Early years providers have seen some key changes to the ways settings are regulated and inspected in 2023 with more changes on the way.
This year saw a controversial relaxation of staff:child ratios for two-year-olds from 1:4 to 1:5 and changes to the rules on the number of children childminders can look after.
Changes to the Early Years Foundation Stage (EYFS) statutory framework also covered supervision at mealtimes following incidents where children have choked or suffered anaphylactic shock due to a food allergy.
The framework now makes it clear that “adequate supervision” means children must be in sight and hearing of an adult while eating.
Further changes to the EYFS – aimed at reducing burdens and increasing flexibility for providers – are due to be introduced next year following a consultation this summer (see below).
These include removing the requirement for Level 3 staff to have a maths GSCE or equivalent and plans to create new versions of the EYFS tailored to group and school-based childcare and childminders.
However, the government decided not to go ahead with other proposals including plans to reduce the proportion of Level 2 staff required for staff:child ratios in nurseries and school-based childcare.
Changes to the EYFS will be reflected in guidance to inspectors.
There have been some changes to the early years inspection handbook this year including what inspectors are looking for when it comes to safeguarding.
Settings are not given a separate grade for this crucial aspect of their work but inspectors will always make a written judgment in the inspection report about whether safeguarding arrangements are effective or not.
All early years providers should have “an open and positive culture around safeguarding that puts children first” and the revised handbook now includes a definition.
“Ofsted doesn’t have a separate judgment for safeguarding because it runs through everything,” says Melanie Pilcher, policy and standards manager at the Early Years Alliance (EYA).
“When you hear about settings that have their registration cancelled or been judged ‘inadequate’ there is always a safeguarding element.”
It’s not surprising that this is an area managers want to get right, which is why the EYA is launching specific guidance on creating an effective culture of safeguarding.
Too often settings see safeguarding as something of a tick-box exercise and that’s not what Ofsted is looking for, says Pilcher.
“People will say ‘I have got all my policies and procedures in place, staff have done the training’ but something is missing,” she says.
“It is about safer recruitment and understanding and recognising signs and signals of abuse but it is much wider than that.
“It’s about practitioners and educators who are tuned into the children, who will raise those smaller concerns with their safeguarding lead and are curious about children and families.”
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How to create an effective culture of safeguarding in early years education will soon be available via the EYA’s online shop at www.eyalliance.org.uk
CHANGES TO THE EYFS: WHAT TO EXPECT
Changes to be introduced in early 2024
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Remove the requirement for Level 3 practitioner to hold a Level 2 GCSE or equivalent maths qualification. Instead, managers must have a Level 2 maths qualification
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Relaxation of the requirement to support children with English as an additional language to develop their home language. Instead of saying providers “must” do this, the framework will say providers “may” do this
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Allow suitable students on long-term placements and apprentices to be included in the staff:child ratios at the level below their level of study
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Childminders no longer required to do formal pre-registration training in the EYFS although they will be expected to demonstrate knowledge and understanding of the EYFS
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Childminder assistants can take on the role of “key person” for a setting.
Changes due later in 2024 following further consultation
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Introduction of an “experience-based route” to allow early years practitioners to gain Level 3 status and count within staff:child ratios without doing a formal qualification
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Clarification that only those with Qualified Teacher Status, Early Years Teacher Status and Early Years Professional Status can operate at Level 6 staff:child ratios.
Changes that will not go ahead
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Reducing the percentage of Level 2 qualified staff required for staff:child ratios for children of all ages from “at least half” to either 30 per cent or 40 per cent for group and school-based providers
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Changing qualification requirements for group and school-based providers outside peak hours.
7 TOP TIPS FOR PREPARING A CHILDCARE SETTING FOR INSPECTION
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Don’t make special arrangements. Settings sometimes make the mistake of planning activities specifically for inspection visits but this simply does not work, says Melanie Pilcher, policy and standards manager at the Early Years Alliance. “The activities won’t have been planned in line with children’s interests so inspectors will think ‘How does that fit in? What was that about?’,” she says.
