Ratios consultation response: the key points

The Department for Education (DfE) said “the vast majority” of respondents, including providers, parents and early years organisations, were strongly opposed to the proposed plans. Many expressed concerns about what impact these changes would have on the quality of provision, staff wellbeing, pre-existing recruitment and retention challenges and the development and safety of children attending their settings.

In the government’s response, where they confirmed that that they will proceed with the changes, they said providers will be able to put tighter ratios in-place if they wish and noted it will give providers flexibility to “utilise staff in a more efficient and effective way”. Setting managers will ultimately have the choice to work to their preferred ratio – as long as this meets statutory minimum requirements.
In addition, the consultation also explored the possibility of relaxing ratios in group-based settings further at a later stage, asking for views on relaxing ratios of children aged between three-and-four from 1:8 to 1:10 if they are attending the setting for less than four hours a day. However, this did not form part of the formal consultation.

Overall, the majority of respondents were opposed to the changes and a small proportion said it would offer greater flexibility, but most of those did so with caveats to mitigate against potential safety concerns.

The government also confirmed it will amend the EYFS wording to allow childminders to make exceptions to the usual ratios when caring for their own children and for sibling groups.

This is despite the majority of respondents being opposed to both changes, stating concerns around child wellbeing and development, educator workloads and the quality of provision. Of those in favour, the largest group of which were childminders, most said it would give providers greater flexibility and would help to support families by providing more spaces for their children.

The government confirmed that wording in the EYFS would be changed to make it explicit that “adequate supervision” while children are eating means that they must always be within sight and hearing of a member of staff – not just within sight or hearing. This is due to come into effect from September 2023.

Most respondents were in favour of these changes, although some raised concerns that staffing challenges and the layout of individual settings could make this difficult to implement in practice.

In its response to the consultation, the DfE commented: “As a baby or young child who is choking can be completely silent, it is essential that children under five are within sight and hearing of staff members while eating so that immediate action can be taken if necessary to ensure their safety.”

The consultation acknowledged that there were “strong concerns” around the impact of increased staff:child ratios on children with additional needs and/or SEND. Most respondents said that these groups need additional support, which will be more difficult if staff are caring for a greater number of children. Respondents worried that this could make some providers reticent to enroll these children, especially considering the absence of additional funding for children with unidentified SEND.

While not a protected characteristic, some respondents also raised concerns about the impact of these changes on adopted or fostered children too. Concerns around the impact on affordability of childcare were also raised, with some respondents worried that more affluent parents would be able to afford higher quality care with lower ratios more easily than disadvantaged parents who might only be able to afford care and education offered at the higher staff:child ratio.

The government said that it is committed to giving children from all backgrounds access to quality early education and highlighted its new funding offer for younger children and increased support for families receiving Universal Credit.