Guidance for establishing early years provision in Local Authority
maintained schools
The purpose of this paper is to share how schools can set up provision for two, three and
four year olds.
Schools are able to set up nursery provision in the following ways:
a.
section 27 community powers – these powers allow schools to provide any
charitable purpose (such as early education) for the benefit of families of
pupils at the school, or families who live or work in the locality of the school.
The children attending this provision are not usually registered as pupils.
b.
As pupils – schools who have altered their age-range to include early years,
can register the children as pupils.
The DfE briefing sheet below is a discussion document and outlines the implications for
both models.
2015-10-14 Briefing
Sheet on Exempt EY Provision- cleared version.docx
The guidance in Annex A (below) gives details of the processes involved for schools
proposing a change to lower their age range.
Children not yet two
If a school is providing childcare for children who are not yet two they must have a
separate early years registration. Information relating to this registration process can be
found on the Gov.uk website here: https://www.gov.uk/government/publications/become-aregistered-early-years-or-childcare-provider-in-england
Ratios and staffing requirements
 Schools offering governor run early years provision - under section 27
community powers do not have to comply with the current EYFS statutory framework
regarding being led by a school teacher. (This framework will be revised to reflect this
change in requirements.) The briefing sheet (above) means that schools offering
governor led provision can opt for a 1:8 ratio for children over 3 years old, led as a
minimum, by a Level 3 suitably qualified person. See section titled ‘Staff:child ratios of
early years foundation stage statutory framework for details of ratio and staffing
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requirements for 2, 3 and 4 year olds.
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Provision for registered pupils in maintained schools will still have to be led by a
qualified school teacher as laid out in the EYFS Framework.
Census requirements
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children attending s27 (governor run) provision should either be:
o recorded via the school census if they are registered pupils of the school.
This provision must be led by a qualified teacher (can include 2 year olds if
the school’s statutory age range and ratios covers 2-year-olds); or
o recorded via the early years census if they are not registered pupils of the
school (because the school has opted for the flexibility to choose to operate
with a staffing model for which they do not have to employ a qualified
teacher).
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registered pupils of the school (2, 3 and 4 year olds depending on the statutory age
range of the school) are recorded via the school census (and not the early years
census). This provision must be led by a qualified teacher.
Funding: how to claim early education funding for 2, 3 and 4 year olds
Early Years Census - children who are not registered pupils of the school:
Any claims for children recorded via the Early Years Census must be made via the Early
Years and Childcare Service through Early Years List of Provider (LoP) funding forms
which can be downloaded from http://www.suffolklearning.co.uk/3-11-learningteaching/early-years/schools-only-nursery-class-info. However no other LoP requirements,
outside of those relating to funding claims, will apply. The legislation does not allow local
authorities to place funding conditions on the governing body of a maintained school.
School Census – children who are registered pupils in LA maintained schools and
academies:
Claims for children who are registered pupils of the school will be made via the schools
census each term. If the child is recorded on the census, the number of hours is taken
from the census and used by Suffolk County Council Schools Accountancy Team to
calculate the amount paid to LA maintained schools each term. Schools are paid at the
end of July for the summer term, the end of December for the autumn term and the end of
March for the spring term.
In LA maintained schools an advance payment is made as part of the schools delegated
budget which is issued at the end of February each year (based on estimates) and then
adjustments are made according to the precise information recorded on the census
regarding numbers of children and actual hours attended – up to a maximum of 15 per
week per child.
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Funded 2 year olds:
It is important to remember that not all 2 year olds are eligible for Early Education funding.
Parents must provide proof of eligibility for you to claim funding for their child via the Early
Years and Childcare Service. You can find the full eligibility criteria on the Suffolk County
Council website - https://www.suffolk.gov.uk/children-families-and-learning/childcareinformation-and-support-for-parents-and-providers/guidance-for-parents-and-carers/freeearly-learning-for-2-year-olds/#tab1
Parents can apply for 2 year old early education funding in one of the following ways:
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By using our online checker at www.suffolk.gov.uk/two
The online checker can be used to determine eligibility based on the parents
economic circumstances. The website will give eligible parents a reference number
to apply. You must check this reference number is valid by going to the
‘childcare provider’ section of this website and use the ‘Check form’.
By providing you with hard copy evidence of the benefits they are receiving.
By providing a Golden Ticket – The Early Years and Childcare Service send out
Golden Tickets to those families who we are aware are currently eligible. The
tickets are proof of eligibility. Note: Only settings who have a ‘Good’ or ‘Outstanding’
Ofsted rating can accept the Golden tickets.
The Early Years and Childcare Service will use the information you provide to fund two
year olds who meet the eligibility criteria for Early Education Funding, in accordance with
the conditions set out in the ‘Statutory Guidance for Local Authorities’.
www.gov.uk/government/publications/early-education-and-childcare--2
Reception
All LA maintained schools receive their funding based on the October census. All
Reception children are funded at the same rate whether full time or part time as long as
they are recorded on the October census.
For children who defer entry and are not at the school on October head count day and are
therefore not on the October census, schools will receive no funding until the next financial
year.
