Nursery safety standards and how to complain

Key rules

• Who sets the rules: Your region, not the national government, sets and inspects nursery safety standards for ages 0-3.
• Complaint order: Go to the centre first, then to the education inspectors, or to the consumer office for fee and contract issues.
• Suspected abuse: Report it to the police or prosecutor straight away.
• Staff checks: Nursery staff and volunteers must hold a clean sex-offenders register certificate.

Who sets the rules and who checks them

Your region sets the safety standards for nurseries (children aged 0-3) and your region's education department inspects them. There is no single national rulebook for this age group, so the details depend on where you live. Complaints go first to the centre, then to the inspection or consumer channels.

Start by asking the centre which regional education department authorises it. Then look up that region's nursery rules on the department's website.

What a properly run nursery has

Rules differ by region, but you will usually find these:

• Authorisation from the regional education department.
• Minimum room size per child, with space for sleeping, changing and eating.
• Safe, accessible entry, often at ground level.
• Fire safety, an evacuation plan and a licence from the local council.
• Hygiene rules, including a proper nappy-changing area, and food-safety rules for the kitchen.
• Staff with an early childhood qualification, or an equivalent one.
• Limits on how many children each staff member looks after. A typical benchmark is around 8 for babies under 1, 13 for ages 1-2 and 20 for ages 2-3, but your region sets the real figures.

Staff background checks

Everyone who works regularly with children, including volunteers, must have a clean record for sexual offences. They prove it with a certificate from the Central Register of Sex Offenders, issued by the Ministry of Justice. Nurseries must ask for it before hiring. Staff who are foreign nationals must also provide a certificate from their country of nationality, if that country issues one. You can ask the centre to confirm this is in place.

How to complain, in order

1. Talk to the educator, then the director. If it is not solved, put it in writing and keep a copy.
2. Complain in writing to the education inspectors. Send it to the Inspección Educativa of the regional education department that authorises the centre. You can usually file it in person or electronically through an official registry. Many regions also have an online complaints form. Inspectors check ratios, staff and facilities. They can require corrections or start sanction proceedings.
3. Use the consumer route for fee or contract problems. Inspectors do not handle fee or contract disputes. Ask the centre for the hoja de reclamaciones. Private nurseries must have it and display a sign saying so. Fill it in three copies: one for you, one for the centre and one for the authorities. Then file it with the regional or municipal consumer office (OMIC), or online where your region allows it. The centre may reply. The authorities may mediate, refer the case to consumer arbitration if the centre has signed up to it, or open sanction proceedings.
4. Report suspected abuse straight away. Go to the police or the prosecutor. Do not wait for the steps above.

Not paying a bill or leaving a nursery is a contract matter, not a safety matter.

Forms, offices and online options differ by region. Check your regional education department's website. The checklist, documents and questions below cover the practical steps.

Documents you need

• Negative certificate from the Central Register of Sex Offenders, issued by the Ministry of Justice, for every staff member and volunteer in regular contact with children. The nursery must ask for it before hiring.

• For staff who are foreign nationals, a certificate from their country of nationality, if that country issues one.

Checklist

• Check that the rooms include space for sleeping, changing and eating, safe access, and fire and evacuation plans.

• Ask whether staff hold the required early childhood qualification and the sex offenders register certificate.

• Raise a concern with the educator first, then the director, and put it in writing if it is not solved. Keep a copy.

• Send a written complaint to the Inspección Educativa of your regional education department if the centre does not fix it. File it at an administrative registry, in person or online.

• Report any suspected abuse to the police or prosecutor.

Frequently asked questions

Can the education inspectors help with a fee dispute?

No, education inspectors do not handle fee or other contract disputes with a private nursery. Those go to the consumer office through the complaint form. Inspectors look at things like staff, ratios and facilities.

Does a private nursery have to give me a complaint form?

Yes, a private nursery must keep complaint forms (hojas de reclamaciones) available and display a sign saying so. Ask for the form at the centre and fill it in three copies: one for you, one for the nursery and one for the administration.

Do nursery staff need a criminal-record check?

Yes, anyone working with children regularly, including volunteers, must hold a negative certificate from the sex offenders register, and the nursery must ask for it before hiring. Foreign staff also need a certificate from their country of nationality, if one exists.

What should I do if I suspect abuse at a nursery?

Report it to the police or the prosecutor straight away, rather than waiting for the nursery or the inspectors. You can also send a written complaint to the education inspectorate afterwards.