PART 1Introductory

Citation and commencement

1.  These Regulations may be cited as the Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020 and come into force on 24th April 2020.

Review

2.  The Secretary of State must, before the 25th September 2020, review the effectiveness of the amendments made by these Regulations.

PART 2Modification of learning and development requirements

Amendment of the Early Years Foundation Stage (Learning and Development Requirements) Order 2007

3.  The Early Years Foundation Stage (Learning and Development Requirements) Order 2007(3) is amended as follows.

4.  In article 3 (specification of the learning and development requirements)(4), at the beginning insert "Subject to article 3A,".

5.  After article 3 insert-

"Temporary modification of learning and development requirements in the Document

3A.-(1) During the relevant period, the learning and development requirements prescribed in Section 1 of the Document(5) are to be treated as discharged if a provider uses its reasonable endeavours to discharge the requirement during the relevant period.

(2) The relevant period starts when this regulation comes into force and ends on 25th September 2020.

(3) The learning and development requirements prescribed in Section 2 of the Document and specified in the first column of the table in paragraph (4) do not apply to the extent specified in the second column of that table.

6.  After article 6A (matters to be considered by early years childminder agencies)(7) insert-

"Matters to be considered by early years childminder agencies: effect of temporary closure directions

6B.-(1) In relation to a period during which a temporary closure direction has effect in relation to an early years provider, an early years childminder agency must, in exercising functions under Part 3 of the Act, take account of the direction in dealing with any allegation under article 6A(a) or (b).

(2) In paragraph (1) "temporary closure direction" means a direction issued under section 37(1) and paragraph 3(2)(b) of Schedule 16 to the Coronavirus Act 2020(8).".

PART 3Modification of welfare requirements

Amendment of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012

7.  The Early Years Foundation Stage (Welfare Requirements) Regulations 2012(9) are amended as follows.

8.  After regulation 3 (specification of the welfare requirements)(10) insert-

"Temporary modification of the welfare requirements in the Document

3A.-(1) The welfare requirements prescribed in Section 3 of the Document have effect during the relevant period subject to the modifications set out in this regulation.

(2) The requirements in Section 3 of the Document specified in paragraph (3) are to be treated as discharged if the provider has used its reasonable endeavours to discharge the requirement.

(3) The following requirements are specified for the purposes of paragraph (2)-

(a)in paragraph 3.23, the requirement for at least half of all other staff (excluding the manager) to hold at least a full and relevant level 2 qualification;

(b)in paragraphs 3.31, 3.32, 3.34 and 3.36 the requirement for at least half of all other staff (excluding the member of staff who holds a full and relevant level 3 qualification) to hold a full and relevant level 2 qualification;

(c)in paragraph 3.33, the requirement for at least one other member of staff (excluding the member of staff who holds a suitable level 6 qualification) to hold a full and relevant level 3 qualification;

(d)in paragraph 3.35, the requirement for at least one other member of staff (excluding the member of staff who holds a suitable level 6 qualification, an instructor, or another suitably qualified overseas trained teacher) to hold a full and relevant level 3 qualification; and

(e)in paragraph 3.37-

(i)the requirement for at least one member of staff to be a school teacher, as defined by section 122 of the Education Act 2002(11) but only if the requirements in paragraph 3.34 (as modified by sub-paragraph (b)) are satisfied; and

(ii)the requirement for at least one other member of staff (excluding the member of staff who is a school teacher, as defined by section 122 of the Education Act 2002) to hold a full and relevant level 3 qualification.

(4) In paragraph 3.25-

(a)the words from "All newly qualified entrants" to "in an early years setting." are disapplied; and

(b)the requirement for at least one person who has a current paediatric first aid ("PFA") certificate to be on the premises and available at all times when children are present and to accompany children on outings is to be treated as discharged if the provider has used its best endeavours to discharge the requirement and the conditions in paragraph (5) are satisfied.

(5) The conditions are that-

(a)all children being cared for on the premises are two years old or more;

(b)at least one person who holds a first aid at work certificate or holds an emergency PFA certificate is present on the premises at all times when children are present and accompanies children on outings;

(c)the provider has undertaken a written risk assessment which considers the likely occurrence of a serious incident taking place taking into account all relevant factors including-

(i)the number of children on the premises;

(ii)the needs of the individual children attending the premises;

(iii)staff to child ratios;

(iv)the types of activities undertaken with the children on the premises;

(v)the likely need for first aid;

(vi)first aider knowledge among staff on the premises; and

(vii)the mitigations available to reduce the risk of such an incident; and

(d)following that risk assessment the provider is satisfied that they have taken all reasonable steps to ensure the safety of children in their care.

(6) The relevant period starts when this regulation comes into force and ends on 25th September 2020.

(7) Except in relation to the requirement in paragraph (4)(b), where on 24th September 2020 a provider complies with the welfare requirements only by virtue of this regulation the provider is to be taken to continue to comply with the welfare requirement so long as-

(a)the provider does not on or after 25th September 2020 further reduce the level of qualifications held by staff during that period; and

(b)the provider complies with the welfare requirements as set out in the Document on or before the 25^th November 2020.".

9.  After regulation 5A (matters to be considered by early years childminder agencies)(12) insert-

"Matters to be considered by early years childminder agencies: effect of temporary closure directions

5B.-(1) In relation to a period during which a temporary closure direction has effect in relation to an early years provider, an early years childminder agency must, in exercising functions under Part 3 of the Act, take account of the direction in dealing with any allegation under article 6A (a) or (b).

(2) In paragraph (1) "temporary closure direction" means a direction issued under section 37(1) and paragraph 3(2)(b) of Schedule 16 to the Coronavirus Act 2020.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 ("the 2007 Order") and the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 ("the 2012 Regulations") which modify and disapply certain requirements imposed under the 2007 Order and the 2012 Regulations. The amendments are being made in order to assist the early years' sector during the coronavirus outbreak. There is a duty on the Secretary of State to keep the operation of the amendments under review.

Part 1 contains general provisions.

Part 2 modifies and disapplies provisions in the 2007 Order relating to the learning and development requirements in Sections 1 and 2 of the Statutory Framework for the Early Years Foundation Stage ("the Framework Document") published by the Secretary of State for Education on 3rd March 2017 on the gov.uk website(13).

Section 1 of the Framework Document is modified until 25th September 2020 so that the learning and development requirements are to be treated as discharged if a provider uses its reasonable endeavours to discharge the requirement.

In Section 2 of the Framework Document the legal requirement to undertake progress checks at age 2 are removed until 25th September 2020 and the requirement to complete assessments at the end of the Early Years Foundation Stage (the Early Years Foundation Stage Profile) for the academic year 2019-20 is disapplied.

Regulation 6 makes similar provision for childminder agencies (in respect of the learning and development requirements) in respect of the exercise of their functions in relation to a childcare provider subject to a temporary closure order under the Coronavirus Act 2020, as is made in that Act in relation to the Chief Inspector.

Part 3 modifies and disapplies provisions in the 2012 Regulations. Section 3 of the Framework Document is modified in relation to certain welfare requirements, in particular staff qualifications, training, support and skills. The modifications apply until 25th September 2020 subject to savings for providers who are relying on the modifications at the end of that period and who meet certain requirements who have until 25th November 2020 to comply with the unamended regulations.

Regulation 9 makes similar provision as that in regulation 6 but in respect of the welfare requirements.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.