Regulation 3 Amendment of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014I1

England and Wales

(1)

The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014^f1 are amended in accordance with paragraphs (2) to (6).

(2)

In regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(a)

omit the definitions of “early years childminder agency inspection report” and “early years provision inspection report”,

(b)

in the definition of “eligible child”—

(i)

in paragraph (a), omit sub-paragraphs (i) and (viii),

(ii)

omit paragraphs (b) and (c),

(c)

before the definition of “term” insert—

““inspection report” means—

(a)

in relation to an early years childminder agency, a report under section 51E of the 2006 Act^f2,

(b)

in relation to an early years provider, a report under—

(i)

section 5 of the Education Act 2005^f3,

(ii)

section 50 of the 2006 Act^f4, or

(iii)

section 109 of the Education and Skills Act 2008^f5;”.

(3)

For regulation 6 (scope of the requirement in regulation 5(1)), substitute—

“Scope of the requirement in regulation 5(1)

6

(1)

The requirement in regulation 5(1) does not apply if the early years provider is any of the following—

(a)

a provider (other than an early years childminder registered with an early years childminder agency) that is awarded a specified grade in its most recent inspection report,

(b)

an early years childminder registered with an early years childminder agency where—

(i)

the agency is awarded a grade of “ineffective” in its most recent inspection report, or

(ii)

the agency notifies the local authority that, in its reasonable opinion, the childminder has ceased to provide childcare of satisfactory quality,

(c)

a provider the local authority has grounds to believe would not be able to satisfy a requirement the authority would impose if arrangements were made.

(2)

In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in the Schedule and conducted on a date in the corresponding entry in the second column—

(a)

where the early years provision is for a child who meets the condition in regulation 3(2) but does not meet the condition in regulation 3(3), any of the grades specified in the corresponding entry in the third column of the table,

(b)

where the early years provision is for a child who meets the condition in regulation 3(3), any of the grades specified in the corresponding entry in the fourth column of the table.”.

(4)

For regulation 7, substitute—

“Termination of the arrangements

7

Except in the case of arrangements with the governing body of a maintained school, arrangements made by the local authority for the purpose of complying with the requirement in regulation 5(1) must include provision allowing the local authority to terminate the arrangements if the early years provider with whom the arrangements are made becomes a provider mentioned in regulation 6(1)(a) or (b).”.

(5)

In regulation 8 (requirements governing arrangements made for the purpose of discharging the duty of the local authority under section 7)—

(a)

in paragraph (1)(c), for paragraph (viii) (but not the “or” after it) substitute—

“(viii)

where the early years provider is awarded a specified grade in its most recent inspection report, that the provider takes the measures identified in that report to improve the effectiveness of the provision, including, where applicable, participation in a training or other quality improvement programme;”,

(b)

in paragraph (2)(a), in paragraph (ii), omit “early years provision” the first time it appears,

(c)

after paragraph (2), insert—

“(3)

In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in the Schedule and conducted on a date in the corresponding entry in the second column, any of the grades specified in the corresponding entry in the third column of the table (irrespective of whether the provision is for a child who meets the condition in regulation 3(2) or 3(3)).”.

(6)

At the end of the Regulations, insert—

“Schedule

Specified grades

Regulations 6(2) and 8(3)

Inspection of provision Date of inspection Specified grades (provision for a child who meets the condition in regulation 3(2) but does not meet the condition in regulation 3(3) and for the purposes of regulation 8(2)) Specified grades (provision for a child who meets the condition in regulation 3(3))

under section 5 of the Education Act 2005 (inspection by the Chief Inspector) before 2nd September 2024 “inadequate” or “requires improvement” for overall effectiveness “inadequate” for overall effectiveness
on or after 2nd September 2024 but before 10th November 2025 decision of the Chief Inspector that significant improvement or special measures are required (within the meaning of section 13(1) Education Act 2005); “requires improvement” or “inadequate” for the effectiveness of the early years provision decision of the Chief Inspector that significant improvement or special measures are required (within the meaning of section 13(1) Education Act 2005)
on or after 10th November 2025 “not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance “not met” for safeguarding or “urgent improvement” for leadership and governance
under section 49(2) of the 2006 Act^f6 (inspection by the Chief Inspector) before 10th November 2025 “inadequate” or “requires improvement” for overall effectiveness “inadequate” for overall effectiveness
on or after 10th November 2025 “not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance “not met” for safeguarding or “urgent improvement” for leadership and governance
under section 109(2) of the Education and Skills Act 2008 (inspection by the Chief Inspector) before 5th January 2026 “inadequate” or “requires improvement” for overall effectiveness “inadequate” for overall effectiveness
on or after 5th January 2026 “not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance “not met” for safeguarding or “urgent improvement” for leadership and governance
under section 109(3) of the Education and Skills Act 2008 (inspection by a body approved under section 106 of that Act) of early years provision that meets the conditions in section 34(2) of the 2006 Act ^f7 any date “not met” for safeguarding or “not met” for leadership and governance “not met” for safeguarding or “not met” for leadership and governance
by a body approved under section 106 of the Education and Skills Act 2008 or under section 49(4) of the 2006 Act of early years provision that is registered in the early years register ^f8. before 5th January 2026 “inadequate” or “requires improvement” for overall effectiveness “inadequate” for overall effectiveness
on or after 5th January 2026 “not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance “not met” for safeguarding or “urgent improvement” for leadership and governance

