The Children's Act 2006 places on local authorities the duty to be 'market managers' of childcare in their area and to ensure that parents are offered consistent high-quality provision and information across all childcare services.
The Act also outlines how the new regulatory framework for childcare providers, the Early Years Foundation Stage (EYFS), will be the means by which services will be assessed. This subsequent guidance, published in May 2007, explains what childcare providers are expected to do.
The programme for this new delivery also incorporates three previous guidance documents:
- the National Standards for Daycare
- the Birth to Three Matters framework
- the Curriculum Guidance for the Foundation Stage.
Overall, the new guidance comprises four sections:
- the statutory framework,
- the principles into practice cards,
- the practice guidance for the EYFS, and
- the DVD resources for providers and practitioners.
The Department for Education and Skills (DfES) has introduced the framework during this current term and expects local authorities to train all staff working with children under five years old over the next year. The aim is to have the new framework fully in place by September 2008.
The statutory framework is the part of the EYFS that all registered providers caring for children must implement. The introduction to this document:
- explains the purpose of the whole framework and sets it in the context of the Every Child Matters agenda and the Government's initiative to improve outcomes for children aged nought to five years
- outlines the document's intention to combine all previous guidance
- emphasises the basic aims and principles that should be shared by all childcare workers.
Below, we unpack the statutory document by:
- explaining what you need to do
- highlighting what you need to think about when you compare it to existing documentation
- summarising your general obligations, which are outlined in the document in the form of aims and principles, expectations for children's learning and welfare requirements.
SECTION 1 - INTRODUCTION (AIMS AND PRINCIPLES)
The four main principles are described as being new themes to underpin best practice in childcare. At first sight they appear to be closely associated with the four aspects of development in the Birth to Three Matters framework. However, the apparent similarity is illusory, because the new principles form the bedrock for the implementation of the whole programme and they encompass every element for the delivery of good quality childcare.
The four themes are:
- a unique child
- positive relationships
- enabling environments
- learning and development.
Each of the new themes is subdivided into specific areas of commitment which are fundamental to the successful achievement of good outcomes for children's development.
The effective implementation of these principles will be based not only on a true commitment to these aims and objectives, but also on a very thorough understanding of how to set up and run well-planned organisations.
A unique child
Practitioners are urged to commit to the view that every child is unique and that providers should focus on having a good knowledge of each child's developmental stage, their individuality and their potential to be confident and self-assured. The provider is urged to consider the importance of providing for children's well-being within a secure, safe and inclusive environment.
Positive relationships
Practitioners are expected to commit to securing strong working relationships with parents. The key person is considered crucial to the successful achievement of the commitments enshrined in this principle. Promoting respect for parents and their children forms the basis of improving learning outcomes for children.
Enabling environments
Practitioners are reminded that the environments they create for children have a significant impact on learning as well as social and emotional well-being. These commitments emphasise that childcare providers should keep up-to-date assessments and observations of children's progress, knowledge and skills, so that carers can plan successfully to extend knowledge and expertise.
Learning and development
Practitioners are expected to consider the needs of all children and to provide learning experiences that are both stimulating and challenging, and promote the acquisition of a wide range of skills and knowledge. Particular emphasis is placed on the holistic nature of children's early development and learning. It is made clear that all six areas of learning in the EYFS are complementary and stand together.
Meeting the commitments
Practitioners must have a deep understanding of these four principles and the commitments if they are to meet the needs of children and parents. The guidance emphasises the importance of sharing the aims and objectives with all staff members in any childcare setting so that there is united, shared and consistent experience offered to all children.
Previously each of the three guidance documents had a set of principles associated with them. This new integrated set of aims is simpler for providers to absorb and makes them focus more specifically on the delivery of a holistic service.
We should welcome this strong and clear guide for best practice and its particular emphasis on the importance of the social and emotional as well as physical environment.
It is true that the commitments impose a way of working that may pose a challenge to some practitioners. However, they offer the majority of highly-engaged practitioners the confirmation that their positive way of working with children and parents has been recognised as important by central Government as well as by contemporary educational research.
SECTION 2 - THE LEARNING AND DEVELOPMENT REQUIREMENTS
This section outlines how providers must support children's development in a truly holistic way. It incorporates the two previous developmental frameworks - the Birth to Three Matters framework and the Curriculum Guidance for the Foundation Stage - to create the new EYFS programme.
