The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) (No. 2) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (“the 2007 Order”) and the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (“the 2012 Regulations”) which modify and disapply certain requirements imposed under the 2007 Order and the 2012 Regulations.

The amendments are made to assist early years providers during the period of any prohibitions, restrictions or requirements imposed by regulations or a direction, in order to control the transmission or incidence of coronavirus, which impact upon a provider’s ability to comply with certain requirements under the Statutory Framework for the Early Years Foundation Stage (“the Document”). The Document was published by the Secretary of State for Education on 3rd March 2017 on the gov.uk website(1). There is a duty on the Secretary of State to keep the operation of the amendments under review.

Part 1 contains general provisions.

Part 2 amends the 2007 Order to allow the current disapplications(2) under the 2007 Order to take effect where prohibitions, restrictions or requirements relating to coronavirus are imposed by regulations or a direction, to control the spread of the virus and it is not reasonably practicable for a provider to comply with the prescribed requirements in regulation 4 of these Regulations.

Instead, the learning and development requirements are to be treated as discharged, if a provider uses its reasonable endeavours to discharge those requirements and the requirement to undertake progress checks at age 2, is disapplied.

Similarly Part 3 modifies and disapplies some provisions in the 2012 Regulations relating to safeguarding and welfare requirements where prohibitions, restrictions or requirements relating to coronavirus are imposed by regulations or a direction, to control the spread of the virus and it is not reasonably practicable for a provider to comply with the prescribed requirements in regulation 5 of these Regulations.

Paragraphs (3) and (4) of new regulation 3B in the 2007 Order and 3B in the 2012 Regulations, enable some of the modifications to be treated as discharged for a further 14 day period following the cessation of the relevant legislation for providers who have and will continue to meet certain requirements.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

(1)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/596629/ EYFS_STATUTORY_FRAMEWORK_2017.pdf. A hard copy or an electronic copy of the Document can be obtained by contacting [e-mail].

(2)

See The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020 (SI 2020/444) for the current disapplications and modifications that apply under the Document.