, with a clear deadline for compliance. If the health and safety of children and staff is at stake, the problem must be resolved quickly and the deadline for compliance will be short. The Inspectorate returns after the deadline to check that the problem has been resolved.
- Until 2030, the Inspectorate refers to an “area for improvement” if it concerns a quality aspect in the areas of Childcare and Learning through Play or Quality Assurance, Quality Culture and Accountability. The childcare location will then have up to a maximum of one year to improve this. The Inspectorate checks this during its next annual visit.
Enforcement
The Inspectorate looks at what is satisfactory and what could and should be improved. The Inspectorate discusses this during the audit, in the final meeting, and documents this in the report.
- If a quality aspect is unsatisfactory, the Inspectorate makes agreements with the childcare operator about what needs to be improved. The deadline is usually less than one year. For areas for improvement, the deadline is usually one year.
- If a childcare location does not comply with the legal requirements, fails to fulfil the stipulated agreements or repeatedly fails to carry out a remedial order, the Inspectorate can take stricter measures:
- an order subject to penalty: if an organisation fails to carry out the assignment (again), it must pay a certain amount.
- a fine: if there is repeated failure to comply with the agreements.
- temporary closure: if there is an immediate danger to the health or safety of children.
- recommendation to revoke the permit: if a childcare operator repeatedly violates the rules, the Inspectorate may recommend that the Public Entity revokes the permit.
Publication of report
The report is published on the website of the Inspectorate of Education in the third week after it has been adopted: https://toezichtresultaten.onderwijsinspectie.nl/.
- The report includes the following:
- The findings, opinions and assessments on all quality aspects.
- A general picture of how the childcare location is developing and what factors in the surrounding area influence its quality (context).
- The assignments for improvement and how much time has been allocated for them.
- If the childcare operator submitted its own response (point of view), this is also included in the report.
- The childcare organisation must also publish the report on its own website or in a place where parents and employees can easily find it.
- Anyone who is directly involved in the childcare location (a stakeholder) can object to the publication in writing. This must be done within six weeks after the date on which the report has been sent.
More information about the supervision on childcare in the Caribbean Netherlands can be found on the website of the Inspectorate of Education: www.onderwijsinspectie.nl/kinderopvangCN.
If you have any questions or would like to report something about the quality of childcare then please send an email to the Inspectorate: kinderopvangcn@owinsp.nl.