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The Early Years Foundation Stage (Learning and Development Requirements) Order 2007

S.I. 2007/1772 · Made 20 June 2007 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2026.

children and young persons, england

Made 20th June 2007

Laid before Parliament 27th June 2007

Coming into force 1st September 2008

In accordance with section 45(2) of the Childcare Act 2006 M1 (“the Act”) the Secretary of State for Education and Skills has given notice of his proposal to make this Order.

And in accordance with section 45(3) of the Act the Secretary of State has considered the evidence and representations submitted to him in pursuance of section 45(2), and has published a draft of this Order and any associated documents and a summary of the views expressed to him.

Accordingly the Secretary of State, in exercise of the powers conferred by sections 39(1)(a), 42(1) to (5) and 44(1) to (4) of the Act, makes the following Order:

Annotations to the whole text

Marginal citations

M1

2006 c.21.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Specification of the learning and development requirements
  4. 3ATemporary modification of learning and development requirements in the Document Repealed
  5. 3BFurther temporary modification of learning and development requirements in the Document Repealed
  6. 3CArticle 3C Repealed
  7. 3DDelegated supplementary provisions: reception baseline assessments
  8. 4Further provisions about assessment arrangements
  9. 5Requirement on Chief Inspector and early years childminder agencies
  10. 6Matters to be considered by the Chief Inspector
  11. 6AMatters to be considered by early years childminder agencies
  12. 6BMatters to be considered by early years childminder agencies: effect of temporary closure directions Repealed
  13. 6CInvestigation by the Secretary of State and amendment of reception baseline assessment results
  14. 7Proceedings under Part 3 of the Act
  15. 8Review
  16. Signature
  17. Explanatory note

1Citation and commencement

This Order may be cited as the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 and comes into force on 1st September 2008.

2Interpretation

In this Order—

  • “the Act” means the Childcare Act 2006;

  • F1“the childminder EYFS” means the document entitled “Early Years Foundation Stage statutory framework for childminders” dated F213th July 2026 and published by the Secretary of State on the gov.uk website;

  • F3“the Document” means in the case of—

    1. (a)

      a person who is registered under section 37(1) or (2A) or section 37A(1) or (1A) of the Act as an early years childminder, F4the childminder EYFS;

    2. (b)

      a person who—

      1. (i)

        is registered as an early years provider other than a childminder under section 37(2) or 37A(2) of the Act; or

      2. (ii)

        would be required by section 34(1) or (1A) of the Act to be registered to provide early years provision but for section 34(2) of the Act,

      F5the group and school-based provider EYFS;

  • F6“the group and school-based provider EYFS” means the document entitled “Early Years Foundation Stage statutory framework for group and school-based providers” dated 13th July 2026 and published by the Secretary of State on the gov.uk website;

  • F7“reception baseline assessment” has the meaning given in Annex B to the F8group and school-based provider EYFS;

  • F9“the relevant provisions of the Document” means the provisions in Sections 1 and 2 of the Document F10and in Annex B to the childminder EYFS that use the word “should”.

3Specification of the learning and development requirements

(1)

It is directed that the provisions in F1Sections 1 and 2 of F2, and Annex B to, the Document F3that, by virtue of their use of the word “must”, express requirements, have effect for the purposes of specifying the learning and development requirements M1 under section 39(1)(a) of the Act.

(2)

Early years providers M2 to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the F4matters in F5Sections 1 and 2 of, and Annex B to, the Document that use the word “should” in securing that the early years provision they provide meets the learning and development requirements.

3ATemporary modification of learning and development requirements in the DocumentF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3BFurther temporary modification of learning and development requirements in the DocumentF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3CF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3DDelegated supplementary provisions: reception baseline assessmentsF1 E

(1)

The Secretary of State may make delegated supplementary provisions in relation to—

(a)

the monitoring of assessment arrangements for reception baseline assessments;

(b)

the assessment, recording and reporting of reception baseline assessments;

(c)

the time when, and the manner in which, reception baseline assessments are to be administered;

(d)

the investigation of the accuracy and correctness of the results of reception baseline assessments;

(e)

the annulment or amendment of the results of reception baseline assessments.

(2)

Before making, amending or revoking any delegated supplementary provisions the Secretary of State—

(a)

must consult the Office of Qualifications and Examinations Regulation; and

(b)

may consult such other persons as the Secretary of State considers appropriate.

(3)

The Secretary of State must publish any delegated supplementary provisions F2on the gov.uk website.

(4)

For the purposes of the exercise of the Secretary of State’s functions under this article, and under delegated supplementary provisions made under paragraph (1), an early years provider must permit any person authorised by the Secretary of State—

(a)

to enter the premises on which the early years provision is provided and, if different, the premises on which the reception baseline assessment is or was carried out;

(b)

to observe the implementation of the assessment arrangements in relation to a reception baseline assessment; and

(c)

to inspect, and take copies of, documents and other articles relating to reception baseline assessments.

4Further provisions about assessment arrangements

(1)

An English local authority must make provision to ensure the accuracy and consistency of the assessments made by early years providers in their area.

(2)

An English local authority must have regard to any guidance given by the F1Secretary of State in exercising their function under paragraph (1).