This is in many ways the most contentious part of the new framework, because the implications for implementing the programme will have far-reaching consequences for providers working with children aged nought to three years old.
Practitioners who have developed confidence in their work to promote the four aspects of development in the Birth to Three Matters framework may find the initial change to the six early learning goals hard. This is because the aspects of development are all- encompassing and interrelated in a way that the six early learning goals are not.
The considered view of many early years practitioners and educationalists is that the way in which the six areas of learning and the original descriptive stepping stones have been amalgamated, to encompass the entire developmental progress of nought to five-year-old children, has been ill-conceived and inappropriate. The practice guidance section of the EYFS contains full information and the developmental progress charts covering the six areas of learning (a guide to the EYFS practice guidance will be published in Nursery World on 2 August 2007).
The new framework draws clear distinctions between the elements of the programme that practitioners 'must' deliver and the parts of it which they 'should' implement. This division between statutory and voluntary guidance indicates very clearly that practitioners are able to use their own knowledge, expertise and interest to guide the delivery of their childcare service in the private, independent and voluntary sectors. It means that the new guidance is still open to interpretation and that to offer an enhanced or outstanding service, individual providers should continue to be creative and imaginative.
The statutory framework information explains how the Children's Act 2006 underlines the importance of the effective delivery of the EYFS to improve outcomes for children's learning and development. Enshrined in the Act are three key elements for successful implementation. These are:
- the early learning goals, which are the knowledge, skills and understanding which children are expected to achieve by the end of the academic year in which they are five years old
- the educational programmes, which set out the information and skills children are required to be taught by adults who care for them
- the assessment arrangements, which are the methods of assessing how children have progressed towards achieving the early learning goals.
Close reading of this section of the guidance and the relevant part of the 2006 Act suggests that little has changed, compared with the previous Children's Act of 2002. The main difference is that the six areas of learning, and therefore the early learning goals, now cover the whole age range of children aged nought to five years old.
Detailed information about each area of learning explains how practitioners can achieve objectives and provide educational, social and emotional experiences that meet children's needs. There are clear references to the relevance of making regular assessments of children's development and sharing these with parents. However, there is no mention of an imposed system of assessment methods, except at the end of the EYFS when children's outcomes should be measured by the EYFS profile.
Similarly, planning methods are not stipulated in the document. Guidance is given to encourage providers to develop balanced programmes of child-initiated and adult-led activities and experiences. This open-ended approach allows practitioners to develop their own methods of assessment and planning. This is a very important element of the programme and should motivate all practitioners to maintain and enhance the best practice for assessment and planning that they have already used with the Birth to Three Matters framework and the Foundation Stage.
SECTION 3 - THE WELFARE REQUIREMENTS
As the introduction to the guidance explains, the statutory framework document sets childcare duties in the context of present and new legislation. It identifies how the outcomes of the Every Child Matters agenda should be met through careful planning and purposeful organisation, and in particular how children's well- being must be protected and enhanced by carers. It establishes the ways practitioners should consider statutory regulations to ensure the health and safety of children and also makes positive reference to best practice that they should aspire to achieve.
Comparisons with the National Standards for Daycare
The National Standards for Daycare were written in a style that aimed to engage providers in the debate about what best practice should look like in order to meet basic childcare standards. However, the section on welfare requirements in the new statutory framework does not leave it up to individual practitioners to interpret basic expectations.
It makes clear demands on practitioners under the generic title of 'specific legal requirements' and then lists for each section the 'guidance to which providers should have regard' (the statutory guidance).
This lay-out is particularly helpful because it clarifies the duties of providers and means that they can use these pages of the regulatory and statutory guidance as a checklist of 'musts' and 'shoulds' in their childcare settings. It also provides useful additional guidance on how to deliver enhanced good practice.
Undoubtedly, Ofsted inspectors will be encouraged to use a similar checklist to establish whether practitioners are complying with basic standards of health, hygiene and safety. The importance of developing policies and procedures that are regularly updated and shared between staff and parents is emphasised, as is the need to produce the required paperwork for Ofsted inspections.
