The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 (S.I. 2014/2147) (the “2014 Regulations”) and the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134) (the “2022 Regulations”), which provide for early years provision to be available free of charge. The changes follow the removal of overall effectiveness judgements for Ofsted inspections of state-funded schools (maintained schools, academies and non-maintained special schools) under section 5 of the Education Act 2005 from 2 September 2024.

Regulation 2 amends the 2014 Regulations. In summary:

• Regulation 2(3) amends regulation 6(1) so that the duty for the local authority to make arrangements with a provider chosen by a parent of the child, if the provider meets minimum quality standards, also applies if the provider is the governing body of a maintained school. Regulation 2(3) also amends regulations 6(1)(a) and (b) to update references to Ofsted inspection gradings in relation to schools inspected under section 5 of the Education Act 2005 after the removal of overall effectiveness judgements on 2 September 2024;

• Regulation 2(4) amends regulation 7 in consequence of the changes to overall effectiveness judgements and so that mandatory termination provisions in relation to arrangements for the free of charge early years provision do not apply to maintained schools;

• Regulation 2(5) amends regulation 8 (which specifies the requirements local authorities may and may not impose as part of arrangements for free of charge early years provision) in light of the changes to inspection judgements.

Regulation 3 amends the 2022 Regulations. In summary:

• Regulation 3(2) amends regulation 4(1) so that the definition of “inspection report” includes a report under section 162A of the Education Act 2002 for consistency with the definition of “early years provision inspection report” in the 2014 Regulations;

• Regulation 3(3) amends regulation 45(3)(c) to update references to Ofsted inspection gradings in relation to schools inspected under section 5 of the Education Act 2005 after the removal of overall effectiveness judgements on 2 September 2024;

• Regulation 3(4) amends regulation 46 so that mandatory termination provisions in relation to arrangements for the free of charge early years provision do not apply to arrangements with the governing body of a maintained school;

• Regulation 3(5)(a) amends regulation 47(1) so that it does not limit the requirements a local authority may impose as part of arrangements with the governing body of a maintained school;

• Regulation 3(5)(b) amends regulation 47(1)(b) so that a local authority may include in their arrangements with providers requirements in relation to the effective safeguarding and promotion of welfare of children. This is consistent with the similar provision in regulation 8(1)(v) of the 2014 Regulations;

• Regulation 3(6) amends regulation 48 so that it does not limit the requirements a local authority may impose as part of arrangements with the governing body of a maintained school.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.