Key local authority responsibilities
Local authorities must have regard to any guidance given from time to time by the Secretary of State when carrying out their duties to secure that free childcare is available. This is set out in Section 7(3) of the Childcare Act 2006 and The Childcare (Free of Charge for Working Parents) (England) Regulations 2022.
2.1 The local authority must secure an early years' entitlement place for every eligible child in the county.
Early years and childcare.
2.2 The local authority will work in partnership with providers to agree how to deliver early years entitlement places.
2.3 The local authority will be clear about its role and the support available locally to meet the needs of children with special educational needs and/or disabilities (SEND) as well as their expectations of early years' providers.
Local Offer Derbyshire.
Special educational needs and disability
2.4 The local authority will contribute to the safeguarding of and promote the welfare of children and young people in the county.
Derby and Derbyshire Safeguarding Children Partnership
2.5 The local authority will withhold providers’ information from publication, for example, where the provider has notified the local authority that they do not want certain information to be disclosed, such as their address.
2.6 The local authority will support providers in Derbyshire to meet the needs of Derbyshire children in care. A child living in Derbyshire, however, may not be in the care of Derbyshire County Council.
Key provider responsibilities
2.7 The provider must comply with all relevant legislation and insurance requirements specified (specified at 6.2, legal requirements – Appendix 1)
2.8 The provider should deliver the early years’ entitlement places consistently to all parents/carers, whether in receipt of 15 or 30 hours and regardless of whether they opt to pay for optional services, meals or consumables. This means those children accessing the early years entitlements should receive the same quality and access to provision as defined in A1.34, A1.36 and A1.37 of the Early Education and Childcare statutory guidance for local authorities. The provider should be clear and communicate to parents details about the days and times that they offer early years entitlement places, along with their optional services and charges.
Whilst providers can charge for extras, these charges must be voluntary for parents/carers in relation to the entitlement hours. Children accessing the funded entitlements should receive the same quality and access to provision as those children that are not accessing early years entitlement places.
2.9 The provider must have arrangements in place to support children with special educational needs and/or disabilities (SEND). These arrangements should include a clear approach to identifying and responding to SEND. Providers should utilise the Early Years SEN inclusion fund, Disability Access Fund and EYSEN specialist Teacher and Outreach team if appropriate to deliver effective support.
2.10 The provider must provide information for parents/carers on how they support children with SEN and disabilities and should regularly review and evaluate the quality and breadth of the support they offer or can access for children with SEN or disabilities. Where providers have any concerns regarding their ability or capacity to meet the needs of a child with SEN or disabilities, they must seek further advice from the local authority. Advice should be sought from the Early Years SEN service. Information and contact details for this service can be found on the Local Offer.
2.11 The provider must co-operate with the local authority in reviewing the provision that is available locally and in developing the Local Offer. Providers should work in partnership with other local education providers to explore how different types of need can be met most effectively.
Special educational needs and disability.
SEND code of practice: 0 to 25 years.
2.12 The provider must issue a privacy notice in compliance with the data protection legislation to all parents and carers in relation to how they share children's details. A template which providers can adapt to create their own policy.
2.13 Provider details held by the Families Information Service (FIS) should be updated termly, via the ‘Forms’ section on the Provider Portal to ensure they are current and up to date.
2.14 The provider must seek the approval from Ofsted when taking children's details off-site and should retain the email as evidence for their Ofsted inspection.
2.15 The provider must ensure that parents are made aware of, and promote any additional funding for which their child may be eligible alongside the standard early years entitlement funding. This includes:
- Early Years Pupil Premium (EYPP): allocated to early years providers to support eligible children.
- Disability Access Funding (DAF): available for children in receipt of Disability Living Allowance.
2.16 The provider should identify children who qualify for EYPP and DAF on the provider portal, providing parent/carers have given their consent on their Parent/Carer Declaration form.