Delivery of Free Early Education and Care - for two, three and four year olds - A Guide for Private, Voluntary and Independent Providers
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Delivery of Free Early
Education and Care
for two, three and four year olds
A Guide for Private, Voluntary
and Independent Providers
March 2015Contents
Page
1. Introduction 4
2. The Kirklees List of Approved Early Education and Care
Providers 5
- Quality of provision 5
- Joining the Kirklees list of Approved Providers for two, three and
four year olds 6
- The Council’s responsibilities for maintaining the list of approved
Providers 6
- When Providers change their circumstances 6
- Removal from the Kirklees list of Approved Providers 7
- Re-inclusion of Providers removed from the Kirklees list of
Approved Providers 8
- Decisions 8
- Appeals 8
3. Conditions of Funding 9
4. Children’s Eligibility 11
- The free entitlement 11
- When are Children eligible? 11
- When can the free entitlement be accessed? 11
- Early Years Pupil Premium 12
- Two year old entitlement 13
5. Procedures for Claiming Funding 15
- The Provider Portal 15
- The annual Early Years Census 15
- Estimate [interim] payments 15
- Starting new Children 16
- Headcount Day 17
- Children moving during the term 17
- Duplicate claims 18
- Very exceptional circumstances 18
- Application process for funding where very exceptional circumstances
apply 18
1- Claims for Children who do not have a place at any other provision 19
- Deadline for claims and applications after Headcount Day 19
- Stretching the entitlement 19
- Stretching: Closure dates and validation 21
- Stretching: Changes to attendance days or Children starting later in
term 22
- Limitations of stretching 22
- Supporting parents to understand stretch 22
- Stretching: Moving to another Provider or School 23
- Parent Agreement 24
- Completing the Parent Agreement 25
- Completing the Parent Agreement for Children stretching 26
- Changing the Parent Agreement 26
- Ending the Parent Agreement 27
- Submitting the termly funding claim [Headcount] 27
- Updating the termly funding claim [Headcount] 27
- Termly funding confirmation form 28
- Changes to the termly funding claim [Headcount] 29
- Late or non submissions 29
- Neighbouring Local Authority arrangements 29
- Children with special educational needs [SEN] and disabilities 29
6. Funding and Invoicing 31
- Estimated annual budget statement 31
- How funding is calculated 31
- Funding rates 32
- Reconciliation of funding 33
- Invoicing 33
7. Administrative Requirements 35
- Attendance monitoring 35
- Non-attendance 35
- Reduced attendance 35
- Evidence of monitoring attendance 36
- Extended holidays 36
- Illness 36
- Unforeseen closures 36
- Action to be taken by the Provider 37
- Planned closures 37
- Data Protection Act 1998: Privacy notice 37
- Obtaining the Privacy Notice 38
2- Issuing the Privacy Notice 38
- Audit 38
Appendices
A. Estimated annual budget statement
B. Parent Agreement
C. Ethnicity and special educational needs codes
D. Termly checklist
E. The Kirklees Agreement
F. Register requirements
G. Eligibility chart
H. Calendar (key dates; Headcount, deadlines, payments, term dates)
I. Governance structure for free early education and care funding
Documents are available to download at: www.kirklees.gov.uk/childcareproviders
3Section 1
Introduction
The Childcare Act of 2006 (the “2006 Act”) placed a number of new duties on Local Authorities
and made the term ‘Childcare’ inclusive of education for Children under compulsory School age.
Section 7 of the 2006 Act requires Local Authorities (LAs) to secure sufficient free Early Years
provision for eligible two, three and four year olds.
On 8 September 2014 the Early Education and Childcare: Statutory guidance for Local Authorities
(“Statutory Guidance”) came into force.
The terms and conditions outlined in this Guide and the Kirklees Agreement are reviewed
annually in consultation with the Free Early Education and Care Working Group. Details of the
group’s membership and governance are shown in appendix I.
Two year old entitlement
The two year old entitlement to 15 hours became statutory on 1 September 2013. From 1
September 2014 the criteria extended to 40% of the two year old population nationally. In
Kirklees there are estimated to be 2,800 eligible two year olds which is nearly 50% of the Kirklees
two year old population.
Learning Service Officers have been working with high quality early learning and Childcare
Providers including some Schools who are registered with Ofsted for two year olds, to ensure
there are sufficient places for all eligible Children.
Requirements and guidance which only relates to the two year old entitlement is highlighted in
blue throughout the document.
Academies
This Guide shall apply to an Academy under the Academies Act 2010, if pupil data is not provided
to the Council’s School Data Quality Team in accordance with the FEEC Maintained Guide
[Section 5, paragraph 43].
Throughout this document references to Providers also apply to Academies; all references
relating to Academies only, are highlighted in red. [Note: Section 3 of this Guide does not apply to
Academies; Section 3 of the FEEC Maintained Guide applies instead].
4Section 2
The Kirklees List of Approved Early Education and
Care Providers
The free entitlement is delivered by Providers in the private, voluntary and independent sectors
as well as Providers maintained by the Local Authority. Private and voluntary Providers must be
registered with Ofsted; Academies, Free Schools, Independent and LA maintained Schools must
be registered with the Department for Education (DfE) and all Providers must be registered with
Kirklees Council to be included in the Kirklees list of Approved Providers.
Private, voluntary and independent Providers include:
Private Day Nurseries nursery units of Free Schools
Playgroups and Pre-Schools nursery units of Academies
nursery units of Independent Schools Childminders
Local authority Providers include:
nursery and early years units within a Day Nurseries
maintained School
maintained Nursery Schools
Note for Childminders: Early Years provision is defined in section 20 of the 2006 Act as the
provision of Childcare. “Childcare”, as defined in section 18 of the 2006 Act, specifically excludes
care provided for a Child by a parent, step-parent, foster parent (or other relative) or by a person
who fosters the Child privately or has parental responsibility for the Child.
