Comparing the EYFS Statutory Frameworks: 2014 with 2012 What is the effect of the changes?

Clearly there has been an attempt to reduce the number of policies which providers are required to have. However in several cases you will still have to show that your procedures are adequate to cover the situations so a policy is a fairly easy way of doing so. Health and safety policies would still be useful and we will be looking into the HSEs guidelines and reporting on these. Not to have a behaviour policy also seems a bit odd, but providers will still need staff to share practices and so guidelines on this will be needed. However the sharper focus on not having corporal punishment seems good, even if the softer issues of managing behaviour are not addressed so directly. Similarly risk assessments and a relevant policy become the responsibility of the provider to ensure that appropriate procedures are known by and followed by staff. The reference to the two year old progress check is sharpened and the reference to integrated working across professional is most welcome, but the EYFS Profile retains its former wording, despite Ministers comments about it becoming much more optional as the baseline assessment in YR is rolled out it seems as though the EYFS Statutory Framework has not caught up with other policy developments (or else is being overtaken by them). Some things seem a bit odd the removal of the requirement to obtain parental approval for children to go on an outing, for example. It would still appear to be a good idea to get approval, even if this is a blanket approval, especially for regular trips, such as to the park. A regular feature is the reference to childminder agencies, as might be expected for this new policy. The dropping of references to appraisals and the substitution of supervisions is interesting as the former are generally annual whereas the latter can be fortnightly or half termly. This seems to fit a bit awkwardly with the changes in ratios to recognise level 6 qualifications including Early Years Teacher qualifications. The change to a 1:13 ratio where a registered setting has a L6 qualified person is helpful. The absence of a section directly referring to Equal Opportunities appears retrogressive. Beyond the EYFS and more to do with its application, quite a few independent schools have registered setting for under three which Ofsted has given a registered age range up to five. DfEs independent school registration goes from 3 upwards. So the 3 to 5 year olds provision is theoretically subject to two sets of requirements, the EYFS Statutory Framework and the often much more loosely worded independent school regulations (except for complaints procedures where the EYFS is much simpler). It is not clear which set of
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requirements should apply. This will be taken up with Ofsted as the simplest thing would be for EY registration to cover only the under threes (or for the DFE school registration to go down to the youngest children, although this may not be practical for under twos). So, I conclude that the insertion of references to childminder agencies acknowledges that new policy. Other changes are less substantial than might appear as they place the onus for identifying what is needed upon the provider, rather than saying a policy is needed. Providers will still need to be able to demonstrate to Ofsted and others that they can meet the requirements. Documentation such as policies are the easiest way of doing so, unless you feel able to spend a lot of time talking to inspectors and others to show what you and your staff know and do. There are some unfortunate glitches, notably where providers are inspected by organisations approved by the Secretary of State and no mention is made of these. Martin Bradley 4 April 2014

The chart comparing the 2014 EYFS requirements with those in the 2012 EYFS
Significant changes are indicated in red, major changes in bold.

Sections

2014
Fully mandatory Cover all independent schools and EY register providers Paras 1 to 5 Introduction Overarching principles (para 6 Commentary on wrap around and holiday providers now put as footnote Composition of EYFS L&D requirements the same

2012
Fully mandatory The same wording The same wording do. Commentary on wrap around and holiday providers in text as para 1.3

Introduction Section 1 The learning and Development Requirements Areas of L&D:

the same wording, including the definitions 1.11 reference to key of all areas. person safeguarding 1.10 ref to key person as safeguarding and welfare requirement is now para 3.27. Otherwise requirement is to para the same wording 3.26 See change re new para 1.11 (right) 1.12 Last sentence omitted from 2014 providers should
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regularly consider the training and development needs of all staff members to ensure they offer a quality learning experience for children that constantly improves. The early learning goals Section 2 Assessment Progress check at age two The same wording is used Introduction: same wording

EYFS including provision of information to the local authority Section 3 The Introduction: the same except in para 3.3 safeguarding and where a reference to childminding agencies
Montessori Schools Association 2014

Slight re-ordering of sentences First sentence of para 2.4 now includes as last sentence 2.5 moved Practitioners must discuss with parents and/or carers how the summary of development can be used to support learning at home. Minor re-wording of para 2.5 (was discuss with other relevant professional, including their health visitor, and/or teacher (if a child moves to school-based provision at age three). Now reads: including their health visitor and the staff of any new provision the child may transfer to. The link with the Healthy Child Programme health and development information gathered at age 2 is sharpened and integrated working is noted. This is reinforced in noting that health and education professionals can identify strengths as well as any developmental delay. The need for parental consent for sharing of information between professionals is retained. Profile, The same wording

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welfare requirements

is added to the need for childminders to explain their policies and procedures to others. Child protection: The same wording, but the new reference is to the statutory guidance Working Together to safeguard children 2013. Suitable people: Broadly h same wording. Reference added in paras 3.10 and 3.12 to childminding agencies. Para 3.13 now includes a reference to the Disclosure and Barring Service where a member of staff is dismissed because they have harmed a child or put a child at risk of harm. Disqualification: title now refers to employees in registered settings as well as to all registered providers. New paras 3.14 to 3.17. This introduces clarity about circumstances when Ofsted should be notified of potential disqualification circumstances as well as including references to childminder agencies. Para 3.18 uses the same wording as old para 3.16 Staff taking medication/other substances: The same wording Staff qualifications, training, support and skills: para 3.20 now includes the point omitted from 2012s para 1.12, with slightly different wording as 3.20s last sentence the duty of providers to support staff development and training. 3.21, 3.22, 3.23 refer to staff supervisions (comments on appraisals are omitted). 3.23 sets out staff qualifications, including a named deputy. 3.24 Childminding: the former reference to locally approved training course is omitted just a training which helps them to understand and implement the EYFS before they can register with Ofsted or a childminder agency. Also minders are

