Education Act 2002

Education Act 2002

2002 CHAPTER 32

Commentary on Sections and Schedules

Part 9 – Childcare and Nursery Education

Childcare

Sections 149 and 150: Duties of LEA in respect of childcare; Early years development partnerships and plans

300. Early Years Development Partnerships were established by section 119 of the SSFA to plan and co-ordinate Early Years Education in each LEA area. In May 1998, on a non-statutory basis, Partnerships took on the additional role of planning and co-ordinating childcare and the newly formed Early Years Development and Childcare Partnerships (EYDCPs) commenced operation in April 1999.

301. Section 149 inserts into the SSFA a new section 118A which places a duty on LEAs to carry out annual reviews of childcare provision in their area and establish and maintain an information service on childcare and other related services.

302. Section 19 of the CA requires local authorities to review the provision of day care and childminding within their area. Section 149 now incorporates these requirements and therefore section 19 is to be repealed with respect to England and Wales only.

303. The amendments made by section 150 confer duties relating to childcare on LEAs in addition to those set out in the SSFA with respect to Nursery Education. Section 150 (2) ensures that childcare will now be included in LEAs’ Plans and together with 150 (1) and 150 (4) will ensure that the Plans take into account the review of childcare which LEAs are required to undertake in Section 149. As the Plans will now include childcare, section 150 (5) renames Early Years Development Partnerships (EYDPs) as Early Years Development and Childcare Partnerships (EYDCPs). This name is already in use by the LEA and the Partnerships. Section 150 (4) sets out the approval requirements by the Secretary of State or the NAW and the publication arrangements.