School run and School site Options

Voluntary Aided/Voluntary Controlled/Community/Foundation schools are exempt from registering early years and childcare provisions for two, three, four, year olds if:

• The provision is run by the school, e.g., staff are on school payroll.
• And, at least one child is a pupil of the school.

What is the difference between pupils and non-pupils for early years children? A young child becomes a pupil of the school when their name is on the register of pupils. If a school is operating early years provision under Section 27 community powers, even if the child is within the school’s published age range, they do not become a pupil just because they are receiving early education at the school.

Registering school-based provision with Ofsted [Size: 252KB File format: pdf]

Governors Section 27 Community Powers option

Section 27 community powers (Education Act 2002) – these powers allow schools to provide any charitable purpose (such as early education) for the benefit of families of pupils at the school, or families who live or work in the locality of the school. The children attending this provision are not usually registered as pupils.

• The school governing body takes the responsibility to run the provision through Section 27 community powers
• Practice will be overseen by a QTS but the provision will be led by a minimum level 3 Leader, a 1:8 ratio will be in operation with EYFS qualification requirements in place. Refer to the EYFS Statutory Framework for specific staffing qualifications and ratios There is no entitlement to FSM or right of admission to the school
• Separate Admissions policy
• The school-age range will be four to eleven with no Nursery Class Get Information about Schools
• PVI funding rate for two, three, four, year olds. (15 hours universal/30 hours extended where relevant) Funding will be claimed through the Provider Portal
• EY provision will be inspected as part of the school's inspection
• Separate cost code for managing and monitoring income and expenditure/budgeting
• EY provision can be run on-site or off-site.

Foundation Unit

Combines reception and preschool children and follows the EYFS Statutory framework guidance about ratios and curriculum 

When a school chooses to mix the reception class with groups of younger children, they must determine the ratios within mixed groups, guided by all relevant ratio requirements and by the needs of the individual children in the group. In exercising this discretion the school must comply with statutory requirements relating to the education of children of compulsory school age and infant class sizes.

3.39 Statutory Framework for the Early Years Foundation Stage 2017

• Schools may need to apply to lower their PAN to accept preschool-age children. (The Published Admission Number (PAN) for every year group into which pupils can be admitted. The PAN is the maximum number of pupils that the admission authority will admit to each year group)
• Separate Admissions policy
• The school may need to consult to lower its age range. Making significant changes (‘prescribed alterations’) to maintained schools [Size: 807KB File format: pdf]
• PVI funding rates for two, three, and four years old. Funding claimed through Provider Portal (15 hours universal/30 hours extended where relevant).
• Get Information about Schools

Third-party Registered Provider

• The school lets appropriate space/premises to a third-party registered provider (voluntary or private).
• May have to follow a tender process.
• Third-party manages own finances, staffing, curriculum, admissions, etc.
• PVI is funded through the provider portal.
• The staff is employed by a third-party provider.
• This provider will have to register the premises with Ofsted under their RP URN.
• The lease/Licence agreement would be agreed upon by LA in discussion with the school
• There should be written terms of an agreement between the third party and the school to agree on protocols, procedures, policies, and safeguarding.
• Separate Ofsted inspection.

Academies

Registering school-based provision with Ofsted [Size: 252KB File format: pdf]

The Department for Education has provided a range of models for academies wishing to run childcare. The requirements in terms of registration with Ofsted are set out below.

• The academy directly runs early years or childcare provision for two, three, and four-year-olds on its own site. Exempt from registration for children from two to four years old
• The academy directly runs early years or childcare provision on a site other than the academy (for example, at another academy).
  The provision will be covered by the exemption from registration as long as the academy has overall control of the childcare, in terms of management, staffing, and so on. Inspected as part of the school's inspection.
• Academy will need to refer to the guidance 'Academies: making significant changes or closure by agreement' as to age range change.
• The academy arranges for a third-party provider to run early years or childcare provisions from the academy site. Separate Ofsted registration with separate Inspection.
• A lease/licence agreement for the use of space would be agreed upon with the Academy/Cambridgeshire County Council.
• The academy sets up a subsidiary company to run the early years or childcare provision.

The registration requirements depend on the nature of the relationship between the subsidiary company and the academy.

If the subsidiary company is completely owned and controlled by the academy, the academy is effectively managing the childcare and will be exempt from registration if the exemption rules set out above apply

However, if the subsidiary company is independent of the academy or at arm’s length and the academy does not exercise a high level of control over it, then it is likely that the subsidiary company will need to register the childcare separately. In considering whether or not the exemption from registration applies, we use the following questions to decide on the extent of control the academy has over the subsidiary and whether or not it is exempt from registration.

• Which people will make up the organisation that is to provide the childcare?
• Who will have the main/lead responsibility about childcare?
• Who will recruit and pay the staff who will work in the childcare provision?
• Who will make the decisions about how the childcare is run, for example in terms of its opening hours, the age group it covers, and how much parents pay?
• Who will determine the educational programme that the childcare will offer, and who will make the decisions about how the childcare will meet the welfare and learning and development requirements of the Early Years Foundation Stage?
• Who will the manager of the childcare setting report to?
• Who will account for the income and expenditure that is associated with the childcare provision?

All schools offering early years provision should have a charging policy. Details about what can be charged for are contained in the DFE operational guidance: A third-party provider will have their own charging policy

Early years entitlements: operational guidance [Size: 1,585KB File format: pdf]

Wraparound-and-holiday-childcare-draft-departmental-advice-for-schools.pdf

Options that schools may want to consider include:

1. Approaching registered childcare providers (third party) to deliver a service either on or off-site (this might include private, voluntary, independent childcare providers and childminders) If a school does this, it should follow its agreed policies for contracting or letting space. Wraparound care will be inspected separately by the school.
2. Delivering the wraparound or holiday care directly, using existing staff, or employing additional staff directly. Wraparound care will be inspected as part of the school.
3. Approaching other schools to gauge wider local demand and consider how these needs can be met. This may include one of the schools ‘hosting’ the childcare. Wraparound care will be inspected as part of the ‘host’ school if directly run by the ‘host’ school or separately if run by a third-party provider (as above).

Wraparound care providers have to implement the Early Years Foundation Stage if caring for children of five years or younger, i.e. children in the reception year.

In arriving at a decision about how to deliver wraparound and holiday care schools should consider the following:

• Practicalities, e.g. providers’ access to the school site, security, cleaning
• Finance and sustainability, e.g. charges to parents, rental rates, purchase of materials and equipment, the cost of wear and tear, the time needed to build demand and break even, and likely changes in demand over time
• Expectations and accountability, e.g. service level agreements, contract management, evaluating provision
• Legal responsibilities, e.g. Ofsted registration, staffing, health and safety, reasonable adjustments to allow disabled children to take part, governance, insurance
• Provider track record, e.g. providing a suitable quality and age-appropriate experience for the child and awareness of inclusion, help with fees for the most disadvantaged families
• Analysis of demand, e.g. marketing and advertising costs
• Safeguarding, e.g. having clear policies and procedures to safeguard children.

Section 27 Community powers

Third-Party provider (Ltd. Company, Charity, Sole Trader)

Foundation Unit

Wraparound: School run

Wraparound: Third Party