2007 No. 1772

children and young persons, england

The Early Years Foundation Stage (Learning and Development Requirements) Order 2007

Made

Laid before Parliament

Coming into force

In accordance with section 45(2) of the Childcare Act 2006 M1 (“the Act”) the Secretary of State for Education and Skills has given notice of his proposal to make this Order.

And in accordance with section 45(3) of the Act the Secretary of State has considered the evidence and representations submitted to him in pursuance of section 45(2), and has published a draft of this Order and any associated documents and a summary of the views expressed to him.

Accordingly the Secretary of State, in exercise of the powers conferred by sections 39(1)(a), 42(1) to (5) and 44(1) to (4) of the Act, makes the following Order:

Annotations:
Marginal Citations

Citation and commencement1

This Order may be cited as the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 and comes into force on 1st September 2008.

Interpretation2

In this Order—

  • “the Act” means the Childcare Act 2006;

  • F1“the Document” means the Document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 27th March 2012 on the website of the Department for Education.

Specification of the learning and development requirements3

1

It is directed that the provisions in F2Sections 1 and 2 of the Document have effect for the purposes of specifying the learning and development requirements M2 under section 39(1)(a) of the Act.

2

Early years providers M3 to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the F3matters in Sections 1 and 2 of the Document in securing that the early years provision they provide meets the learning and development requirements.

Further provisions about assessment arrangements4

1

An English local authority must make provision to ensure the accuracy and consistency of the assessments made by early years providers in their area.

2

An English local authority must have regard to any guidance given by the F4Secretary of State in exercising their function under paragraph (1).

3

An early years provider must permit any person authorised by an English local authority for the purposes of exercising their function under paragraph (1)—

a

to enter the premises on which the early years provision is provided;

b

to observe the implementation of the assessment arrangements; and

c

to inspect, and take copies of, documents and other articles relating to EYFS profiles and assessment arrangements.

4

In this article “EYFS profile” has the same meaning as in Section 2 of the Document.

Requirement on Chief Inspector5

The Chief Inspector M4 must have regard to the requirements and F5matters in Sections 1 and 2 of the Document in exercising her functions under Part 3 of the Act.

Matters to be considered by the Chief Inspector6

Any allegation that an early years provider has—

a

failed to meet the learning and development requirements prescribed in F6Sections 1 and 2 of the Document; or

b

failed to have regard to the F7matters in Sections 1 and 2 of the Document

may be taken into account by the Chief Inspector in the exercise of her functions under Part 3 of the Act.

Proceedings under Part 3 of the Act7

Any allegation that an early years provider has—

a

failed to meet the learning and development requirements prescribed in F8Sections 1 and 2 of the Document; or

b

failed to have regard to the F9matters in Sections 1 and 2 of the Document

may be taken into account in any proceedings under Part 3 of the Act.

Beverley HughesMinister of StateDepartment for Education and Skills

(This note is not part of the Order)

This Order made under the Childcare Act 2006 (“the Act”) specifies the learning and development requirements in relation to each of the areas of learning and development that early years providers must secure in providing early years provision.

Article 3 specifies the learning and development requirements and gives legal effect to the Statutory Framework for the Early Years Foundation Stage, published by the Secretary of State for Education and Skills. Early years providers are required to have regard to the guidance in the Statutory Framework for the Early Years Foundation Stage in securing that the early years provision they provide meets the learning and development requirements.

Article 4 sets out further provisions about assessment arrangements. Local authorities are required to make provision to ensure the accuracy and consistency of assessments made by early years providers.

Article 5 requires the Chief Inspector to have regard to the requirements and guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage in exercising functions under Part 3 of the Act.

Article 6 enables the Chief Inspector of Education, Children's Services and Skills (“the Chief Inspector”), in exercising her functions under Part 3 of the Act, to take into account allegations that an early years provider has failed to meet the learning and development requirements, or failed to have regard to guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage. Article 7 allows any such allegation to be taken account in any proceedings under Part 3 of the Act.

The learning and development requirements, together with welfare requirements specified under section 39(1)(b) of the Act, make up the Early Years Foundation Stage. The learning and development requirements will replace the curriculum guidance for the foundation stage which was given legal effect by the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 S.I. 2003/391.

Copies of the Statutory Framework for the Early Years Foundation Stage (ISBN 978-1-84478-921-4) referred to in Article 3, can be obtained from DfES publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DJ (Tel 0845 6022260), email dfes@prolog.uk.com. Ref 00012-2007PCK-EN.

A regulatory impact assessment has been prepared for this Order. It is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website http://www.opsi.gov.uk.