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Use the inspection handbook. Managers should read and familiarise themselves with the early years inspection handbook, which tells them everything they need to know about what inspectors are looking for. “Ofsted may be setting the test but they are also giving you all the answers,” says Pilcher. “Take one of the judgments and look at the criteria for good and think about how you measure up. What do you think you can do better?” She recommends making this a regular exercise involving staff. Ofsted publishes many other useful resources and guidance including advice on preparing for inspections, which are well worth reading.
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Use the learning walk to showcase your work. The learning walk where an inspector is shown around a setting by the manager or a senior member of staff is now a key element of inspections. “It’s a chance to talk about your setting, what the children are doing and why,” says Pilcher. “You can say ‘That group of children who are really engaged in stacking cardboard boxes are doing that because they walked past a building site this morning and were fascinated by cranes’ or ‘That child only started this morning so we’ve got someone working with them one-to-one.’ Often when people don’t get the inspection outcome they wanted they will say ‘the inspector just didn’t understand what we were doing’. The learning walk is the chance to explain that.”
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Always focus on the children. A common mistake during inspections is to focus on the inspector and take your eye off what’s happening around you, says Pilcher. “I’ve heard of managers leaving a room full of children unattended to show an inspector to their office and that will straight away get picked up on,” she says. “The children’s needs must always come first.”
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Look at your setting through different lenses. Inspectors will be focusing on the experiences of all children. “Think about what it is like for a child at your setting. What experiences are they having?” says Pilcher. “People tend to focus on the children who may need more input – the one that’s climbing the walls – but what are you doing with the ones that are quite happy to pick up a book or get on with an activity quietly? Are they being pushed, motivated and having their learning extended?”
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Brief staff on what to expect. It is important to ensure every member of your team understands what the inspector will do on the day. Use team meetings to run through the practicalities and the kind of questions they may be asked. “When Ofsted first started inspecting you practically didn’t see the inspector because they’d be sat in the office thumbing through procedures, planning and children’s records. That doesn’t happen any more,” says Pilcher. The focus is now on observing the setting in action. Peer observations are a great way to prepare staff for the experience of being observed as well as giving and getting useful feedback.
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Celebrate your achievements. Inspections are daunting but having a positive mindset can make all the difference, says Pilcher. “The settings that do well are the ones that say to Ofsted ‘Come and see how good we are’ rather than ‘Come in and tell us if you think we’re good or not’.”
INSPECTION SHORTS
SOCIAL CARE
Significant improvements in children’s services at Medway Council have seen the department’s rating move from “inadequate” to “good”. The authority was issued with an improvement notice in 2019 after Ofsted rated children’s services “inadequate”. An inspection in July this year found services had substantially improved. However, there continued to be variability in the quality and impact of social work practice with the experience and progress of children who need help and protection rated “requires improvement”.
HEALTH
Children and young people are struggling to access the healthcare services they need, according to the Care Quality Commission’s latest State of Care report. A survey of more than 150 13- to 25-year-olds, co-designed by the regulator’s Young Champions group, found just three out of 10 were able to access all the health and care services they needed in the past 18 months. Young people reported long waits for mental health, speech and language therapy and dental appointments.
YOUTH JUSTICE
Inspectors praised staffing arrangements at Southwark Youth Justice Service including the use of mentors with lived experience of the youth justice system. The service was rated “good” overall, following an inspection by HM Inspectorate of Probation in July this year. Inspectors said efforts to recruit volunteers from the local community, including those with lived experience, had helped ensure a diverse workforce that was supporting children to achieve their goals and stay away from crime. There were some areas for improvement including risk assessment for children subject to cautions or out-of-court disposals.
SOCIAL CARE
Ofsted has published new guidance on reporting serious incidents in a range of different settings including supported accommodation services, children’s homes and secure children’s homes and residential family centres. The separate documents detail what type of incidents to report, when to alert Ofsted and how to make a report. New guidance also covers reporting serious incidents in voluntary adoption agencies and independent fostering agencies.
EARLY YEARS
Early years providers have been urged to double check applications to join Ofsted’s childcare registers to avoid delays in registration. The regulator said common issues with childminder applications included not providing information for everyone over 16 who lives or works in their home. Other issues which can delay registrations include premises not being fully ready for use and applying to the wrong register.
