Citation and commencement

1. 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.

Interpretation

2. In this Order—

“ the Act ” means the Childcare Act 2006;

“ the Document ” means in the case of—

“reception baseline assessment” has the meaning given in Annex B to the Document;

“ the relevant provisions of the Document ” means the provisions in Sections 1 and 2 of the Document that use the word “should”.

Specification of the learning and development requirements

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

(2) Early years providers to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the matters in Sections 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.

Temporary modification of learning and development requirements in the Document

3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further temporary modification of learning and development requirements in the Document

3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegated supplementary provisions: reception baseline assessments

3D.—(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.

(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.

Further provisions about assessment arrangements

4. —(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 Secretary 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; and

(b) to observe the implementation of the assessment arrangements; ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement on Chief Inspector and early years childminder agencies

5. The Chief Inspector and early years childminder agencies must have regard to the learning and development requirements and matters in the relevant provisions of the Document in exercising ... functions under Part 3 of the Act.

Matters to be considered by the Chief Inspector

6.—(1) 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; or

(b) failed to have regard to the matters in the relevant provisions of the Document

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

(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.

Matters to be considered by early years childminder agencies

6A. 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; or

(b) failed to have regard to the matters in the 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.

Matters to be considered by early years childminder agencies: effect of temporary closure directions

6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation by the Secretary of State and amendment of reception baseline assessment results

6C.—(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.

Proceedings under Part 3 of the Act

7.—(1) 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; or

(b) failed to have regard to the matters in the relevant provisions of the Document

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

(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.

Review

8.—(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).