Early Years provision by a Childminder (either independently registered with Ofsted or registered
with a Childminder agency) by the Childminder (for a related Child) does not count as Childcare
in legal terms. Early education funding cannot be claimed by, or spent on, Childminders providing
Childcare for their own Child or a related Child, even if they are claiming for other Children.
Quality of provision
From 1 September 2013 Local Authorities are required to fund early education and Childcare
provision purely on the basis of their Ofsted Judgement. Therefore Ofsted Judgements will be
used to determine eligibility for Free Early Education and Care Funding as shown in the table
overleaf:
5Two year olds Providers judged good and outstanding by Ofsted.
Where there are not sufficient places requires improvement
Providers will be considered.
Three and four year Providers judged requires improvement, good and
olds outstanding by Ofsted.
Over time, the government have indicated that they would like to move towards funding only good
and outstanding Providers for Free Early Education and Care.
Joining the Kirklees list of Approved Providers for two, three and four
year olds
1. Once a Provider has registered with Ofsted they may join the Kirklees list of Approved
Providers for two, three and four year olds.
2. Providers must agree to the terms and conditions outlined in this Guide and the
Kirklees Agreement.
The Council’s responsibilities for maintaining the Kirklees list of
Approved Providers
3. In maintaining the Kirklees list of Approved Providers, the Council will;
provide details of Providers offering free early education and care places to
parents,
provide support and guidance to ensure Providers meet their responsibilities of the
conditions outlined in this Guide and the Kirklees Agreement,
provide support and guidance to Providers on delivering a more flexible free
entitlement,
keep Providers updated on changes to legislation, guidance, procedures and
processes.
When Providers change their circumstances
4. Providers must inform the Council whenever there is a change in circumstances, these
include:
a change of ownership, committee, manager or premises,
change to the name or address of the contact responsible for free early education
and care funding administration,
change of bank details.
65. If a change means the Provider has become a new Provider they will need to re-
register with Ofsted and the Council.
6. If a change means the Provider is no longer eligible to receive funding, the Provider will
be removed from the Kirklees list of Approved Providers. Any funding already paid
during the term may have to be repaid if evidence confirms the Provider was not
eligible during that period.
Removal from the Kirklees list of Approved Providers
7. The Council will, subject to paragraph 8, remove Providers from the Kirklees list of
Approved Providers if a Provider fails to meet the terms and conditions outlined in this
Guide and the Kirklees Agreement.
8. The Council will first inform a Provider of any breach of their agreement capable of
remedy, allowing the Provider to rectify the breach within a specified timescale.
9. If the Provider does not rectify the breach or breaches within a reasonable period
stipulated in writing by the Council the Provider will be given 10 Provider Working Days1
written notice of removal from the Kirklees list of Approved Provider and thereafter
free early education and care funding to the Provider will cease.
10. Providers who receive an Inadequate Ofsted judgement are at risk of being removed
from the Kirklees list of Approved Provider for two, three and four year olds with
immediate effect. Consequently free early education and care funding will cease where
Children leave the provision as a result of the Inadequate judgement and funding for
new Children will not be provided.
11. Providers who receive a Requires Improvement Ofsted judgement are at risk of being
removed from the Kirklees list of Approved Providers for two year olds with immediate
effect, consequently free early education and care funding for new two year old
Children will not be provided unless the Council considers there to be a sufficiency
need in the area.
12. The Council reserves the right to inform parents accessing their free early education
and care at the Provider of the removal from the Kirklees list(s) of Approved Providers.
13. The Council reserves the right to adjust or withhold any payments due to the Provider
following an Inadequate Ofsted judgement. If an overpayment occurs the Council will
issue an invoice.
1
Provider Working Days is defined in the Kirklees Agreement and the Parent Agreement, and essentially means the
days when the Provider is usually open for business.
7Re-inclusion of Providers removed from the list
14. Any Provider which has been removed from the list may be re-admitted if the grounds
for removal are no longer applicable. It is the Provider’s responsibility to contact the
Council to request re-inclusion with the exception of paragraph 15 below.
15. Where the removal was due to a Requires Improvement Ofsted judgement which has
since improved to a Good or Outstanding Ofsted judgement the Council will
automatically re-admit the Provider onto the Kirklees list of Approved Providers for two
year olds.
Decisions
16. Decisions regarding removal from the Kirklees list of Approved Providers will be
considered by the Early Learning and Childcare Management Group. [Refer to the
Governance Structure for Free Early Education and Care Funding – Appendix I].
Appeals
17. Any Provider who has been given notice to remove them from the Kirklees list of
Approved Providers may appeal within 5 Provider Working Days by writing to:
Assistant Director for Learning and Skills, Directorate for Children and Adults, Civic
Centre 1, High Street, Huddersfield, HD1 2NF.
18. The appeal hearing will be convened to examine all the evidence in the appeal papers
supplied by the Council and the Provider. The Provider will be invited to attend if they
wish to do so and will be informed of the decision in writing within 5 Provider Working
Days of the appeal hearing.
19. In the event the Provider is not satisfied with their treatment under this appeals
procedure they are entitled to make a complaint to the Local Authority Ombudsman.
20. There can be no appeal if the removal is due to a change in Ofsted judgement.
8Section 3
Conditions of Funding
[Note: this Section does not apply to Academies; Section 3 of the FEEC Maintained Guide applies
instead]. Providers must meet all the conditions, in order to be included in the Kirklees List of
Approved Providers. These are set out below. Providers must;
1. have a valid Ofsted registration certificate;
2. meet the requirements of the Early Years Foundation Stage (EYFS) Framework;
3. ensure continuous quality improvement of their provision in line with the Challenge
and Support Strategy;
4. meet the needs of disabled Children and Children with special educational needs in
accordance with the Children and Families Act 2014;
5. meet the independent School standard in relation to the spiritual, moral, social and
cultural development of pupils;
6. actively promote fundamental British values of democracy, the rule of law, individual
liberty and mutual respect and tolerance of those with different faiths and beliefs;
7. not promote as fact views or theories which are contrary to established scientific or
historical evidence and explanations;
8. complete and submit all free early education and care funding claims and data
collection returns to the Council within the specified timescales, using the on-line
Provider Portal;
9. inform the Council of any significant changes to the Provider details, such as change of
ownership, responsible contacts, opening hours and any other relevant information;
10. complete and submit the annual Early Years Census to the Council in accordance with
the requirements set by the DfE2;
11. keep all free early education and care funding records for seven financial years3 [the
current year and six previous years] with the exception of copies of identification which
must be kept for a minimum of two years;
12. inform the Council of any permanent change to a funded Child’s attendance and
submit a ‘Notification of a Child Leaving a Funded Place form’ if a Child leaves during a
funded period.
