
Should nurseries be classified as ‘educational establishments’ and even as ‘schools’?
Given that the Early Years Foundation Stage is a statutory framework for young children’s learning and development, with mandatory assessment at the end with the Profile, and given that the Government funds nurseries to provide increasing numbers of hours of early education and care, you would think so.
Yet the position of nurseries in legislation makes it clear that they are not viewed as educational establishments. This has substantial financial disadvantages, of course, in terms of bsuiness rates and VAT.
Two recent stories highlight further drawbacks of this situation. Earlier this year, we reported on the first ruling under planning law that a nursery cannot be counted as a school, when Bright Horizons was refused planning permission to install portable buildings at one of its nurseries. It would have been exempt if it had been seen as a school. The judge took the view that legal school age was a major factor.
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