Early Years Foundation Stage (EYFS): Regulatory Changes

 Early Years Foundation Stage: January 2024

The Department for Education published its response to the EYFS consultation conducted in the summer and the changes have now been implemented. From January 2024 copies of the revised Statutory Framework documents are now in place.

Ministers have listened to feedback on two key proposals and will not go ahead with changing the proportion of Level 2 staff required within ratios or change the qualifications and ratios outside so-called “peak hours”.

The DfE have also decided to drop the requirement for Level 3 Early Years Educators to have a level 2 maths qualification.

There are now two versions of the EYFS framework: one for childminders and one for group and school-based providers. The aim of this change is to make the EYFS easier to navigate and implement.

In both versions of the framework, the department has modified language, reordered sentences and paragraphs, changed references to provider type where relevant, and removed elements not relevant to the provider type.

From a Safeguarding and Child Protection perspective, changes to the guidance for all providers clarifies:

The EYFS currently states that: “The safeguarding policy and procedures must include an explanation of the action to be taken when there are safeguarding concerns about a child and in the event of an allegation being made against a member of staff and cover the use of mobile phones and cameras in the setting." 

The DfE have added: “other electronic devices with imaging and sharing capabilities" to this requirement, alongside clarifications to aid understanding of the current requirement.

Safeguarding and Child Protection updates for childminders includes:

The EYFS currently states that: “The lead practitioner is responsible for liaison with local statutory children's services agencies, and with the Local Safeguarding Partners (LSP)” 

For clarity, this has been amended to: “In the case of childminders working together, each childminder is responsible for meeting the requirements of their own registration. Childminders must know that they have a shared responsibility when working together for the well-being of all the children present. Therefore, where childminders work together, each childminder also has a responsibility to refer any concerns where another childminder does not continually meet the requirements of their registration” and “Childminders must know how to contact the local statutory children’s services, and the LSP (local safeguarding partners).”

What changes now in place for group and school based providers?

Group and school-based settings must:

• ensure setting managers appointed on or after 4 January 2024 hold a level 2 maths qualification, or they achieve one within 2 years of starting in the position (Section 3, Staff:child ratios)
• ensure your setting’s safeguarding policies and procedures include all electronic devices with imaging and sharing capabilities, not just mobile phones and cameras (Section 3, Safeguarding policies and procedures)
• ensure all level 2 and level 3 staff members hold a valid paediatric first aid (PFA) certificate, otherwise they cannot be included in ratio (Section 3, Paediatric first aid)

Group and school-based settings may wish to consider applying the following flexibilities, if appropriate:

• level 3 practitioners in group and school-based settings will no longer be required to hold a level 2 maths qualification to count within staff:child ratios (Section 3, Staff:child ratios)
• a manager in group and school-based settings can now allow students and apprentices to count in staff:child ratios at the level below their level of study, if the manager is satisfied that they are competent and responsible (Section 3, Staff:child ratios)
• settings may provide opportunities for children to develop and use their home language in play and learning, previously this requirement stated this ‘must’ be done (Section 1, English as an Additional Language)

Group and school-based settings should also be aware that the following updates have been made to the EYFS

• there is a new statutory document on early years qualification requirements and standards
• the language has been changed to clarify that physical evidence does not need to be collected for assessments (Section 2, Assessment)
• a clarification made that while qualifications must be verified, employees do not have to provide physical copies of their qualifications (Section 3, Suitable people)
• a clarification made on the wording on the validity of paediatric first aid (PFA) certificates (Section 3, Paediatric first aid.)

What changes now in place for childminders?

Childminders must:

• be aware that further information has been provided in the framework on safeguarding responsibilities when childminders are working in a group, including a change on child protection language (Section 3, Safeguarding policies and procedures)
• ensure the safeguarding policies and procedures at a setting include all electronic devices with imaging and sharing capabilities, not just mobile phones and cameras (Section 3, Safeguarding policies and procedures). As technology changes, you should consider a wider range of devices in your policies, for example smart watches.

Childminders may wish to consider applying the following flexibilities, if appropriate:

• you will no longer be required to complete training on the EYFS prior to registration, however childminders will still need to demonstrate that they have the required knowledge of the EYFS at their pre-registration visit (Section 3, Safeguarding training)
• where judged appropriate by a childminder, childminding assistants can now fulfil the role of a key person for children (Section 3, Key person)
• childminders with open plan kitchen-living areas can now utilise safely useable areas within this room for their provision (Section 3, Indoor space requirements)
• childminders may provide opportunities for children to develop and use their home language in play and learning, previously this requirement stated this ‘must’ be done (Section 1, English as an Additional Language)

Childminders should also be aware that the following updates have been made to the EYFS:

• the language has been changed to clarify that physical evidence does not need to be collected for assessments (Section 2, Assessment)
• the Early Learning Goals (ELGs) have been moved from the childminder EYFS to an annex, as childminders do not usually need to use these (Annex C, Early Learning Goals)
• the section on assessment in the childminder framework has been significantly amended including removing information on the Reception Baseline Assessment which childminders never undertake (Section 2, Assessment at the end of the EYFS – the Early Years Foundation Stage Profile (EYFSP)
• the wording has been changed on ‘suitable person’ to clarify that it is the responsibility of the childminder agency (CMA) or Ofsted to carry out suitability checks on behalf of the childminder (Section 3, Suitable people)
• the wording has been changed on ‘confidential areas’ so rather than having a permanent area available, a suitable area is made available on request (Section 3, Organising premises for confidentiality and safeguarding)
• the requirement for childminders to display a paediatric first aid (PFA) certificate has been removed, instead these are available on request (Section 3, Paediatric first aid)
• a physical copy of the certificate of registration is no longer required to be displayed, a digital version can be used instead (Section 3, Information about the childminder)

Changes that will be introduced at a later date

• Introduction of an experience based route to working in ratios (for group and school-based providers only)
• Clarification that practitioners can only operate in Level 6 staff child ratios if they hold Qualified Teacher Status (QTS), Early Years Teacher Status (EYTS) or Early Years Professional Status (EYPS) (for group and school-based providers only)

Changes that will not be taken forward

• Change in qualification requirements outside of peak hours
• Reduction in the percentage of Level 2 qualified staff required per ratio from 'at least half' to 30% or 40% of all other staff

For further information see below

https://www.gov.uk/government/consultations/early-years-foundation-stage-eyfs-regulatory-changes