2
Local Authorities receive funding for two, three and four year olds based on the number of Children included on
the Early Years and School Census returns. Failure to submit the return by the deadline will result in reduced
funding to the Council.
3
Financial year: April to March. Records include; attendance registers, Parent Agreements, copies of ID, copies
of parents invoices.
913. inform the Council of any permanent change to a funded Child’s details e.g. a change
of address or legal name;
14. upon request, provide financial information that shows income and expenditure for the
most recent accounting period4;
15. supply to the Council evidence of the Provider’s current, and any change in, legal
status by providing copies of the organisation’s governing documents or if individuals
or partners, provide the current full names and addresses of each individual or partner
together with all business names used;
16. not claim for a Child who is already accessing their entitlement at two other Providers;
17. not encourage the movement of Children between Providers mid-term [to support
stability for Children];
18. offer sessions to meet the needs of parents;
19. provide clear information to identify which of the hours attended have been provided
free;
20. ensure each eligible Child receives their entitlement free from the date they are
eligible and there must be no conditions of access. Therefore Providers must not;
a. charge top up fees in respect of the free entitlement,
b. charge registration, deposit or uniform fees to parents who are only accessing their
free entitlement,
c. charge for meals or snacks during the free entitlement period unless agreed with
the parent in advance, Providers can then make reasonable charges for
meals/snack. Parents must be given the option of providing a packed lunch if this
would be more affordable,
d. charge for the free place and reimburse the parent at a later date.
4
Data Protection Act: any information you provide will be held in confidence by the Council to check financial
prudence and support sustainability of provision.
10Section 4
Children’s Eligibility
The free entitlement
1. Every Child is entitled to 570 hours each year to be taken over no fewer than 38 weeks
from the relevant date following their third birthday until they reach compulsory School
age [the beginning of the term following their fifth birthday].
[Statutory Guidance paragraph A1.1].
When are Children eligible?
2. Children are eligible from the start of the term following their third birthday as per the
table below:
[Statutory Guidance paragraph A1.1].
If the Child’s 3rd birthday falls
Their free place can begin from:
between:
1 January and the start of the term beginning on or following
1st April after the Child’s 3rd birthday [summer
31 March term]
1 April and the start of the term beginning on or following
1st September after the Child’s 3rd birthday
31 August [autumn term]
1 September and the start of the term beginning on or following
1st January after the Child’s 3rd birthday
31 December [spring term]
When can the free entitlement be accessed?
3. Providers are encouraged to offer flexible packages of free early education, subject to the
following standards on flexibility:
no session longer than 10 hours;
no session shorter than 2½ hours;
not before 7am and after 7pm;
[Statutory Guidance paragraph A2.2].
114. Providers are expected to offer the following models to parents as a minimum;
3 hours a day over 5 days of the week;
5 hours a day over 3 days of the week.
[Statutory Guidance paragraph A2.3].
5. There is no requirement for all early education places to be delivered only over 38 weeks
of the year or in line with maintained School term dates.
[Statutory Guidance paragraph A2.4].
6. Providers are encouraged to offer greater flexible packages to enable parents to take up
patterns of hours which ‘stretch’ their Child’s entitlement by taking fewer free hours a
week over more weeks of the year.
[Statutory Guidance paragraph A2.5].
Early Years Pupil Premium
7. From April 2015, all early education and care Providers will be able to claim extra funding
through the Early Years Pupil Premium to support Children’s development, learning and
care.
8. The Early Years Pupil Premium provides extra funding for three and four year old Children
whose parents are in receipt of certain benefits or who have been in care or adopted from
care.
9. Children who meet the following criterion are eligible:
Looked After by the Local Authority
They have left care through Special Guardianship or Child Arrangements
Order or Adoption
10. Families who receive one or more of the following benefits are also eligible:
Income Support
Income based Job Seekers Allowance
Income related Employment and Support Allowance
Support under part VI of the Immigration and Asylum Act 1999
The guarantee element of State Pension Credit
Child Tax Credit provided not they are not eligible to Working Tax Credit and
their annual household income is less than £16,191 [as assessed by HM
Revenue & Customs]
Working Tax Credit 4 week run-on
12Two Year Old Entitlement
When are two year old Children eligible?
11. Children are eligible from the start of the term following their second birthday as per the
table below:
If the Child’s 2nd birthday falls
Their free place can begin from:
between:
the start of the term beginning on or following
1 January and 31 March 1st April after the Child’s 2nd birthday
[summer term]
the start of the term beginning on or following
1 April and 31 August 1st September after the Child’s 2nd birthday
[autumn term]
the start of the term beginning on or following
1 September and 31 December 1st January after the Child’s 2nd birthday [spring
term]
Which two year old Children are eligible?
12. The Council will issue a confirmation letter and voucher to parents/guardians and/or lead
professionals of eligible Children. Some parents do not wish it to be known why they are
eligible for a place hence the following codes are used on the letter / voucher:
Code Criteria Description
IB Income Benefit(s)
Looked After Children, Child Protection Plan, Child in Need, Special
SN1 Guardianship or Child Arrangements Order or Adoption
SN2 Education, Health and Care plan or Disability Living Allowance
13. The criterion highlighted in bold text overleaf are statutory criterion, the criterion marked
with an asterisk [*] are local criterion.
