The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Early Years Foundation Stage (Welfare Requirements) Regulations 2007 (S.I. 2007/1771) (“the 2007 Regulations”).

Regulation 3 inserts new definitions into regulation 2 of the 2007 Regulations. In particular, regulation 3(a) replaces the definition of “the Document” so that it refers to the version of the document entitled “Statutory Framework for the Early Years Foundation Stage” (“the EYFS document”) published by the Department for Children, Schools and Families on 19th May 2008 with ISBN 978-1-84775-128-7. Section 3 of this Document contains welfare requirements which are specified under section 39(1)(b) of the Childcare Act 2006 (“the 2006 Act”).

Copies of the EYFS document can be obtained from DCSF Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 ODJ (Tel [phone]; email [e-mail]; ref: 00267-2008BKT-EN.). It is also available at www.standards.dcsf.gov.uk/eyfs.

Regulation 5 inserts three new regulations into the 2007 Regulations which modify the effect of the welfare requirements contained in the EYFS document in specified cases.

New regulation 3A contains a transitional provision relating to providers who were previously registered as child minders under Part 10A of the Children Act 1989, but who, on 1st September 2008, are transferred to the early years register as providers of childcare other than childminding. This is as a result of section 96(5) of the 2006 Act which provides that, where more than three childminders or assistants provide early years provision on domestic premises at the same time, this is not early years childminding. The transitional provision gives a period of two and a half years for the staff of an early years provider to obtain the qualifications required by the EYFS document for early years providers other than childminders. It also provides that until those qualifications have been obtained, the early years provider must comply with child to adult ratio requirements for childminders, rather than those for other early years providers.

New regulations 3B and 3C modify the effect of certain of the welfare requirements as they apply to early years provision in independent schools. Regulation 3B contains a transitional provision so that, for a one year period from 1st September 2008, certain requirements about qualifications for staff in independent schools are disapplied.

New regulation 3C applies certain requirements about ratios and qualifications to members of staff who are providing instruction in certain subjects or skills, or who qualified as teachers overseas. It also modifies the ratio requirements for a class in which the majority of children will reach the age of 5 or older during the school year.

Regulation 6 amends a number of provisions in the 2007 Regulations so that they only apply to an early years provider who is registered in the early years register (and therefore not to schools which are exempt from registration as a result of section 34(2) of the 2006 Act).

Regulation 7 amends regulation 8 of the 2007 Regulations which requires early years providers to notify Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”) of certain events. It sets out the detailed information that must be passed on to the Chief Inspector when a provider is notifying a change of certain specified persons.

Regulation 8 makes minor amendments to the Schedule to the 2007 Regulations. In particular, it adds to the events which an early years provider must notify to the Chief Inspector.

No impact assessment has been prepared for this instrument because no additional impact on business, charities, voluntary bodies or the public sector is foreseen. An impact assessment relating to the Early Years Foundation Stage was prepared, and subsequently updated for the Early Years Foundation Stage (Exemptions from Learning and Development Requirements) Regulations 2008 (S.I. 2008/1743), and is annexed to the Explanatory Memorandum which is available alongside that instrument on the OPSI website: http://www.opsi.gov.uk.