”.

Inspection of provision	Date of inspection	Specified grades (provision for a child who meets the condition in regulation 3(2) but does not meet the condition in regulation 3(3) and for the purposes of regulation 8(2))	Specified grades (provision for a child who meets the condition in regulation 3(3))
under section 5 of the Education Act 2005 (inspection by the Chief Inspector)	before 2nd September 2024	“inadequate” or “requires improvement” for overall effectiveness	“inadequate” for overall effectiveness
on or after 2nd September 2024 but before 10th November 2025	decision of the Chief Inspector that significant improvement or special measures are required (within the meaning of section 13(1) Education Act 2005); “requires improvement” or “inadequate” for the effectiveness of the early years provision	decision of the Chief Inspector that significant improvement or special measures are required (within the meaning of section 13(1) Education Act 2005)
on or after 10th November 2025	“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance	“not met” for safeguarding or “urgent improvement” for leadership and governance
under section 49(2) of the 2006 Act^f6 (inspection by the Chief Inspector)	before 10th November 2025	“inadequate” or “requires improvement” for overall effectiveness	“inadequate” for overall effectiveness
on or after 10th November 2025	“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance	“not met” for safeguarding or “urgent improvement” for leadership and governance
under section 109(2) of the Education and Skills Act 2008 (inspection by the Chief Inspector)	before 5th January 2026	“inadequate” or “requires improvement” for overall effectiveness	“inadequate” for overall effectiveness
on or after 5th January 2026	“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance	“not met” for safeguarding or “urgent improvement” for leadership and governance
under section 109(3) of the Education and Skills Act 2008 (inspection by a body approved under section 106 of that Act) of early years provision that meets the conditions in section 34(2) of the 2006 Act ^f7	any date	“not met” for safeguarding or “not met” for leadership and governance	“not met” for safeguarding or “not met” for leadership and governance
by a body approved under section 106 of the Education and Skills Act 2008 or under section 49(4) of the 2006 Act of early years provision that is registered in the early years register ^f8.	before 5th January 2026	“inadequate” or “requires improvement” for overall effectiveness	“inadequate” for overall effectiveness
on or after 5th January 2026	“not met” for safeguarding; “urgent improvement” or “needs attention” for leadership and governance	“not met” for safeguarding or “urgent improvement” for leadership and governance

Annotations

Commencement

I1: Reg. 3 in force at 1.1.2026, see reg. 1(b)

Footnotes

f1: S.I. 2014/2147. Relevant amendments were made by S.I. 2016/887, 2018/146 and 2024/1228.
f2: Section 51E was inserted by paragraph 13 of Schedule 4 to the Children and Families Act 2014 (c. 6).
f3: 2005 c. 18. Section 5 was amended by paragraph 23 of Schedule 7 to the Education and Inspections Act 2006 (c. 40), paragraph 17 of Schedule 2 to the Academies Act 2010 (c. 32) and sections 40 and 41 and paragraph 15 of Schedule 13 to the Education Act 2011 (c. 21). An amendment to section 5 made by paragraph 26 of Schedule 1 to the Education and Skills Act 2008 (c. 25) is not yet in force.
f4: Section 50 was amended by paragraph 1 of Schedule 18 to the Education and Inspections Act 2006 (c. 40).
f5: 2008 c. 25.
f6: Amended by paragraph 33 of Schedule 1 to the Education and Skills Act 2008 (c. 25), S.I. 2012/976, and section 85 and paragraph 12 of Schedule 4 to the Children and Families Act 2014.
f7: Relevant amendments were made by paragraph 32 of Schedule 1 to the Education and Skills Act 2008 (c. 25), paragraph 5 of Schedule 4 to the Children and Families Act 2014 (c. 6), and section 75 of the Small Business, Enterprise and Employment Act 2015 (c. 26).
f8: See section 32(2) of the Childcare Act 2006, which requires the Chief Inspector to maintain the early years register.