1 Statutory framework for the early years foundation stage
Setting the standards for learning, development and care for children from birth to five
Published: 31 March 2021
Effective: 1 September 2021
2 Contents
Summary
3 About this statutory framework
3 Expiry or review date
3 What legislation does this framework refer to?
3 Who is this framework for?
4 Introduction
5 Overarching principles
6 Section 1 – The learning and development requirements
7 The areas of learning and development
7 Educational Programmes
8 Early Learning Goals
11 Learning and Development Considerations
15 Section 2 – Assessment
18 Progress check at age two
18 Assessment at the start of the reception year – the Reception Baseline Assessment (RBA)
19 Assessment at the end of the EYFS – the Early Years Foundation Stage Profile (EYFSP)
19 Information to be provided to the local authority
20 Section 3 – The safeguarding and welfare requirements
21 Introduction
21 Child protection
21 Suitable people
23 Staff qualifications, training, support and skills
26 Key person
27 Staff:child ratios – all providers (including childminders)
28 Health
32 Managing children’s behaviour
34 Safety and suitability of premises, environment and equipment
35 Special educational needs
37 Information and records
38 Other Legal Duties
41 Annex A: Criteria for effective Paediatric First Aid (PFA) training
42 Annex B: Statutory guidance for the Reception Baseline Assessment (RBA)
3 Summary
About this statutory framework
This framework is mandatory for all early years providers in England from 1 September 2021.
Ofsted and inspectorates of independent schools have regard to the Early Years Foundation Stage (EYFS) in carrying out inspections and report on the quality and standards of provision.
Ofsted publishes inspection reports at www.gov.uk/ofsted.
Ofsted may issue actions (in respect of any failure to meet a requirement in the document) and/or may issue a welfare requirements notice (in respect of Section 3).
It is an offence for a provider to fail to comply with a welfare requirements notice.
Early years childminder agencies are also under a duty to have regard to the EYFS in the exercise of their functions.
The learning and development requirements in sections 1 and 2 of this framework, and the safeguarding and welfare requirements in section 3 of this framework, are indicated by the use of the word “must”.
Additionally, early years providers must "have regard" to other provisions in these sections.
These provisions are indicated by the use of the word “should”.
Having regard to these provisions means that early years providers must take them into account when providing early years provision and should not depart from them unless there is good reason for doing so.
Expiry or review date
This framework remains in force until further notice.
What legislation does this framework refer to?
• The learning and development requirements are given legal force by an Order made under section 39(1)(a) of the Childcare Act 2006
• The safeguarding and welfare requirements are given legal force by Regulations made under section 39(1)(b) of the Childcare Act 2006
Section 46 of the Childcare Act 2006 enables the Secretary of State to confer exemptions from the learning and development requirements in certain prescribed circumstances.
The Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (S.I. 2007/1772), as amended.
The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (S.I. 2012/938), as amended.
Who is this framework for?
This framework is for all early years providers in England (from 1 September 2021): maintained schools; non-maintained schools; independent schools (including free schools and academies); all providers on the Early Years Register; and all providers registered with an early years childminder agency (CMA).
The Childcare (Exemptions from Registration) Order 2008 (S.I.2008/979) specifies the circumstances in which providers are not required to register.
Introduction
Every child deserves the best possible start in life and the support that enables them to fulfil their potential.
Children develop quickly in the early years and a child’s experiences between birth and age five have a major impact on their future life chances.
A secure, safe and happy childhood is important in its own right.
Good parenting and high quality early learning together provide the foundation children need to make the most of their abilities and talents as they grow up.
The Early Years Foundation Stage (EYFS) sets the standards that all early years providers must meet to ensure that children learn and develop well and are kept healthy and safe.
It promotes teaching and learning to ensure children’s ‘school readiness’ and gives children the broad range of knowledge and skills that provide the right foundation for good future progress through school and life.
The EYFS seeks to provide:
• quality and consistency in all early years settings, so that every child makes good progress and no child gets left behind
• a secure foundation through planning for the learning and development of each individual child, and assessing and reviewing what they have learned regularly
• partnership working between practitioners and with parents and/or carers
• equality of opportunity and anti-discriminatory practice, ensuring that every child is included and supported
The EYFS specifies requirements for learning and development and for safeguarding children and promoting their welfare.
The learning and development requirements cover:
• the areas of learning and development which must shape activities and experiences (educational programmes) for children in all early years settings
• the early learning goals that providers must help children work towards (the knowledge, skills and understanding children should have at the end of the academic year in which they turn five)
• assessment arrangements for measuring progress (and requirements for reporting to parents and/or carers)
The safeguarding and welfare requirements cover the steps that providers must take to keep children safe and promote their welfare.