1314. Children who meet the following criterion are eligible:
Looked After by the Local Authority
They have left care through Special Guardianship or Child Arrangements
Order or Adoption
They have a Child Protection Plan*
They have a Child in Need Plan*
They have an Education, Health and Care plan
They attract Disability Living Allowance
15. Families with a two year old who receive one or more of the following benefits are also
eligible:
Income Support
Income based Job Seekers Allowance
Income related Employment and Support Allowance
Support under part VI of the Immigration and Asylum Act 1999
The guarantee element of State Pension Credit
Child Tax Credit and/or Working Tax Credit, provided their annual
household income is less than £16,191 [as assessed by HM Revenue &
Customs]
16. There will be links to Universal Credit in the future when the system is established.
14Section 5
Procedures for Claiming Funding
The Provider Portal
1. All claims for funding should be submitted via the Provider Portal
https://earlyyears.kirklees.gov.uk/ProviderPortal
2. The Provider Portal Guide is available to download from the website5.
The annual Early Years Census
3. All Providers included in the Kirklees list of Approved Providers must complete an
Early Years Census return with the exception of Academies6 and those Providers who
have no funded Children at the time of the Census.
4. The annual Census date is the third Thursday in January. The Census information
must relate to the number of staff and Children registered at each Provider during
the week of the Census.
5. The deadline for submitting the Census is the same date as the three and four year
old claim deadline, [refer to Appendix H: Free Early Education and Care Funding
Calendar: Claim Deadlines and Payments].
6. Census information is collected online via the Provider Portal. There are two levels of
data collection;
i. Establishment data - details about the Provider are collected on the ‘Forms’
tab.
ii. Child data - details about individually funded two, three and four year olds
are collected on the ‘Funding’ tab.
7. Detailed guidance on completing the Census return is issued to Providers at the
beginning of January.
8. Note: The information provided on the Census is used to determine the Council’s
Early Years funding, therefore it is vital the information is received. Failure to submit
a Census will affect a Providers funding.
Estimate [interim] payments
9. Estimate payments are based on the number of estimated weekly hours submitted
on-line via the Provider Portal.
5
www.kirklees.gov.uk/childcareproviders
6
Academies submit their School Census [including nursery Children] directly to the DfE
1510. An estimate claim should include the total number of weekly funded hours for all the
funded Children expected to be attending in the following term. For example, 10
Children each attending for 15 hours a week; the estimate would be 150 hours.
11. If Providers do not expect to have any funded Children they should submit an
estimate claim with zero (0) entered in the weekly funded hours.
12. The number of funded weeks can be amended if required, for example a Provider
may offer less than 38 weeks in the year or may be closed for a particular week.
13. Note: If the number of weeks in the School term is less than the number of funded
weeks Providers should not amend the weeks unless paragraph 12 above applies.
[Also see Section 6, paragraph 8].
14. Before including a new two year old on the estimate claim Providers should ensure
that the Child is eligible. If a parent/guardian cannot provide the confirmation
voucher, Providers should contact the Childcare Sufficiency Team7 to confirm the
Child is eligible.
15. For any Children that are stretching, include the maximum entitlement of 15 hours a
week in your estimate.
16. There are two optional deadline dates for receiving an estimate payment; the
deadlines for estimate claims are highlighted on the ‘Free Early Education and Care
Funding Calendar: Claim Deadlines and Payments’ [refer to Appendix H].
17. Providers who prefer not to receive an estimate payment should e-mail:
feecteam@kirklees.gov.uk
Starting new Children (staggered intakes)
18. All Children are entitled to receive 38 weeks of free early education and care and full
funding is provided for this purpose. Some parents will want their Children to start at
the beginning of term in line with their entitlement. Providers may wish to stagger
new intakes for practical reasons to meet the specific needs of new Children.
Providers should be prepared to listen to the needs of parents and balance the
interests of all parties. Generally it is recommended that staggered intakes do not
exceed two weeks with the exception of number 19 below. [Note: the Council
reserves the right to adjust funding where Providers act unreasonably].
19. The transitional arrangements for Children with additional needs may need to
continue beyond this period and the Council will consider the best use of funding in
these circumstances.
7
Childcare Sufficiency Team E-mail: feecteam@kirklees.gov.uk Telephone: 01484 222039 or 225752
16Headcount Day
20. The Department for Education [DfE] requires all Schools to submit a Census return
each term, the same Census dates are also be used as the Headcount to determine
free early education and care funding for all Providers. The Census dates are as
follows:
Term Headcount/Census Day
Summer The third Thursday in May
Autumn The first Thursday in October
Spring The third Thursday in January
21. Subject to paragraph 23, Providers will be funded on a termly basis for all eligible
Children who are registered at their provision on the Headcount Day for the number
of funded hours the Children are accessing at that time, provided a Parent
Agreement is in place. New Children starting after the Headcount Day will be funded
for the remaining number of weeks in the term.
22. Subject to paragraph 23, two year old Children will be funded from the start of term
even if this is prior to their application date provided they start their place on or
before the Headcount Day. New two year Children starting after the Headcount Day
will be funded for the remaining number of weeks in the term.
Children moving during the term
23. Where Children move from one Provider to another, before or after the Headcount
Day, the first Provider will be funded for the period of attendance plus the required
notice period of 20 Provider Working Days8 provided a Parent Agreement is in place.
The second/new Provider will be funded for the remaining number of weeks in the
term and cannot therefore be funded during the notice period unless there are very
exceptional circumstances.
24. Providers should not impose unreasonable conditions and financial penalties on
parents in parental contracts which would create a barrier to their Child accessing
free early education and care.
25. Providers are required to notify the Childcare Sufficiency Team as soon as
reasonably possible if a Child leaves their provision during a funded period by
completing the ‘Notification of Child Leaving a Funded Place Form’ on the Provider
Portal.
