The statutory guidance sets out how local authorities should guarantee that all parents of three-and four-year-olds have greater flexibility in how they use the free offer of 15 hours a week, spread throughout no fewer than 38 weeks, when it comes into force in September.
The Code also confirms that from 2012, parents will also have the right to spread the free entitlement over a whole year. The Government said this would help parents balance childcare with employment or training and enable them to budget.
Providers and local authorities will also be required to consult parents locally about how they can provide free childcare more flexibly.
The document sets out a minimum model for offering the 15 hours local authorities must guarantee parents, which is three hours a day over five days a week - allowing up to 12.5 hours a day over two days, or five hours a day over three days of the week.
It also suggests other combinations of hours that councils might wish to consider, based on parental demand in their area.
While the Code states that the department recognises that some providers are not able to open for 15 hours a week or 38 weeks a year - for example independent schools, which are usually open for 34 weeks a year, or pre-schools that share premises - it says that local authorities should not fund providers to deliver fewer hours without 'good reason (for example limited premises or opening hours)'.
Early years settings must not charge parents any fees during the free 15 hours, although that won't necessarily be the first 15 they attend - it will depend on what pattern of delivery has been agreed between the provider and the local authority as per the code of practice. However, they can charge for extra classes and lessons that do not fall within the learning and development requirements of the Early Years Foundation Stage.
The Code also says that all local authorities should establish a childminder quality improvement network or equivalent, so that childminders can access free entitlement funding.
The network must be run by a suitably qualified co-ordinator and give opportunities for training through continuous professional development, including access to a graduate leader.
To be eligible to offer free places, childminders must be part of a network, be qualified to a minimum of Level 3 and have a good or outstanding rating or to have been categorised good or above through the Early Years Quality Improvement and Support Programme.
As well as entitlement to a flexible 15-hour free offer, the Code highlights the importance of giving parents access to good quality provision.
LAs should ensure that settings receiving the free entitlement funding that are below 'good' quality are supported by early years consultants to reach a minimum of 'good' within 18 months.
- The Government has also reached its target of 3,500 children's centres. Prime Minister Gordon Brown said, 'Over the last ten years we've been building children's centres in every community. It's the revolution that we started ten years ago, with children centres spreading to the whole of the country, and now we're trying to improve them bit by bit so they really are tailored to the needs of parents - parents who are working, parents who have got a number of children, parents who have got young children that need the benefit of early learning opportunities - because this is the most formative part of everyone's life and children need the help to grow to the best of their ability.'
Further information: The Code of Practice is available at www.dcsf.gov.uk/everychildmatters/resources-and-practice/IG00689
What the new Code of Practice means
The free entitlement of 15 hours a week over no fewer than 38 weeks must be free at the point of delivery. Therefore there must be:
- No fees charged for the 15 hours
- No conditions of access - for example, parents should not have to buy more hours or pay for lunch to secure a place.
- No other fees in relation to the free entitlement, for example registration or uniform
- No deposit - parents must not have to pay up-front for the free entitlement.
- No session longer than ten hours
- No session shorter than 2.5 hours
- Up to 12.5 hours over two days
What early years settings can do
- Providers should set up 'parental declarations' - an agreement with parents which sets out hours and patterns of access to the free entitlement for a defined length of time, e.g termly/every three months
- The rates providers charge outside the 15 hours are a matter for them and should not be dictated by local authorities, but settings must bill parents clearly so that they understand what hours they have taken for the free entitlement and fees for additional services or hours.
- Providers can make a reasonable charge for meals, but where children are accessing the free entitlement over the lunch period, any charge for lunch must be agreed with parents in advance. Parents must have the option of providing a packed lunch if this would be more affordable.
- Providers can charge extra for classes and visits outside the EYFS.
Local authorities
Local authorities must guarantee parents a minimum of 3 hours a day over five days a week, or five hours a day over three days a week - although not necessarily at their 'provider of choice' - using a maximum of two providers.
EARLY YEARS PROVIDERS GIVE THEIR VIEWS
'If parents only wanted to take the 15 hours I would be forced to give 50 per cent off the price of each session in addition to losing £1,470 per year per child as a result of the 14 unfunded weeks. The session includes breakfast, snack, yoga or French. In effect, the true funding per hour as a result of the additional unfunded 14 weeks would be £1.89 per hour per child. - 'Milly', owner of a family-run day nursery, London
'I attended a meeting on the new code of practice this week, with particular emphasis on the flexible free entitlement. I couldn't believe what I was hearing, as it seems that it is not flexible! Parents will have to sign a contract for the funded hours and then will not be able to change it for a term. That is not flexible. I have parents who do shift work - nurses, doctors, police - who need flexibility of care. I came away from the meeting feeling upset for the parents who will not be able to have the flexibility they need.' - Nursery manager with EYPS, Hampshire
'I have come to the conclusion that the new code does not allow us any flexibility in covering our costs. It has been suggested that as we cannot charge anything by law, we could ask for voluntary contributions from the parents. But how can we run a business on this flimsy premise? It's like putting a veg stall out on the street and asking people to pay if they feel like it. Completely random!' - Tom Hackwood, owner of Stepping Stones Pre-School Amersham
'Small private providers make a positive contribution to the economy of this country. We offer opportunities for employment for many, including women with children. We already fulfill the code's ambition to provide flexible opportunities for employment. This will be taken away if settings are forced to close or pull out of the system. If I make a decision to pull out I may have less children attending and will have to make staff redundant.' - Rosie Roberts, Rosewood Montessori
We'll lose our lunch club and the money that we generate from it (the NEF won't cover that). Therefore I will have to cut back on the really good and nutritious snacks the children have (as the lunch club pays for it). My staff will also have to have a 'proper' lunch break as they cannot go from one three hour session straight into the next without a break, so I'll need to employ someone for an hour a day (not the easiest of jobs!) I can't extend my hours beyond what we do now as I will have no staff for the last half an hour as they are collecting their own children from school. What was wrong with 2.5 hours??? - Kaz, posed on the Nursery World forum