This article focuses on publicly funded early years provision for children aged three and four. It also covers publicly funded provision for disadvantaged two-year-olds. Provision is available for children below these ages but is paid for by parents themselves.

Accessibility

Publicly funded, part-time pre-school education is available to all three- and four-year-olds, and some two-year-olds, should their parents want it. Local authorities (LAs) have a statutory duty to ensure such provision. Participation is voluntary and places are available in a range of settings, including: 

• maintained nursery schools;
• nursery classes (in maintainedprimary schools);
• children’s centres, which often offer funded places alongside a range of services for families with young children, such as family health services;
• private and voluntary settings (e.g. nurseries, crèches and playgroups), which receive some government funding for provision, subject to meeting certain requirements.

Parents can choose to pay for additional provision on top of the free provision they receive.

Entitlements

All three- and four-year-olds are entitled to 570 hours per year of funded pre-school provision, typically taken as 15 hours per week over 38 weeks. This is known as the ‘universal entitlement’.

Most three- and four-year olds whose parents are in employment are entitled to a free nursery place equivalent to 30 hours per week over 38 weeks of the year. This entitlement, known as the ‘extended entitlement’, was introduced under the Childcare Act 2016. The aim, as expressed in the Government policy statement accompanying the introduction of the Childcare Act to Parliament, is to help families by reducing the cost of childcare and by supporting parents into work, or to work more hours, should they wish to do so.

Parents of three- and four-year-olds qualify for the extended entitlement:

• if they are in work (or getting parental leave, sick leave or annual leave);
• if they are each earning at least the national minimum (or living) wage for 16 hours per week (£125.28, or €140*, for those over the age of 25);
• providing neither parent has a taxable income of over £100,000 (€111,763.98*) per year.

For more detailed information regarding eligibility for the extended entitlement, see the government guidance.

Some two-year-olds are also entitled to a free part-time nursery place for 570 hours per year. Eligibility for two-year-olds is based on economic grounds, but there also some non-economic criteria (e.g. if the child has special educational needs (SEN) or is in the care of a local authority). Further information is provided in the Government’s guidance for parents.

*Exchange rate used: €1 = £0.89, ECB, 19 November 2020.

Local authority responsibilities

In discharging their duties regarding the delivery of free early education, local authorities must, in accordance with statutory guidance made under the Childcare Act 2006 and the Childcare Act 2016:

‘promote equality and inclusion, particularly for disadvantaged families, looked after children, children in need and children with special educational needs and disability, by removing barriers of access to free places and working with parents to give each child support to fulfil their potential’ (p.14)

Alongside the duty to secure free provision, Section 6 of the Childcare Act 2006 places local authorities under a duty to secure sufficient childcare, so far as is reasonably practicable, for working parents, or parents who are studying or training for employment, in their area. The duty to secure provision does not mean that the provision should be publicly funded or subsidised. 

Local authorities also have discretionary powers to provide assistance with transport. Under the Education Act 1996, as amended by the School Standards and Framework Act 1998, they may, for example, provide free transport for pre-school children if they are satisfied that, without this assistance, they would be prevented from attending education at a particular setting.

Admission requirements and choice of ECEC institution

Parents can choose an early years provider for their child, although there is no guarantee that he / she will get a place there. The admissions policy is set either by the provider or by the local authority, depending on the type of provider. However, as public bodies and organisations performing public functions, in determining their admissions policies, all providers must comply with the Equality Act 2010.  

Choice of ECEC institution

To help parents make choices regarding provision, local authorities must ensure that they are informed:

• of the entitlement to free provision for two-, three- and four-year-olds and the eligibility criteria for these entitlements;
• that they can continue to take up their child’s free place at a private, voluntary or independent provider until their child reaches compulsory school age;
• that children have the right to a place in a primary school reception class in the September following their fourth birthday, but education does not become compulsory until the term following their fifth birthday;
• that a place in a school nursery class does not guarantee admission to that particular school, and parents must apply for a place at the school if they want their child to transfer to the reception class;
• of how to find childcare and free places in their area, and how to assess its quality;
• of the local authority complaints procedure, if they are not satisfied that their child has received their free place or with any aspect of the way they have received it.

Settings cater for different age ranges. Many providers admit children from the age at which funded places are available, i.e. two or three, while others cater for children below this age on payment of fees.