8
Provider Working Days is defined in the Kirklees Agreement and the Parent Agreement, and essentially means the
days when the Provider is usually open for business.
17Duplicate claims
26. If a claim is received from two Providers in respect of the same Child and the actual
attendance exceeds 15 hours, provided a Parent Agreement is in place with both
Providers, funding will be pro-rated. [If the Child has only been attending one of the
Providers or there is only a Parent Agreement in place at one Provider; that Provider
will receive 100% funding; the other Provider will not be funded].
Very exceptional circumstances
27. Parents must give their Provider, 20 Provider Working Days notice, if they wish to end
their place and move to another Provider, however in very exceptional circumstances
the Council will fund a transfer with immediate effect. Such circumstances may
include;
Safeguarding concerns – based on recommendations from a Kirklees Council
social care professional.
Significant change of address – where the distance from a new home to the
current early education Provider is greater than at least 1 mile than the
distance from the old home to same Provider.
Multiple and significant changes placing a family in very challenging
circumstances – as assessed by a Kirklees Council officer.
Where current Free Early Education and Care arrangements prevent a parent
accepting a job offer – only where there are no practical options for linking
Childcare as assessed by a Kirklees Council officer.
Childs additional needs significantly not met – as assessed by a Kirklees
Council officer.
Application process for funding where very exceptional circumstances
apply
28. To apply for funding with immediate effect, Providers will need to submit an
‘Application to Transfer a FEEC Place Form’ via the on-line Provider Portal. The
Council will consider the application and notify the potential Provider within 5
Provider Working Days.
29. If approved, funding will be given from the date of the application or the date the
Child starts, up until the end of the funded period [term]; the Child’s place will
therefore be double funded for a maximum of 20 days [the required notice period].
1830. If the application is rejected, it is at the Provider’s discretion whether or not to
provide a free place during the required notice period of 20 Provider Working Days.
31. Providers may choose to transfer funding to one another; this would be arranged
between the Providers involved although the Childcare Sufficiency Team should be
notified.
Claims for Children who do not have a place at any other provision [after
Headcount]
32. Providers can continue to submit Children via the Headcount on the Provider Portal
up until the final [actual] payment for the term has been processed [one week before
the final payment date].
33. Providers will need to complete the ‘Notes’ tab on the Child record, stating they have
no place at any other provision, and amend the ‘term start date’ to the date the Child
is expected to start and the weeks attended in term to the actual number of weeks to
be accessed. Refer to the ‘Funded Weeks’ document available to download from the
website.
34. To apply after the final [actual] payment for the term has been processed [one week
before the final payment date] Providers will need to submit a ‘Child Starting after
Headcount Form’ via the Provider Portal.
35. Note: if checks show the Child has been funded at another provision in the term,
funding will not be given unless there are very exceptional circumstances [refer to
paragraph 27].
36. Funding for new Children starting after the Headcount may be offset against funding
for any Children who have left the Provider for the remaining number of weeks in the
funded period.
Deadline for claims and applications after Headcount Day
37. The deadline for ‘Application to Transfer a FEEC Place Forms’ and ‘Child Starting
after Headcount Forms’ is 10 Provider Working Days before the end of the funded
period [term], Children must have started by this date. Refer to Appendix H – ‘Free
Early Education and Care Funding Calendar: Claim Deadlines and Payments’.
Stretching the entitlement
38. Some parents may wish to stretch their Child’s entitlement over the School holidays
by taking fewer hours each week over more weeks of the year.
1939. The Council’s Early Years budget can provide a maximum of 570 hours within the
financial year [April to March] for each eligible Child; Children cannot receive more
than their entitlement.
40. Stretching offers flexibility so that Children can benefit from attending an early
education provision all year round without the need for parents to purchase
additional Childcare. For parents who do pay for additional Childcare, Providers can
offer flexible annual invoicing options to spread the cost evenly throughout the year.
The option of annual invoicing is simpler for parents, Providers and the Council.
Therefore in general stretching the free entitlement will mainly be of benefit to
Children who attend just for their free entitlement.
41. There may be exceptions to paragraph 40. For example: A Child attends one full day
all year round which the parent pays for, the Child also attends two days each week
for 15 hours in total for 38 weeks, the Child could reduce to 11 hours each week and
access two shorter days for 51 weeks so that the attendance is consistent all year
round. The additional Childcare invoice will not be affected.
42. The table below illustrates examples of how the entitlement can be stretched.
Weeks Maximum Weeks Maximum
hours hours
39 14.50 47 12.00
40 14.25 48 11.75
41 13.75 49 11.50
42 13.50 50 11.25
43 13.25 51 11.00
44 13.00 52 10.75
45 12.50 53 10.75
46 12.25 54 10.50
43. Providers have discretion in how they offer a stretched entitlement, the table at
paragraph 42 illustrates some stretched models; Providers can choose the period
they wish to stretch as well as the length of the sessions to be included in the
stretched offer.
44. A stretched entitlement can only be accessed at one Provider.
45. Providers will need to submit the days they are closed [and the days they do not offer
stretch] in each funding period [term] via the Provider Portal; this includes public
holidays, staff training days and any other closures.
46. The number of the stretched free hours attended each day will also need to be
entered on the Child’s record on the Headcount instead of the weekly free hours.
47. Providers will receive funding based on the number of funded hours in the period for
a Child who is stretching taking into account the Child’s pattern of attendance and
the closure days.
2048. The Child’s attendance pattern and the Provider’s closure dates may affect whether
the Child receives their full entitlement throughout the year.
49. Parents will need to understand that the option of greater flexibility may result in not
being able to access their Child’s full entitlement. It is vital that Providers explain
this to parents interested in stretching.
50. The School holidays at the end of each term will be included in the number of weeks
for that term. In some years the number of weeks that it will be possible to stretch
over will be less than 52 and in some years the number of weeks will be greater than
52.
The table below illustrates the number of weeks in the financial year 2015/16.
