The large, unwieldy document seemed full of ambiguities and open to different interpretations. And since the code was introduced in September, it has been implemented in very inconsistent fashion by different local authorities. Some impose a rigid approach, with no room for manoeuvre for nurseries struggling to make the funding stack up. Some are interpreting the code in a much more flexible fashion, and some are just choosing not to see what is going on in the way of top-up fees being charged.
It all adds up to legislation that is not working. Stick strictly to the code and you risk settings going out of business or pulling out of offering the free entitlement. Don't enforce it and parents could pay the price if providers take advantage.
So it's good news that the Code of Practice is to be reviewed by the Government (see News, page 4). This needs to be both quick and thorough. Quick, because the Early Years Single Funding Formula will be in place in April and because the problems inherent in the free entitlement system have dragged on for far too long. And thorough, because both early years providers and parents deserve a workable, equitable approach that will support sustainability and quality rather than destroy it.
It will be very important for early years settings from all parts of the country to highlight their experiences and show how very differently the code is implemented in each local authority.