POLICY
We take a look at the key policy changes set to impact early years providers over the coming year
New transparency requirements for the delivery of the early entitlement offers come into effect.
Under the revised Early education and childcare statutory guidance, the costs of chargeable extras “should” (meaning it is expected unless there is a good reason not to) be published on provider websites or on local authority Family Information Services by January, though local authorities can exempt childminders and providers caring for 10 or fewer children at any one time if they choose to.
Invoices and receipts should also be itemised and broken down separately into the early entitlement hours; additional private paid hours; food charges; non-food consumables charges and activities charges.
The Department for Education’s School White Paper, which will set out the government’s proposed reforms to the SEND system, is due to be published. The White Paper is expected to be underpinned by the following five core principles: that SEND provision should be early, local, fair, effective and shared (i.e. education, health and care services working in partnership with each other).
Under new statutory requirements, local authorities must confirm frontline early years funding rates by 28 February (this was in effect as a recommendation, rather than a requirement, last year).
■ Funding and finances: New early years funding rates come into effect as do changes to the minimum and living wages.
■ Employment rights: A number of changes to employment rights also come into effect, including the strengthening of collective redundancy rights, the removal of the lower earning limit and removal of the waiting period for statutory sick pay, the strengthening of protections for whistleblowers and the creation of the Fair Work Agency.
■ Ofsted: All new early years providers will be expected to be inspected by Ofsted within 18 months of opening (down from the current 30 months), with Ofsted routines inspections moving to a four-year cycle (compared to the current six-year cycle).
The government will consult on changes to how early years funding is allocated and distributed “to ensure funding is matched to need and promotes workforce stability and quality provision”.
As of 1 October 2026, local authorities must ensure that early years providers (including childminders) are paid monthly for funded entitlements if they so request, under a new condition of the Dedicated Schools Grant (DSG).
Floor space requirements: Following a consultation in July last year, 2026 will see the government publish the results of its consultation into floor space requirements. The consultation explored whether or not ‘free-flow’ outdoor areas could be included in in EYFS space requirements for early years settings, with or without a cap.
Professional register: The Department for Education will work with the sector to co-design and introduce a new professional register “to put early years workers on a more professional footing and create clear paths for career progression, to drive up standards and professionalism among the workforce”.
Early years inquiry report: The Education Committee is due to publish its report into the early years sector looking at issues around the sustainability of the workforce, families’ access to services and the quality of outcomes for young children. The scope of the inquiry was recently extended to include a review into how safeguarding can be strengthened in early years settings.