Term Period Weeks Hours
Summer 15 20 April – 30 August 19 209
Autumn 15 31 August – 03 January 18 198
Spring 16 04 January - 10 April 14 154
Total 51 561
51. Providers must ensure parents fully understand how stretching works; the
‘Stretched Ready-Reckoner’ will support Providers with this and is available to
download9.
52. The table below shows some examples of stretched models.
51 weeks (11 hours) 47 weeks (12 hours)
2 x 5.5 hour sessions 2 x 6 hour sessions
2 x 4 hour + 1 x 3 hour sessions 3 x 4 hour or 4 x 3 hour sessions
1 x 6 hour + 1 x 5 hour sessions 1 x 9 hour + 1 x 3 hour sessions
Stretching: Closure dates and validation
53. Providers will need to add and submit their closure dates on the Provider Portal for
each term (summer, autumn and spring) in the financial year [April to March/April],
guidance on how to do this is included in the Provider Portal Guide.
54. If Providers offer less weeks to Children stretching than they are open for, the dates
not offered will also need to be submitted as closure dates.
55. On the Provider Portal when viewing Actuals for a term, above the table of Child
records, an ‘expandable’ section explains how the weekly validation value is
calculated.
56. In some years some Children may be able to attend every week in the year depending
on their attendance pattern, which could take the hours over 570.
9
www.kirklees.gov.uk/childcareproviders
2157. Although the system will prevent exceeding 570 hours this means the claim will have
to be adjusted in the spring term by reducing the hours each week. The ‘Stretched
Ready-Reckoner’ will help to calculate the entitlement in these situations. This issue
will only arise when a Child starts stretching from the summer term.
58. Providers will receive funding based on the number of funded hours in the period for
a Child who is stretching, taking into account the Child’s pattern of attendance and
the Provider’s closure days.
Stretching: Changes to attendance days or Children starting later in
term
59. If a Child changes their attendance days during the term the claim does not need to
be amended until the following term unless there is a significant difference between
the hours claimed and the actual hours which will be accessed.
60. Providers should contact the Childcare Sufficiency Team for advice when a Child
changes their days.
61. If a Child starts after the Headcount and wishes to stretch, Providers should amend
the Child’s Term Start Date on the Provider Portal to the actual date they started;
funding will be calculated accordingly.
62. Changes in circumstances for Children who have begun stretching their entitlement
will be inevitable; Providers should contact the FEEC Team for advice on how to
claim in the current and future terms.
Limitations of stretching
63. Children may not be able to access their full entitlement (570 hours); the hours they
can access will depend on their attendance pattern and the Provider’s availability.
For example, if a Child just attends on a Monday for 10 hours, the maximum in a 52
week year would be 520 hours, but in reality the hours will be even less due to public
holidays.
64. The minimum and maximum session lengths still apply when the entitlement is
stretched. The minimum session length is 2½ hours and the maximum session
length is 10 hours.
Supporting parents to understand stretch
65. Providers must ensure parents fully understand how stretching works; the
‘Stretched Ready-Reckoner’ will support Providers with this.
2266. Providers should use the ‘Stretched Ready-Reckoner’ to calculate and validate the
Child’s entitlement. The attendance schedule should be completed and given to the
parent to sign.
67. Providers should also ensure that the information sheet for parents; ‘Stretching the
free entitlement - Information for Parents’ is given to the parent and that the
Checklist is completed and signed by the parent and Provider, a copy should be given
to the parent and kept by the Provider.
68. Parents should be informed that the option of greater flexibility may result in not
being able to access their Child’s full entitlement.
69. Important note: If a stretched claim exceeds the maximum entitlement of 570 hours
within the financial year and the Provider cannot evidence that stretch has been fully
explained to the parent then the amount of the over claim will be deducted from the
Provider. Evidence requested would include a copy each of the signed stretched
documents; the Parent Agreement [stretching version], checklist and ready reckoner.
Stretching: Moving to another Provider or School
70. The Parent Agreement can be ended with 20 Provider Working Days notice and the
remaining balance of the entitlement can be used at another Provider.
71. However many Providers and Schools are not able to offer stretch therefore an
adjustment may be necessary.
72. If parents are aware that their Child will be moving to a non-stretched Provider,
School nursery or School reception class in the following autumn or spring term the
stretched hours should be limited to the maximum amount for the term(s).
73. For example, if a Child who is stretching in the summer term moves to a School
nursery in the autumn term the stretch hours in summer would need limiting to 180
hours. The number of hours to limit each week would depend on the number of
weeks in the summer period, for example; 180 ÷ 20 weeks = 9 hours per week or 180
÷ 18 weeks = 10 hours per week.
74. If the parent states their Child will be stretching for the whole year and then changes
their mind and chooses to move their Child to a Provider who does not offer stretch
or less than 15 hours, firstly they should notify the Provider so the claim can be
adjusted before the end of the summer.
75. If the parent fails to inform the Provider of the move, the parent will have to refund
the Council for the additional hours [e.g. hours exceeding 180] that their Child has
received in the summer.
It is vital that Providers explain this to parents interested in stretching.
76. For example, a Child could receive an additional 29 hours in summer 2015, the cost
to the parent will be £121.51 based on the basic hourly rate of £4.19 for a three/four
year old (a deprivation supplement may also apply) or £140.65 for a two year old. The
cost would be higher in a year where there are more weeks in the summer.
2377. The table below illustrates the difference between the termly hours for a standard
claim and a stretched claim.
Stretched (up to 11 Standard (up to
2015/16 hours per week) 15 hours per Difference
week) in hours
Term Dates Weeks Hours Weeks Hours
Summer
20 April – 30 August 19 209 12 180 +29
2015
Autumn
31 August – 03 January 18 198 14 210 -12
2015
Spring
04 January - 10 April 14 154 12 180 -26
2016
Total
51 561 38 570 -9
78. If the parent moves to a non-stretching Provider who offers flexible sessions there
will be no need to reduce the weekly hours allowed in the summer term or for the
Council to invoice the parent for the additional hours, this is because the weekly
hours to be claimed in the autumn or spring terms can be less than 15.
