Legal Update: Impact of EYFS reforms

In May, the government launched a consultation on proposed changes to the requirements in the early years foundation stage (EYFS) framework, a piece of statutory guidance that sets out “the standards that school and childcare providers must meet for the learning, development and care of children from birth to five”.

Coram Family and Childcare (CFC), along with 2,659 nursery managers, childminders, academics and charities, responded to the government on the proposed changes to the EYFS framework. On 27 October, the government published its response to the consultation, setting out which proposed measures they would be taking forward and which they would not, in response to the feedback received.

Dropped proposals

The presence of qualified staff is particularly important for children with special educational needs and disabilities (SEND), for whom access is dependent on quality. We were pleased that the government dropped the proposal to reduce the percentage of Level 2 qualified staff within a nursery from “at least half” to “30 or 40 per cent”. The quality of early education depends on the skills and knowledge of the workforce; lowering the percentage of staff with Level 2 qualifications is likely to lower the quality of provision.

There was also a proposal to reduce qualification requirements outside of peak hours in the consultation. While this may not affect most children attending nursery, for those whose parents work atypical hours, off-peak hours will make up a significant proportion of their early education. These children deserve an early education that aids their development, and we welcomed the government’s recognition of the potential this had to reduce quality.

Proposals going ahead

We welcome the proposal to introduce a separate EYFS framework for childminders. The current EYFS contains many references that only apply to group-based settings. We hope that the introduction of a childminder specific EYFS framework will increase clarity for childminders, an important step towards making childminding a more desirable profession.

We supported several other proposals with some caveats. Removing the requirement for Level 3 practitioners to hold a Level 2 maths qualification to count within staff:child ratios is sensible as long as safeguards are in place to ensure that this does not lead to lower quality early maths teaching. Early maths is an important part of the EYFS which requires confidence and understanding from practitioners.

Similarly, dropping the requirement for new childminders to complete a specific EYFS training course – while keeping the EYFS assessment – is sensible, providing the assessment process is rigorous and reliable. We know that many people establish their childminding business after working in early years settings for years, accruing a great deal of expertise; we hope that this change will facilitate an easier transition to childminding for people in this group while continuing to make sure that childminders new to the EYFS are adequately supported and able to deliver its curriculum.

We also supported the proposal to allow students and apprentices to be counted in ratios to the level below the qualification they are working towards. This means a student working towards an approved Level 3 qualification will be allowed to be included in the Level 2 staff:child ratio, whilst those working towards an approved Level 6 qualification will be able to be included in the Level 3 ratio. Managers will decide if and when individuals are ready for this responsibility. We welcome the increased opportunity for students to gain hands-on experience once they have sufficiently progressed in their courses to safely undertake higher levels of responsibility. However, it is vital that students and apprentices feel confident identifying and supporting the needs of children with SEND. Government guidance to help settings navigate this will be key. We urge the government to consider how reforms will impact children with SEND and put in place measures to evaluate it.

Lack of ambition

None of the measures being taken forward ring alarm bells, but neither do they offer much to get excited about. The above changes are unlikely to be detrimental to the quality of care and education children receive but they go no real way towards improving it.

To enable the early years sector to deliver on the important aims of the EYFS – ensuring that all children learn and develop well and are ready to start school – we want to see more ambition from the government about driving up quality.

To ensure that early education is high quality for all children, we recommend that the government introduces responsive funding for children with SEND, uncoupled from other assessments, such as Disability Living Allowance, which do not accurately reflect need for the youngest children. We also recommend that the Early Years Pupil Premium is doubled so that it can help close the widening attainment gap between disadvantaged children and their peers.

• Childcare Survey 2023 at www.familyandchildcaretrust.org and joint report with JRF, Tackling disadvantage through childcare www.familyandchildcaretrust.org/tackling-disadvantage-through-childcare