In England, the Early Years Foundation Stage (EYFS) caters for children from birth to age five. This chapter focuses on publicly funded EYFS provision which is available for three- and four-year-olds and some two-year-olds. Provision, paid for by parents, is also available below the age at which it is publicly funded.

This phase of education is not compulsory.

For information on four-year-olds in the reception class of primary school, see the chapter on 'Primary Education'.

Structure and organisation

Providers

Publicly funded early years education for 3- and 4-year-olds is provided in nursery schools and nursery classes in maintained primary schools and academies. In addition, places are available in children’s centres (sometimes known as Sure Start children’s centres) and in private and voluntary settings, such as day nurseries, playgroups and registered childminders, which are supported by government funding subject to meeting certain requirements.

All 3- and 4-year-olds are entitled to 570 hours of free provision per year, typically taken as 15 hours per week over 38 weeks of the year; 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. 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.

Curriculum and assessment

The phase of education and care spanning the period from birth to age five is known as the Early Years Foundation Stage (EYFS), and all publicly funded early years settings must follow the Statutory Framework for the Early Years Foundation Stage. This framework, which was given legal force by regulations made under the Childcare Act 2006, sets out requirements for learning and development in terms of: 

• areas of learning and development which shape educational programmes 
• early learning goals
• assessment arrangements.

The framework also specifies the safeguarding and welfare requirements that providers must meet to keep children safe and promote their welfare.

Participation

Although participation in the Early Years Foundation Stage (EYFS) is voluntary, most children attend some form of pre-school or nursery education, either full- or part-time, with very few children remaining at home until the start of compulsory education (the term following their fifth birthday).

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.

Main national policy aims and general objectives

The Government’s overarching aim is for early years education and care to be available through a diverse range of high-quality providers to suit parents’ and children’s needs. Provision also seeks to support the most disadvantaged young children with a view to improving life chances and social mobility through education. 

Closing the gap in the early years is one of five core ambitions outlined in the Department for Education’s social mobility plan (2017). The plan has 5 core ambitions: 4 which span across each life phase - the early years, school, post-16 education, and careers - and a fifth overarching ambition focussing on delivering better educational and career outcomes more evenly across the whole country. The early years core ambition focuses on closing the ‘word gap’ (p.11).

‘We need to tackle these development gaps at the earliest opportunity, particularly focused on the key early language and literacy skills, so that all children can begin school ready to thrive’ (p.8)

In addition, priorities for children’s services and early years education in the DfE’s single departmental plan include:

• Supporting local authorities to deliver high performing children’s services everywhere - aiming to reduce the number of inadequate local authorities below 10% by 2022
• Working with health partners to deliver high-quality services for children and young people with special educational needs and disability
• Ensuring that children in need of help and protection are supported by a national system of excellent and innovative practice (including through a new What Works Centre)
• Continue to deliver and embed our offer of 30 hours of free childcare for working parents (supports SDG 4)
• Improve our understanding of how best to support parents to develop their children’s learning at home.

The priorities for early years education outlined in the single departmental plan and the social mobility plan are also supported by the DfE’s 2015-20 strategy, World Class Education and Care. Priority 9 (pages 30-31) seeks to:

• ensure that children are ready for school when they start, with a particular focus on ensuring that the most disadvantaged children receive high-quality early education and care from age two;
• help families with the cost of childcare so that they have more employment choices;
• increase the quality of the early years education and childcare offered, focused on developing the workforce.

In order to help the most disadvantaged children access early childhood education and care, the Government also introduced the Early Years Pupil Premium (EYPP) in April 2015. This is funding given to early years providers, with the aim of improving the education they provide to disadvantaged 3- and 4-year-olds whose families receive state benefits, or if they are, or were previously, in the care of the local authority (LA).

Revision of learning goals and assessment arrangements in the early years

So as to improve the effectiveness of assessment arrangements for testing a child’s school readiness, the Government is planning to introduce revised early learning goals in the Early Years Foundation Stage and a ‘baseline assessment’ for children in reception class. Further information is included in the article on ‘Assessment in Programmes for Children over 2-3 years’.