Parent Agreement
79. A Parent Agreement must be completed and signed for all eligible Children before
commencement of the free place.
80. It is recommended that a copy of the Parent Agreement, key facts statement and
leaflet is given to the parent in good time and where possible before their Child is
eligible for a free place.
81. The Parent Agreement will be in force for the duration stated on the Parent
Agreement; this could be between one and nine terms unless the Child is stretching
their entitlement in which case the maximum would be three terms.
82. If a parent wishes to cancel the Parent Agreement and change their Provider they
can do so by giving written notice to their current Provider of at least 20 Provider
Working Days. A Provider may at its discretion, accept a shorter notice period or no
notice period at all.
83. The Parent Agreement must be completed by either the parent or the Child’s legal
guardian [except where parents need support in completing the agreement e.g.
where English is the second language].
84. The Provider must request that the parent brings a form of identification such as the
Child’s birth certificate, medical card or passport to verify the Child’s full legal name
and date of birth [this process could be incorporated into the Provider’s registration
24process for new Children; a copy must be kept for a minimum of 2 years - refer to
Section 3, Conditions of Funding].
85. A copy of the Parent Agreement must be kept by the Provider, this is an audit
requirement to substantiate the number of free entitlement hours the parent has
requested and to support the information submitted via the Provider Portal. Copies
will be checked during an audit visit.
86. A copy should also be given to the parent.
87. It is the responsibility of each Provider to explain to parents how many free hours
their Child is entitled to and how their entitlement can be accessed.
88. Important note: It is the Provider’s responsibility to ensure that each parent has
completed and signed a Parent Agreement and that the Child’s details are entered
correctly via the Provider Portal.
Completing the Parent Agreement
89. Prior to completion, Providers should check with the parent whether the Child is
attending another early education and care Provider and accessing some free
entitlement hours there also. [Please note: the maximum number of Providers that
Children can access the full entitlement across is two unless the Child is stretching].
90. The parent should first read the terms and conditions of the Parent Agreement and
then enter the following at the top of the agreement;
the full name of the Provider
their full name
the period of the Parent Agreement [i.e. the date the place will commence and is
intended to end].
The number of funding periods [terms] the Parent Agreement will be in force
[maximum is nine terms].
The parent must sign and date the Parent Agreement and enter their full name at the
bottom of page one.
91. Providers may pre-populate certain sections of the Parent Agreement which will be
common to most Children i.e. their Provider’s name.
92. The parent must complete all the details relating to their Child [section 1]. A copy of
the Ethnicity and Special Educational Needs [SEN] codes should be shown to the
parent to assist completing the relevant information.
93. The parent must complete their Child’s attendance details for the whole period of the
Parent Agreement [section 2]. Where a Child attends two Providers the attendance
details must be completed for both Providers, the following details must be entered
for each Provider [if there is only one Provider the parent should enter ‘none’ for the
second Provider name];
25 the name of the Provider[s],
the total number of hours their Child will attend each day and the total each
week,
the number of free early education and care hours their Child will access each
day and the total each week,
the number of additional Childcare hours their Child will access each day and
the total each week.
94. The authorised signatory of the Provider must enter the reference number from the
Child’s identification document and sign and date the Parent Agreement and enter
their full name at the bottom of page one.
95. A copy of the signed Parent Agreement must be given to the parent. In addition, as
part of the Parent Agreement, Providers are required to notify parents in writing and
in advance, of the days when they will not be open for business during the length of
the Parent Agreement [with the exception of weekends, Good Friday, Christmas Day,
bank holidays and any designated public holidays]. This could be done in a number of
ways, for example via email or posted on a website or notice board or included in an
induction pack.
Completing the Parent Agreement for Children stretching
96. The period of the Parent Agreement must be within the financial year [April to
March/April]. If the Child will be attending and stretching their entitlement in the
following financial year, a second Parent Agreement will need completing.
97. Using the ready reckoner, calculate how many hours the Child will receive each term
and enter the total number of hours onto the Parent Agreement, please note this
could be less than the maximum hours that are possible for that term.
98. The parent should complete section 4 instead of section 2. In addition to the details
stated in paragraph 93, the number of weeks the entitlement will be stretched over in
each term should be entered in the relevant boxes.
99. If the parent wishes to end their Parent Agreement they are required to provide 20
Provider Working Days written notice. The remaining balance of their entitlement
can be used at another Provider.
Changing the Parent Agreement
100. If the parent needs to change the number of free hours after the first School term,
the parent must complete, sign and date the Amended Attendance Details section
[section 3], as applicable, before the start of the relevant term ensuring the term and
year are completed [i.e. Summer 2015]. If more than one change occurs during the
period of the Parent Agreement another Parent Agreement will need completing.
26The authorised signatory of the Provider must also sign and date the relevant
amended section. Changes should be made to the original Parent Agreement kept by
the Provider; a copy of the amended Parent Agreement should be given to the parent.
101. If a Provider makes significant changes to sessions outside of the required notice
period of 20 Provider Working Days for example; changing from afternoon sessions
to morning sessions, then parents have the choice to find alternative provision with
immediate effect and funding will be adjusted.
102. If the Child is stretching a new Parent Agreement will need completing.
Ending the Parent Agreement
103. If either party [the parent or the Provider] wishes to end the Parent Agreement they
will need to give at least 20 Provider Working Days written notice. Funding will be
provided up to the end of the notice period.
104. If the parent does not give the required notice and decides to move to another
Provider with immediate effect, funding will be given to the first Provider for the 20
day notice period.
105. If the Provider ends the Parent Agreement in less than 20 Provider Working Days for
reasons outside the terms of the Kirklees Agreement or the Parent Agreement,
funding will be adjusted.
106. Funding will be adjusted where Providers act unreasonably. Examples; a) ending a
non-funded sibling’s place outside the required notice period for the funded sibling,
b) not following professional advice in relation to Children with additional needs.