Nursery classes in the publicly funded schools sector (e.g. in maintained nursery schools, and in nursery classes in maintained primary schools and in academies) are generally only available from age three. From the September following their fourth birthday, most children attend the reception class of a primary school. See the article on ‘Organisation of Primary Education’ for information on school admission arrangements.

Families’ use of different types of setting varies according to their circumstances and the local pattern of provision. For example, children may:

• start at a day nursery full-time as babies on a full fee-paying basis and continue with the same provider until the age of five, receiving a discount on their monthly fees equivalent to the entitlement hours from the age of two or three;
• start with a private or voluntary provider at age two or three, and then move to the reception class in a primary school at age four;
• start with a private or voluntary provider at age two, and move to a part-time nursery class in a primary school at age three, and then to a full-time reception class in a primary school at age four.  

Parental entitlement

The ‘universal entitlement’ to a free part-time early education place applies from the ‘relevant date’. This means the start of term beginning on or following 1 September, 1 January or 1 April after the child’s third birthday. The ‘extended entitlement’ for three- and four-year-olds with working parents also applies from the ‘relevant date’ following the child’s third birthday. The child’s parent must apply for the extended entitlement through the Government’s online Childcare Service.

The relevant date for disadvantaged two-year-olds to access publicly funded early years provision is the start of the term following their second birthday.

See the subheading ‘Entitlements’ above for further information on the criteria for access to universal and extended publicly funded early years provision for three- and four-year-olds, and for information on access to provision for disadvantaged two-year-olds.

Age levels and grouping of children

The organisation of teaching groups / classes is determined by individual institutions. Children may be grouped according to age or may be in mixed-age groups.

The required ratio of adults to children depends on the age of children, the type of provider and the levels of qualification held by staff. The regulations are set out in the Statutory Framework for the Early Years Foundation Stage (Department for Education, 2017) and can be summarised as follows: 

• 1 adult for every 3 children under 2 years of age, 
• 1 adult for every 4 2-year-olds,
• 1 adult for every 8 children aged 3 and over (where a qualified teacher or equivalent is not working directly with the children),
• 1 adult for every 13 children aged 3 and over (where a qualified teacher or equivalent is working directly with the children). 

Reception classes in primary schools are subject to different requirements. The School Admissions (Infant Class Sizes) Regulations 2012 limit the size of classes to 30 pupils per qualified teacher.

The statutory framework for the Early Years Foundation Stage (EYFS) stipulates also that each child must be assigned a key person, who helps to ensure that the child’s learning and care is tailored to meet their individual needs. This key person must seek to engage and support parents / carers in guiding their child’s development at home and should also help families engage with more specialist support if appropriate.

Note: the Early Years Foundation Stage Framework is the framework for learning for 0- to 5-year-olds. Provision which is available before the age at which it is publicly funded (2 or 3) is paid for by parents.  

Organisation of time

The Government offers all 3- and 4-year-olds whose parents want it (and some 2-year-olds), free, part-time provision of 15 hours per week for 38 weeks. 3- and 4-year-olds with working parents are entitled to free provision of 30 hours per week for 38 weeks. How these hours are provided to parents varies dependent on the parents’ and child’s needs and on the opening hours of institutions, which vary depending on the type of setting.

Where parents require more hours of provision than those which are publicly funded, or where they require provision before the age at which publicly funded provision becomes available, they pay for this themselves.

Nursery schools and classes follow the same terms as primary schools: three terms running from September to December; January to March / April; and April to July. Many private and voluntary providers in receipt of government funding to provide early childhood education and care are open all year round.

Organisation of the day and week

Early education and childcare statutory guidance states that children should be ‘able to take up their full entitlement to a free place at times that best support their learning and development, and at times which fit with the needs of parents to enable them to work or increase their hours of work if they wish to do so’ (page 15). Local authorities (LAs) are consequently expected to offer flexible packages of publicly funded hours to parents, whilst also ensuring that:

• no session is longer than 10 hours;
• there is no minimum session length;
• no sessions are offered before 6.00am or after 8.00pm;

sessions are offered in a maximum of two different sites per single day.The Early years foundation stage statutory framework (EYFS) (which covers provision for children aged 0-5) sets no requirements for the structure of the day or week; this is a matter for providers.

Article last reviewed December 2020.