(3)

An early years provider must permit any person authorised by an English local authority for the purposes of exercising their function under paragraph (1)—

(a)

to enter the premises on which the early years provision is provided; F2and

(b)

to observe the implementation of the assessment arrangements; F3...

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Requirement on Chief Inspector and early years childminder agenciesF5

The Chief Inspector M1 F1and early years childminder agencies must have regard to the F2learning and development requirements F3prescribed in Sections 1 and 2 of the Document and in Annex B to the childminder EYFS and matters in the relevant provisions of the Document in exercising F4... functions under Part 3 of the Act.

6Matters to be considered by the Chief Inspector

F1(1)

Any allegation that an early years provider has—

(a)

failed to meet the learning and development requirements prescribed in F2Sections 1 and 2 of the Document F3, or in Annex B to the childminder EYFS; or

(b)

failed to have regard to the F4matters in F5the relevant provisions of the Document

may be taken into account by the Chief Inspector in the exercise of F6... functions under Part 3 of the Act.

F7(2)

Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act.

6AMatters to be considered by early years childminder agenciesF1

Any allegation that an early years provider has—

(a)

failed to meet the learning and development requirements prescribed in Sections 1 and 2 of the Document F2, or in Annex B to the childminder EYFS; or

(b)

failed to have regard to the matters in F3the relevant provisions of the Document,

may be taken into account by an early years childminder agency in the exercise of functions under Part 3 of the Act.

6BMatters to be considered by early years childminder agencies: effect of temporary closure directionsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6CInvestigation by the Secretary of State and amendment of reception baseline assessment resultsF1 E

(1)

If a matter is brought to the Secretary of State’s attention which, in the Secretary of State’s opinion, relates to the accuracy or correctness of a reception baseline assessment, the Secretary of State must investigate the matter in accordance with any delegated supplementary provisions made under article 3D(1).

(2)

Following an investigation under paragraph (1), the Secretary of State—

(a)

must notify the early years provider concerned of the outcome of the investigation and describe any action taken, or further action to be taken, by the provider or the Secretary of State;

(b)

must provide reasons to the provider concerned for the action taken or to be taken;

(c)

may amend or annul the result of a reception baseline assessment, or any part of a reception baseline assessment, in respect of an individual child or a group of children;

(d)

may continue to monitor the carrying out of reception baseline assessments by the provider.

7Proceedings under Part 3 of the Act

F1(1)

Any allegation that an early years provider has—

(a)

failed to meet the learning and development requirements prescribed in F2Sections 1 and 2 of the Document F3, or in Annex B to the childminder EYFS; or

(b)

failed to have regard to the F4matters in F5the relevant provisions of the Document

may be taken into account in any proceedings under Part 3 of the Act.

F6(2)

Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account in any proceedings under Part 3 of the Act.

8ReviewF1

(1)

The Secretary of State must from time to time—

(a)

carry out a review of the regulatory provision in this Order,

(b)

publish a report setting out the conclusions of the review.

(2)

The first report must be published before 3rd April 2022.

(3)

Subsequent reports must be published at intervals not exceeding 5 years.

(4)

Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this article must, in particular–

(a)

set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a),

(b)

assess the extent to which those objectives are achieved,

(c)

assess whether those objectives remain appropriate, and

(d)

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5)

In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business Enterprise and Employment Act 2015 (see section 32 of that Act).

Signature

Beverley Hughes

Minister of State

Department for Education and Skills

Explanatory note

(This note is not part of the Order)

This Order made under the Childcare Act 2006 (“the Act”) specifies the learning and development requirements in relation to each of the areas of learning and development that early years providers must secure in providing early years provision.

Article 3 specifies the learning and development requirements and gives legal effect to the Statutory Framework for the Early Years Foundation Stage, published by the Secretary of State for Education and Skills. Early years providers are required to have regard to the guidance in the Statutory Framework for the Early Years Foundation Stage in securing that the early years provision they provide meets the learning and development requirements.

Article 4 sets out further provisions about assessment arrangements. Local authorities are required to make provision to ensure the accuracy and consistency of assessments made by early years providers.

Article 5 requires the Chief Inspector to have regard to the requirements and guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage in exercising functions under Part 3 of the Act.

Article 6 enables the Chief Inspector of Education, Children's Services and Skills (“the Chief Inspector”), in exercising her functions under Part 3 of the Act, to take into account allegations that an early years provider has failed to meet the learning and development requirements, or failed to have regard to guidance in Section 2 of the Statutory Framework for the Early Years Foundation Stage. Article 7 allows any such allegation to be taken account in any proceedings under Part 3 of the Act.

The learning and development requirements, together with welfare requirements specified under section 39(1)(b) of the Act, make up the Early Years Foundation Stage. The learning and development requirements will replace the curriculum guidance for the foundation stage which was given legal effect by the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 S.I. 2003/391.

Copies of the Statutory Framework for the Early Years Foundation Stage (ISBN 978-1-84478-921-4) referred to in Article 3, can be obtained from DfES publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DJ (Tel 0845 6022260), email [email protected]. Ref 00012-2007PCK-EN.

A regulatory impact assessment has been prepared for this Order. It is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website http://www.opsi.gov.uk.