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By Shannon Pite

The Early Years Alliance has launched an investigation into local authority funding agreements that place greater restrictions on providers than is required by the Department for Education's (DfE's) statutory guidance.

As of 1 April, an updated version statutory guidance for local authorities on early years and childcare is now in effect. The revised guidance contains new information on how early years providers should deliver the early entitlement offers, including clarification that providers must make all additional charges – whether for nappies, wipes or lunch – clear and upfront to parents, and that these charges must not be included as a condition for parents accessing their hours.   

According to the guidance, local authorities are "permitted to place requirements on providers in those arrangements in order for providers to receive free early education and childcare funding". However, the guidance also states that Ï㽶ÊÓƵapp "are required by legislation to limit the requirements they place on any provider or childminder agency to those which ensure:

• places are delivered completely free of charge to parents
• places are provided flexibly in a pattern which meets the needs of parents
• that the funding provided is used properly and in accordance with any arrangements made with providers
• that the provider meets the needs of disabled children and children with special educational needs
• effective safeguarding and promotion of welfare of the children for whom the early education and childcare is provided
• that providers actively promote fundamental British values and do not promote as evidence-based views or theories which are contrary to established scientific or historical evidence and explanations
• that the early years provider takes any measures identified in a report from Ofsted to improve the overall effectiveness of the provision (see A4.12 and A4.15)
• are necessary for the effective administration of the arrangements."

Despite this, however, the Alliance has received a number of reports of local authorities whose local funding agreements go far beyond the scope of the original guidance. The organisation is now in the process of collating and analysing the examples shared by providers, to help inform our ongoing discussions with the Department for Education.

If you believe that your local authority agreements includes restrictions that exceed the requirements of the statutory guidance, please fill out our quick-and-easy form so that we can raise in our discussions with government.