Regulations stipulate that any paid youth worker who holds one of the recognised qualifications, or youth support worker who holds one of the recognised qualifications, or is working towards one of the qualifications, is registered with the EWC before they start work for, or on behalf of, a relevant body.

A relevant body means:

1. a local authority in Wales
2. a governing body of a school
3. a further education institution in Wales
4. a voluntary body, to the extent that the youth development services provided for or on behalf of the voluntary body are provided to people in Wales

A youth worker is a person who provides (or wishes to provide) youth development services, and who possesses at least one of the qualifications specified as youth worker.

A Youth Support Worker is a person who provides (or wishes to provide) youth development services, and who possesses at least one of the qualifications specified as youth support worker. 

Youth development services are defined as services:

1. provided mainly to persons who are aged no younger than 11 and no older than 25, and
2. which promote:
   1. the development of the skills or knowledge of such persons
   2. the intellectual, emotional, or social development of such persons

Practitioners wanting to register with the EWC as a qualified youth worker, or as a qualified youth support worker, must evidence they have one of the mandatory qualifications when they apply to register.

Practitioners working toward one of the qualifications listed can apply for provisional registration with the EWC whilst they work towards their qualification.

Please note, Welsh Government amended the regulations in May 2023, which removed level 2 youth support qualifications from the list of eligible qualifications. Subsequently, those qualified to level 2 are no longer eligible to register with the EWC. Those historically registered with the EWC with a level 2 qualification will need to achieve the level 3 qualification before May 2025. Those who do not achieve level 3 will be removed from the register in May 2025.

Qualified youth workers, or qualified youth support workers not registered with the EWC

If an employer employs an unregistered qualified youth worker or qualified youth support worker to undertake the services defined, they are in breach of the law.

It is possible that an employer will find, that an employee or prospective employee is not registered.

If the youth worker or youth support worker is eligible for registration but has not registered, they cannot start work until they are registered. In such cases, the employer/prospective employer should inform the applicant to apply to register with the EWC.

If a qualified youth worker or qualified youth support worker cannot be registered due to restrictions, they should not be employed.

Regulations stipulate that work-based learning (WBL) providers should ensure every WBL practitioner who provides education or training in an WBL environment, is registered with the EWC before they start work.

Work-based learning is defined as ‘education or training provided for persons aged 16 or above, (regardless of whether it is also provided for persons under 16), in order to develop knowledge and skills relevant to a particular trade, occupation or employer.’

A WBL practitioner is defined as a person, who provides, or wishes to provide, WBL practitioner services.

Work-based learning practitioner services are defined as:

• coordinating and delivering work-based learning
• assessing learners’ knowledge and skills

Examples of roles which need to be registered

The list is not exhaustive. Using the definitions provided, employers need to consider the actual role an individual is undertaking and not just their job title.

Roles which need to be registered:

• assessors
• trainers
• learning deliverers
• coaches
• mentors
• those that coordinate delivering WBL:
  • management/leadership roles
  • quality assurance staff
• some self-employed person or persons provided by an external organisation

Roles that do not need to be registered include:

• administrative staff
  • office based administrators
  • IT systems support
  • human resources
  • finance
• sales and marketing staff
• unpaid volunteers

A practitioner must be registered in the category or categories of registration for the role(s) they undertake. For example, if the employee works part-time as a WBL practitioner and part-time as an FE teacher, they must be registered in all relevant categories. They would, however, only pay one registration fee.

There are four categories of registration which apply to practitioners working in the further education (FE) sector in Wales:

• principals and senior leaders in further education
• further education teacher
• further education learning support worker
• work-based learning practitioner

FE principals and senior leaders

FE institutions should ensure that a person who is managing teaching and learning in, or for, an FE institution in Wales is registered.

Further education is defined as education (other than higher education) suitable to the requirements of persons who are over compulsory school age (over 16 years old).

Further education principal and senior leader is defined as a person who is managing teaching and learning in, or for, an FE institution in Wales, who is not on a lecturer’s contract.

Those who fall within the above definition, but also undertake lecturing, would need to register in both the category of FE teacher, and FE principal and senior leader, to undertake their work.

Please note, there is no minimum qualification for registering as an FE principal or senior leader.

FE teachers

FE teachers include:

• any person employed by an FE institution on a lecturers’ contract, whether this be full-time, part-time, temporary, fixed term basis or on an hourly rate
• a person employed on a management scale, but that undertakes scheduled lecturing or teaching in, or for an FE institution, regardless of the number of hours involved or however short-term the lecturing or teaching may be for
• a person who has a part-time contract as an FE lecturer, and another part-time contract as an FE learning support worker
• agency staff undertaking lecturing/teaching duties, without a temporary or permanent contract with an FE institution

Regulations stipulate that any practitioners registered as a further education teacher must hold at least one of the qualifications listed in the schedule.

Practitioners who do not have one of the qualifications listed in the schedule can register, but must seek to achieve an appropriate qualification within the following time periods:

• three years from the date on which they started working towards the qualification where the practitioner is employed full-time
• five years from the date on which they started working towards the qualification where the practitioner is employed part-time

FE learning support workers

An FE learning support worker can be a person employed by an FE institution (not on a lecturers’ contract) to provide any of the support services set out in the Act, where the person is directly involved in learning delivery, whether this be full-time, part-time, temporary, fixed term basis or on an hourly rate. This might include a learning support assistant, an instructor, demonstrator, technician, learning coach or librarian who may assist students with any learning.

They can also be a person who is not on a lecturers’ contract and who undertakes a small amount of lecturing in addition to their substantive non-lecturing role in order to cover the absence of a contracted FE teacher. This would include all employees (including business support staff) who might receive a temporary uplift or similar to undertake such duties. However, if such a person is subsequently placed on a lecturers’ contract later, they would then need to be registered in the category of FE teacher instead

They also include agency staff delivering support services of an FE learning support worker without a temporary or permanent contract with a FE institution.

Also, anybody who is already registered in another category with the EWC, but provides support services of an FE learning support worker. All staff need to be registered in the category or categories of registration for the work they undertake.

Independent special post-16 institution teacher

If a teacher in an independent special post-16 institution is undertaking one or more of the following activities, then they must be registered in the independent special post-16 institution teacher category:

• planning and preparing education and training for learners
• delivering education and training to learners (including distance learning, or computer aided techniques)
• assessing or reporting the development and progress of learners
• undertaking a senior leadership role in managing teaching and learning independent special post-16 institution

These requirements also apply to other workers who may undertake one of the above activities within the institution such as:

• supply teachers
• peripatetic school teachers
• hourly paid staff
• visiting workers like music tutors, sports coaches where they are delivering lessons as part of curriculum delivery. (This does not apply if they are after voluntary school sessions)

Independent special post-16 institution learning support workers

If a learning support worker in an independent special post-16 institution is supporting the provision of one or more of the following activities then they must be registered in the independent special post-16 institution learning support worker category:

• planning and preparing education and training for learners
• delivering education and training to learners (including via distance learning or computer aided techniques)
• assessing the development and progress of learners
• reporting on the development and progress of learners

These requirements also applies to other workers who may undertake the support role such as a supply learning support worker.

Registration does not apply to staff who carry out a purely administrative role within the special post-16 institution or where their interaction with pupils is not in a teaching or learning capacity.