Para 3.14 now significantly revised (see left column) The footnote referring to Ofsted may consider a waiver of the disqualification is omitted in 2014

References to appraisals omitted, supervisions now inserted (2014). 3.24 changed (first aid certificate)

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responsible for the quality of work of their assistants. 3.25: Paediatric first aid certificate requirements. NB footnote about providers of training. 3.26: staff understanding of English the same wording. Key person: same wording apart from ref to new para 1.10. Staff: child ratios. Introductory paras 3.28, 29 and 30 same wording. Ratios for under two year olds and for two years olds same wording Ratios for over 3s, added references to Early Years Teacher. References to hours of operation (formerly between 8 am and 4 pm) are omitted. Para 3.33: NEW Paragraph. MAJOR CHANGE: ratio goes from 1:8 (2012) to 1:13 (2014) in registered provision with someone holding L6 or above qualification, and at least one otjher member of staff with full and relevant L3. Also a footnote refers to the teacher being expected to work with the children for the vast majority of the time. When they are not there, the onus is on the provider to ensure that quality and safety is maintained. BUT reference to at least half of all other staff must hold a full and relevant levels 2 qualification omitted. Para 3.34: new paragraph referring to registered settings where there is no person qualified at level 6 Independent schools with children aged 3+. Paras 3.35 (where there is a QT, or instructor or L6 qualified person) ratios are 1:13, and 3.36 without such a person ratio is 1:8 Para 3.37 refers to maintained nursery schools and classes. No change. 3.38 Reception classes in maintained schools change to legislations referred to 3.39 Early years units with YR and N
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children: same as 2012. Before and after school care and holiday provision: New paragraph refers to YR children or older ones. Childminders. Para 3.41. Additional sentence a child is a young child up to 1st September following his or her fifth birthday. Paras 3.42 and 3.43 are the same as 2012. Health Medicines: The same wording Food and drink: the same wording. The requirement for staff preparing and handling food to be trained remains this has caused confusions and the Minister was clear when MSA spoke to her that this did not mean a Level 2 in food hygiene if people were helping children cut up snacks such as fruit an awareness of general hygiene was considered to be adequate. Para 3.49 refers to childminding agencies. Accident or injury: Same wording apart from an added reference to childminding agencies in para 3.51 (re accidents) Managing This section has been re-written. There is a behaviour sharper focus on an offence being committed if corporal punishment is used, with a note that if physical intervention was used to avert immediate danger, this is not corporal punishment. Such events must be recorded. There is now no reference to a behaviour policy in this section. Safety and Safety: suitability of 3.54 now also refers to overall floor space premises, as well as outdoor space being fit for environment and purpose and detailed reference to spaces, equipment furniture, equipment and toys being safe are reduced to read fit for purpose and suitable for the age of children cared for and the activities provided on the premises. Health and safety legislation is now referred to. NB references to a health and safety policy and procedures are now omitted. However
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Smoking

Premises

Risk assessment

Outings

these are generally covered by the H&S legislation (although details of which legislation are not given). We would advise that current policies are maintained. Para 3.55 fire safety is the same wording. This is simplified to refer to not allowing smoking in or on the premises when children are present or about to be present. NB reference to having a no smoking policy is now deleted. The space requirement are the same Para 3.58 refers to outdoor play areas, reference to the Equality Act 2010 (e.g. regarding making reasonable adjustments) is added. Para 3.59 drops the previous reference to a space or partitioned area for children wishing to relax, play quietly or sleep, but keeps the other references to a separate baby room for under twos. 3.60 does not specify the number of toilets and hand basins (but the 1:10 will still apply). 3.61 to 3.63 (an area for confidential discussions, area for staff breaks, only release children into care of people who parents have notified providers, preventing unauthorised entry, and carrying public liability insurance) are the same. Reference to a risk assessment policy is removed. Instead providers must ensure that they take all reasonable steps to ensure staff and children in their care are not exposed to risks and must be able to demonstrate how they are managing risks. (my emphasis to my mind that means having some sort of policy. There is a footnote saying that guidance on risk assessments can be obtained from the Health and Safety Executive). The rest of the section is as before In what seems a slightly odd change the requirement for obtaining parental permission for children to take part in
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outings is removed from para 3.65. The rest uses the same wording. Special A new paragraph, mainly applying to educational needs maintained nursery schools and other providers who are funded by the LA to deliver early education places. Equal No reference Paragraph omitted in opportunities 2014. (But there are references elsewhere to the Equality Act. Information and Sharing records childminder agency records reference added. A footnote reference is extended to cover the Information Commissioners office. Information about The same wording. the child Information for The same wording parents and carers Complaints Para 3.74 setting out the complaints procedures is as before Para 3.75 is amended to include references to childminder agencies. However it manages to complicate matters by referring to a provider who becomes aware that they are to be inspected by Ofsted or have a quality assurance visit by the childminder agency having to notify parents of this and after the inspection or visit by Ofsted or the childminder agency, must supply a copy of the report to the parents. No reference is made to inspection by other agencies, e.g.SIS, ISI or Bridge. Information about The same wording as before the provider Changes that must Added references to childminder agency be notified to needing to be notified. Ofsted or the There appears to be a glitch in para 3.78 relevant where the 2012 link to para 3.76 is childminder maintained I suggest it should be to para agency 3.77 regarding change of persons.

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