Policy and Politics
What the new Code of Practice means
What early years settings cannot do
The free entitlement of 15 hours a week over no fewer than 38 weeks must be free at the point of delivery. Therefore there must be:
- No fees charged for the 15 hours
- No conditions of access - for example, parents should not have to buy more hours or pay for lunch to secure a place.
- No other fees in relation to the free entitlement, for example registration or uniform
- No deposit - parents must not have to pay up-front for the free entitlement.
- No session longer than ten hours
- No session shorter than 2.5 hours
- Up to 12.5 hours over two days
What early years settings can do
- Providers should set up 'parental declarations' - an agreement with parents which sets out hours and patterns of access to the free entitlement for a defined length of time, e.g termly/every three months
- The rates providers charge outside the 15 hours are a matter for them and should not be dictated by local authorities, but settings must bill parents clearly so that they understand what hours they have taken for the free entitlement and fees for additional services or hours.
- Providers can make a reasonable charge for meals, but where children are accessing the free entitlement over the lunch period, any charge for lunch must be agreed with parents in advance. Parents must have the option of providing a packed lunch if this would be more affordable.
- Providers can charge extra for classes and visits outside the EYFS.
Local authorities
Local authorities must guarantee parents a minimum of 3 hours a day over five days a week, or five hours a day over three days a week - although not necessarily at their 'provider of choice' - using a maximum of two providers.