Key areas
In the welfare requirements of the statutory framework, there is no longer the division into 14 national standards. The new guidance is based on a set of key areas:
- safeguarding and promoting children's welfare
- suitable people
- suitable premises, environment and equipment
- organisation
- documentation.
It is hoped that these five key areas simplify the process for childcare providers to plan and deliver their programme. However, each section subdivides into further key areas of specific regulation and duties, very similar in essence to the contents of the National Standards for Daycare.
Safeguarding and promoting children's welfare
This section includes safeguarding, handling information for parents and complaints, premises and security, outings, equality of opportunities, medicines, illnesses, food and drink, smoking and behaviour management.
It contains everything providers have to do to meet regulations associated with working with children and providing a safe environment for them on the premises and on outings. The checklists about what they must and should do are very useful and will enable them to build the required portfolio of evidence to present to Ofsted inspectors as well as to share with parents when they enquire about the service. The information will also form an excellent basis for an induction programme for new staff.
Suitable people
This section contains regulations and advice about recruitment of early years practitioners, notifying Ofsted about staff and staffing changes, alcohol abuse, ratios, qualifications, training and the organisation of staff. It makes clear what providers must consider when they recruit, train and deploy staff. It explains the role of the manager in keeping detailed records to show how suitable staff and procedures are in place to ensure the health, safety, and well-being of children and parents.
Suitable premises, environment and equipment
This section contains regulations and advice on how to develop and maintain safe and stimulating environments for children. It is broken down into risk assessment and premises, and resources. The emphasis is placed on meeting the needs of children indoors and outdoors with suitable and safe equipment and experiences.
The statutory guidance, to which providers pay close attention, is extensive because the inspection process is firmly focused on the Every Child Matters outcomes and that concentrates on 'what it feels like to be a child in that setting'.
Practitioners should understand that the environment they provide is crucial for health, safety and learning of the children in their care. Also, whatever image is presented to parents and children will play a central role in the marketing and promotion of their childcare service.
ORGANISATION AND DOCUMENTATION
This section includes the requirements for childcare providers to create and maintain effective systems for supporting children's well-being, development and learning. It is about the organisation of staff and information, and the delivery of a well-managed and accountable service. Providers must understand the importance of collecting accurate data about children and families, and keeping it securely confidential in line with current official data protection legislation.
CONCLUSIONS AND IMPLEMENTATIONS
CONCLUSIONS
The overall impression is that the Statutory Framework is a succinct and well-organised manual that presents the whole new programme in a user-friendly and achievable context.
- It is a reassuring pamphlet because it places familiar systems clearly in the context of the new structure.
- The explanations of each section are easily understandable and practical, making the implementation relatively simple for providers.
- The language used is accessible and should help inspire practitioners to develop new skills and expertise that will ease the delivery of an enhanced environment and improved learning experience for all children in the group.
IMPLEMENTATION
The successful implementation of this statutory framework will depend on the way it is explained to providers in each local authority. It will be essential that:
- trainers, advisers and childcare development officers impress on providers that they look for the similarities rather than the differences compared with the present sets of guidance
- the principles are explored in extensive training that emphasises that best practice can be achieved combining a thorough knowledge of child development with an understanding of managing staff, the environment and resources
- to maximise the potential of children aged nought to five, providers and their staff acknowledge that even as adults they are still learning and developing themselves and so must be committed to training and improving practice.
Continuing self-development and self-appraisal of caring adults has a positive impact on children's learning. This new statutory framework offers a structure within which this process can happen so the needs of children and parents can be met more effectively in the future.
SECTION 4 - OTHER INFORMATION
This final chapter in the statutory part of the programme sets the stage for the overall framework in the general context of childcare legislation and those duties providers have towards children, parents and regulatory bodies responsible for assessing their service.
Emphasis in this concluding section is placed on equal opportunities and special needs agendas and the ways in which children's individual needs have to be satisfied across all aspects of the delivery programme.
There are also clear links made to the duties of local authorities under the new Childcare Act 2006, which outlines their role in supporting the implementation of the EYFS in both the maintained and non-maintained sectors.
This information is helpful for private, independent and voluntary providers and should adequately prepare them to engage with local authorities, making their own views known so they receive appropriate attention and support.