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Annex A: Process for schools proposing to lower their age range
Background
In December 2013 the government published a document entitled changes to the School
Organisation.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/267574/DFE
_Response_to_School_Org_Consultation_v2__2_.pdf
The document outlines the alterations that can be made by maintained schools without
following a statutory process including:

Alteration of upper or lower age limit by up to two years (except for adding or
removing a sixth form). In particular this will make it easier for schools to offer
nursery places to two-year-olds.
Therefore under the new regulations, schools will be responsible for their own decisions
around size and characteristics but LAs will retain their overarching duty to ensure
sufficient high quality school places, along with powers to propose changes to maintained
schools where they feel it necessary to meet that duty. Local authorities also have a duty
to secure sufficient childcare places.
Governance handbook
Governance handbook Section 10.4 sets out changes to age, within the “other
organisational changes” section. It outlines the changes governing bodies will be able to
make and highlights further guidance available for governors.
Further guidance is available here:
https://www.gov.uk/government/collections/school-organisation
Note particularly the document Making ‘Prescribed Alterations’ to maintained schools
Statutory guidance for proposers and decision-makers
NB section 2 (prescribes alteration changes – page 11 – change of age range) and
section 4: changes that can be made outside of the statutory process
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514548/1604-06_FINAL_SO_Guidance__PA_Regs.pdf
The notes below are taken from section 4
Governing bodies of mainstream maintained schools can make limited changes (see
section 2 for the exact detail) to their schools without following a statutory process; they
are nevertheless required to adhere to the usual principles of public law. They must:
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act rationally;
take into account all relevant and no irrelevant considerations; and
follow a fair procedure.
The department expects that in making these changes governing bodies will:
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liaise with the LA* and trustees/diocese (as appropriate) to ensure that, a proposal
is aligned with wider place planning/organisational arrangements, and that any
necessary consents have been gained;
not undermine the quality of education provided or the financial viability of other
‘good’ and ‘outstanding’ schools in the local area; or
not create additional places in a local planning area where there is already surplus
capacity in schools rated as ‘good’ or ‘outstanding’ and
ensure open and fair consultation** with parents and other interested parties to
gauge demand for their proposed changes and to provide them with sufficient
opportunity to give their views. The consultation principles guidance can be
referenced for examples of good practice.
https://www.gov.uk/government/publications/consultation-principles-guidance
Before making any changes, governing bodies should ensure that:
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they have consulted with the LA to ensure the proposal is aligned with local place
planning arrangements
they have secured any necessary funding;
they have identified suitable accommodation and sites;
they have secured planning permission and/or agreement on the transfer of land
where necessary
they have the consent of the site trustees or other land owner where the land is not
owned by the governing body;
they have the consent of the relevant religious authority (as required); and
the admissions authority is content for the published admissions number (PAN) to
be changed where this forms part of expansion plans, in accordance with the
School Admissions Code.
Once a decision on the change has been made the proposer (i.e. LA or governing body)
is responsible for making arrangements for the necessary changes to be made to the
school’s record in the department’s EduBase system. These changes must be made no
later than the date of implementation for the change.
Separate guidance on how schools and LAs can update EduBase is available at:
http://www.education.gov.uk/edubase/faq.xhtml
*Liaison with the Local Authority
Liaison is important in the context of the Local Authority’s duty to secure sufficient high
quality childcare places.
Any new provision must be sustainable and be assured that there is a business need.
Therefore for the Local Authority to support any proposal it must be confident that the
proposed change is based on evidence of need and is not in direct competition with
existing provision.
For the Local Authority to support a proposal for change, a school will be required to
provide a business case which should include the following:
 The current Reception class numbers and future arrangements
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The physical space which the school proposes to use where the proposal is to
open a Nursery class.
Risk analysis in relation to impact on existing local pre-school provision
Identification of other provision within the locality
How the space will be used where the closure of a Nursery class is proposed.
Any financial considerations
Any other relevant information
The LA (Early Years and Childcare Service with Schools’ Infrastructure) will also
undertake a review of local provision that will be considered alongside the school’s
business plan. Taken together, this will provide essential business evidence which
should inform the governor’s decision and the LA’s decision on whether it supports the
proposal.
** The Consultation
The decision made by the governing body to consult on closing or opening a nursery
should be formally recorded in the minutes of a full governing body meeting
The governors will need to consider who they need to inform/consult with, for example:
 Parents/families – current and prospective
 Councillors – District, County, Parish
 Local MP
 Local Early Years providers – Pre-schools, childminders
 Any other relevant stakeholders
Brief guidance on a possible consultation process:
Publication
A proposal should contain sufficient information for interested parties to make a decision
on whether to support or challenge the proposed change.
Consultation
The consultation period starts on the date of the publication of the proposal – lasting four
weeks, excluding school holidays. During this period, any person or organisation can
submit comments on the proposal to the Governors for them to consider before reaching
their decision.
Decision
Should be made within a period of two months of the end of the consultation period
Implementation
No prescribed timescale – but must be as specified in the consultation publication, subject
to any modifications agreed by the Governors.
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