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.

Place guarantee to ECEC

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’. In addition, since September 2017, 3- and 4-year-olds with working parents are entitled to a free nursery place equivalent to 30 hours per week over 38 weeks of the year. This is known as the ‘extended entitlement’.

Entitlement to a funded early education place was first introduced in 1998. Prior to this, availability varied greatly from one area to another. When introduced, the entitlement applied to 4-year-olds for 2.5 hours per day for 33 weeks each year. It was extended to 3-year-olds in 2004 and the number of hours was increased to 15 hours per week for 38 weeks by 2010.

For 2-year-olds, there is no universal entitlement, but children from disadvantaged families are eligible for 15 hours of free provision per week over 38 weeks of the year (570 hours per year). Eligibility is determined on economic grounds and by other criteria, including whether children have special educational needs (SEN).This entitlement was introduced in 2013 for around 20% of the age group, and extended to around 40% from 2014.

For babies and infants up to age 2, there is no entitlement to free provision. Parents can choose to pay for childcare using privately-run or voluntary sector day nurseries, childminders or nannies.

Affordability

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.

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.

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.

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

Legal framework

The Childcare Act 2006 is a key piece of legislation governing early years provision in England. Section 7 of the Act (as substituted by Section 1 of the Education Act 2011) places a duty on local authorities (LAs) to secure early years provision free of charge. Regulations made under the Childcare Act set out the type and amount of free provision and the children who benefit from the free provision.  

All 3- and 4-year-olds and disadvantaged 2-year-olds are entitled to funded early years provision for 15 hours per week for 38 weeks of the year. The Childcare Act 2016 extended the entitlement for 3- and 4-year olds with working parents, from 15 to 30 hours per week from September 2017. The aim was to make early education and childcare provision more affordable for working parents.

Further information on local authorities’ duty to secure free provision is set out on pages 7 to 26 of the statutory guidance.

Alongside the duty to secure free provision, Section 6 of the Childcare Act 2006 places LAs under a duty to secure sufficient childcare, so far as is reasonably practicable, to enable parents in their respective areas to work or to undertake education or training to enable them to obtain work. This duty, which is explained on pages 27-8 of the statutory guidance for LAs, does not mean that childcare should be directly funded or subsidised. However, parents whose income is below a certain level are eligible for extra tax credits to help pay for childcare costs. These arrangements are explained in the Government’s guidance for parents. 

Local authorities (LAs) also have a duty under the Childcare Act 2006, as amended by the Childcare Act 2016, to provide a service offering information and advice to parents on childcare in the area. They are expected to ensure that parents are aware of funded early years places and how to find them, and to advise parents on the wider range of services available to young children. For more detailed information, see pages 29-32 of the statutory guidance for local authorities.

In addition, LAs have a number of wider statutory duties under the Childcare Act 2006, including to:

• improve the wellbeing of young children in the area and reduce inequalities;
• secure sufficient provision of children’s centres to meet local need, so far as is reasonably practicable;
• make arrangements to provide early childhood services in an integrated manner. 

Children’s centres are a means through which LAs meet these wider duties, as explained in the statutory guidance.

Early childhood services provided by such centres are defined as:

• early education and childcare,
• social services functions of the LA relating to young children, parents and prospective parents,
• health services relating to young children, parents and prospective parents,
• training and employment services to assist parents or prospective parents,
• information and advice services for parents and prospective parents.

Early childhood services are provided either at the children’s centre itself or by providing advice and assistance in accessing services provided elsewhere. 

All children are entitled to a full-time school place in the reception class (ISCED 0) from the September term following their fourth birthday. This is in accordance with the School Admissions Code. Entitlement to a part-time place with other providers ends when a child takes up a place in the reception class.

Compulsory full-time education starts at age five, in accordance with Section 8 of the Education Act 1996.