The Early Years Foundation Stage (Welfare Requirements) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations, made under the Childcare Act 2006 (“the Act”), specify the welfare requirements that early years providers (“providers”) must meet. Together with the “learning and development requirements” specified under section 39(1)(a) of the Act, these form the “Early Years Foundation Stage”.

The “Statutory Framework for the Early Years Foundation Stage”, published by the Secretary of State for Education on 27th March 2012 is given the force of law. Copies of the document can be found on the website of the Department for Education at https://www.education.gov.uk/publications/standard/AllPublications/Page1/DFE-00023-2012

Regulations 3, 7, 8 and 9 specify welfare requirements. These include a prohibition on corporal punishment by providers to children in their care (regulation 7), a list of events the occurrence of which must be notified to the Chief Inspector (regulation 8 and the Schedule) and a requirement that a provider must give the Chief Inspector information about matters leading to disqualification from registration as a childcare provider under section 75 of the Act.

Regulations 10 and 11 set out the procedure to be followed by the Chief Inspector where a provider has failed or is failing to comply with the welfare requirements.

Regulation 12 makes it an offence if a provider fails to comply with the requirements set out in regulations 7, 8 and 10(2).

Regulation 13 contains revocations.

An impact assessment has been prepared for these Regulations and can be found at http://www.ialibrary.bis.gov.uk/