The Department for Education has published the amendments to the Early Years Foundation Stage statutory framework (EYFS) and laid the changes before Parliament.
The DfE consulted on the changes last year, the most controversial of which are those around increasing the number of two-year-olds that staff in early years settings are legally allowed to care for.
On Budget day in March, the Government confirmed that it would plough ahead with the proposed changes to ratios, despite a widespread campaign against the plans and large opposition from parents and early years providers.
The majority of providers responding to the Government’s own consultation opposed the change and linked Government-commissioned research found 70 per cent would be unlikely to change their current ratios for two-year-olds.
The other changes that will come into force in September are an increase to the number of children that childminders can care for, as well as tightening up rules around supervising children at mealtimes.
KEY POINTS – EYFS CHANGES FROM SEPTEMBER 2023
- a change to the current statutory minimum staff: child ratios in England for 2-year-olds from 1:4 to 1:5;
- clarifying that childminders can care for more than the currently-specified maximum of three young children, when caring for siblings of children they already care for, or when caring for their own child; and
- clarifying that 'adequate supervision' while children are eating means that children must be within sight and hearing of an adult (rather than the current wording of 'sight or hearing').
The DfE said it has laid a Statutory Instrument (SI) in Parliament to amend the EYFS to make the changes above.
The updated version of the EYFS is available alongside the current version of the EYFS (which still applies until 4 September 2023).
Alongside the consultation, the DfE commissioned research from the National Centre for Social Research (NatCen) and Frontier Economics with early years providers to assess the impact of the proposed changes.
This found that just 7-12 per cent of all settings with two-year-olds thought the ratio change would save any money at all.
Purnima Tanuku, chief executive of the National Day Nurseries Association (NDNA) said the change would not reduce the cost of childcare as the DfE initially claimed because most providers and parents do not want to move to the new ratios for younger children.
‘It is disappointing that the Government did not listen to the majority view of providers, parents and experts who responded to the consultation,’ she said. ‘However, we know that parents can be reassured that early years settings remain committed to giving their children the best early learning opportunities in a caring and nurturing environment.
Tanuku added that it was important that the funding rates for two-year-old places ‘reflect how providers operate at the moment and are not used to push people into making these changes. The Government has committed to this approach and we need to see that it remains in place as the offer of funded childcare is expanded to two-year-olds from April.’
Commenting, Neil Leitch, CEO of the Early Years Alliance, said changes to ratios would harm quality and compromise safety and said it was ‘nothing less than shameful’ that the Government had pushed ahead with the plans when there was such strong opposition to them.
‘It's clear that these ratio changes are being implemented at the worst possible time for the early years sector and families. Not only do children need more individual care and attention than ever but coupling the ratio changes with the upcoming expansion of “free hours” risks piling more pressure on a workforce that is already pushed to the limit.’
He added that once again the views of the sector had been ‘completely disregarded’ and that the Alliance would continue to oppos ethe change and work to reverse the ‘retrograde policy’.
The DfE said it would be issuing more 'more preparatory comms' to the sector in August before the changes come into effect in September and noted that the draft EYFS was separate to the current EYFS consultation, which is open until 26 July 2023.
The current consultation includes plans to change the EYFS to remove the requirement for Level 3 early educators to hold a Level 2 (GCSE or equivalent) maths qualifications, and instead apply for this requirement to managers only; a childminder-specific EYFS; and to change the percentage of Level 2 qualified staff required for staff: child ratios.
The DfE said, ‘We envisage any changes made, taking into account the outcome of that consultation, would be implemented in early 2024, subject to the parliamentary process.'
- The draft EYFS, which comes into force on 4 September is available here, alongside the current EYFS.
- The EYFS regulatory changes consultation closes on 26 July.