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

Statutory Instruments

2007 No. 1772

children and young persons, england

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

Made

20th June 2007

Laid before Parliament

27th June 2007

Coming into force

1st September 2008

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:

Marginal Citations

M1 2006 c.21.

Citation and commencement E+W

1.  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.

Interpretation E+W

2.  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 [F2 3rd March 2017 on the gov.uk website].]

[F3 “the relevant provisions of the Document” means the provisions in Sections 1 and 2 of the Document that use the word “should”.]

Textual Amendments

F1 Words in art. 2 substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 3

F2 Words in art. 2 substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(2)(a)

F3 Words in art. 2 inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(2)(b)

Specification of the learning and development requirements E+W

3.—(1) It is directed that the provisions in [F4 Sections 1 and 2] of the Document [F5 that, by virtue of their use of the word “must”, express requirements,] 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 [F6 matters in [F7 the relevant provisions]] of the Document in securing that the early years provision they provide meets the learning and development requirements.

Textual Amendments

F4 Words in art. 3(1) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4

F5 Words in art. 3(1) inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(3)(a)

F6 Words in art. 3(2) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5

F7 Words in art. 3(2) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(3)(b)

Marginal Citations

M2 The learning and development requirements cover six areas of learning; the Statutory Framework for the Early Years Foundation Stage (“the Document”) specifies early learning goals and educational programmes in relation to each area and includes arrangements required for assessing children's achievements in relation to the early learning goals (see section 41(1) to (3) of the Childcare Act 2006 (“the Act”)).

M3 For the definition of “early years provider” see section 96(3) of the Act.

Further provisions about assessment arrangements E+W

4.—(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 [F8 Secretary 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.

Textual Amendments

F8 Words in art. 4 substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 6

Requirement on Chief Inspector [F9 and early years childminder agencies] E+W

5.  The Chief Inspector M4 [F10 and early years childminder agencies] must have regard to the [F11 learning and development requirements and matters in the relevant provisions] of the Document in exercising F12 ... functions under Part 3 of the Act.

Textual Amendments

F9 Words in art. 5 heading inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(c)

F10 Words in art. 5 inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(a)

F11 Words in art. 5 substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(4)

F12 Word in art. 5 omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(b)

Marginal Citations

M4 For the definition of “the Chief Inspector” see section 98(1) of the Act, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

Matters to be considered by the Chief Inspector E+W

6.— [F13 (1)] Any allegation that an early years provider has—

(a) failed to meet the learning and development requirements prescribed in [F14 Sections 1 and 2] of the Document; or

(b) failed to have regard to the [F15 matters in [F16 the relevant provisions]] of the Document

may be taken into account by the Chief Inspector in the exercise of F17 ... functions under Part 3 of the Act.

[F18 (2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act.]

Textual Amendments

F13 Art. 6(1): art. 6 renumbered as art. 6(1) (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(1)

F14 Words in art. 6(a) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4

F15 Words in art. 6(b) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5

F16 Words in art. 6(1)(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(5)

F17 Word in art. 6(1) omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(2)

F18 Art. 6(2) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(3)

[F19 Matters to be considered by early years childminder agencies E+W

6A.   Any allegation that an early years provider has—

(a) failed to meet the learning and development requirements prescribed in Sections 1 and 2 of the Document; or

(b) failed to have regard to the matters in [F20 the relevant provisions] of the Document,

may be taken into account by an early years childminder agency in the exercise of functions under Part 3 of the Act.]

Textual Amendments

F19 Art. 6A inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 6

F20 Words in art. 6A(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(6)

Proceedings under Part 3 of the Act E+W

7.— [F21 (1)] Any allegation that an early years provider has—

(a) failed to meet the learning and development requirements prescribed in [F22 Sections 1 and 2] of the Document; or

(b) failed to have regard to the [F23 matters in [F24 the relevant provisions]] of the Document

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

[F25 (2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account in any proceedings under Part 3 of the Act.]

Textual Amendments

F21 Art. 7(1): art. 7 renumbered as art. 7(1) (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 7(1)

F22 Words in art. 7(a) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4

F23 Words in art. 7(b) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5

F24 Words in art. 7(1)(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(7)

F25 Art. 7(2) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 7(2)

[F26 Review E+W

8.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision in this Order,

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 3rd April 2022.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this article must, in particular–

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business Enterprise and Employment Act 2015 (see section 32 of that Act).]

Textual Amendments

F26 Art. 8 inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(8)

Beverley Hughes

Minister of State

Department for Education and Skills

Explanatory Note

(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 [phone]), email [e-mail]. 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.