Submitting the termly funding claim [Headcount]
107. Providers should use copies of the Parent Agreements and birth certificates to enter
and update Headcount information via the Provider Portal. For detailed instructions
refer to the ‘Provider Portal for Free Early Education and Care Funding Guide’.
108. Note there are separate Headcount submissions [actual claims] for two year olds and
for three and four year olds.
Updating the termly funding claim [Headcount]
109. Your termly Headcount will show all the Children from your previous termly
Headcount who are still eligible for a free place according to their date of birth.
110. Deleting Children - Children who have left your provision will need deleting from your
Headcount. If you delete a Child by mistake you can select ‘cancel delete’.
27111. Check and edit existing Children - view each Child individually, firstly to check their
core details10 are correct, and secondly to check and edit their attendance details as
necessary, i.e. weeks, funded hours and non-funded hours.
112. Important: If any of the Child’s core details have changed, for example they have
moved house or their legal name has changed through adoption or their name or
date of birth has been entered incorrectly, Providers must update the Child’s details
and add a note on the ‘notes’ tab.
113. Important: Add new Children – enter all the core details and attendance information
from the Parent Agreement. Care must be taken when adding core details; the Child
records entered via the Provider Portal are imported into the Council’s integrated
pupil database and are available to every team within the Learning Service. Therefore
their details must be accurate, and spelt correctly using the full legal name as
witnessed from the form of Identification.
114. Claims can be submitted from the start of term up until the Friday after the
Headcount Day. Information can be entered on several separate occasions during
this period.
115. Two year old claims can be submitted from the start of term up until the deadline,
which is 2 weeks after the three and four year old claim deadline.
116. Providers can still claim funding if Children who do not have a funded place at any
other provision wish to start after the deadlines for two year old or three and four
year old claims, [refer to paragraphs 32-36].
117. All relevant dates are highlighted on the ‘Free Early Education and Care Funding
Calendar: Claim Deadlines and Payments’ [refer to Appendix H].
Termly funding confirmation form
118. Once you have completed your submission you must send confirmation that your
claim is complete by completing the online form ‘Termly Funding Confirmation Form’
[Note there are separate forms for two year olds and for three and four year olds].
You must include the following information;
term
total number of Children
total number of termly hours (Children x hours x weeks)
number of weeks provided
119. If you are a Provider offering stretch and some Children are stretching their
entitlement, enter the number of weeks provided as normal i.e. 12 or 14. To calculate
the number of termly hours for the Children who are stretching use the total number
10
Children’s core details: full legal name, date of birth, gender, address, ethnicity, SEN COP stage.
28of hours for the relevant term which is shown on the ready reckoner, then add the
number of termly hours for all the non-stretching Children.
Changes to the termly funding claim [Headcount]
120. Errors - If you have omitted a Child or made an error, changes may be accepted after
the deadline provided the Child was registered at Headcount Day.
Late or non submissions
121. Late submissions will not be accepted after the deadline; the estimate [interim]
payment will be recouped unless there are exceptional circumstances. Providers
must still provide the Children their free entitlement.
Neighbouring Local Authority arrangements
122. If a Child who is resident in Kirklees attends a Provider located in another Local
Authority [LA], the other LA will fund the place. Similarly, if a Child who lives out of
the Kirklees area attends a Provider located in Kirklees, the Council will fund the
place.
123. Note: Paragraph 122 above will only apply to two year olds who meet the statutory
eligibility criteria [refer to page 14].
124. Lists of out of area Children are sent to each LA each term in order to check that
Children are not being funded for more than their free entitlement. If checks show
that more than 15 hours have been claimed funding will be recouped from the LA
where the Child does not reside.
Children with special educational needs [SEN] and disabilities
125. Children with special educational needs who have been advised by a professional to
attend less than 15 hours may still be funded for 15 hours.
126. Children with special educational needs who attend less than 15 hours due to
parental choice can only be funded for the hours they attend.
127. To apply for additional funded hours, Providers will need to send the following
information to the Childcare Sufficiency Team in accordance with the needs of the
Child:
Report from the Early Years SEN or outside agency i.e. health visitor, speech
therapist.
Details of how the Child’s progress is being monitored in relation to the SEN
Code of Practice 2014, by adopting a graduated approach, action assess, plan,
do, review or does he/she have an education, health and care plan?
29 Evidence of how the additional funding will be used to support the Child’s
individual needs, for example;
o cover for staff training
o cover for meeting with parents and/or external agencies
o review meetings
o purchase of resources
o additional adult support from within the Provider
Include date of meeting or training, cost of cover, invoice or receipt for resources etc.
128. If a Child with special educational needs attends two Providers the remaining
number of unattended hours should be negotiated so as to ensure that the needs of
the Child and family are most effectively met. It is our expectation that in this
instance, practitioners from both Providers will work together, share information and
where necessary will plan collaboratively, to meet the Child and family’s needs.
129. However, if agreement cannot be reached the remaining funding will be paid equally
to each Provider [assuming the above criterion is met by both Providers].
30Section 6
Funding and Invoicing
Estimated annual budget statement
1. An estimated annual budget statement will be sent to all Providers during March
each year. Providers funded for two year olds will receive two statements.
2. The statement is divided into two sections;
I. funded Children in the previous financial year
II. estimated funding for the forthcoming financial year
3. Children are counted as FTEs [full time equivalents] 1 FTE = 25 hours, the maximum
number of hours a part time Child in early education and care is entitled to is 15.
Therefore a Child attending 15 hours = 0.6 FTE, a Child attending 12½ hours = 0.5
FTE.
4. Section 1 includes the following information for each term in the previous financial
year;
actual termly hours
actual weeks provided
actual average weekly hours [termly hours divided by weeks]
number of weekly full-time equivalent [FTE] Children. This is calculated by
dividing the maximum number of hours for a particular term [i.e. 15 hours x 12
weeks = 180 hours] into the actual termly hours claimed.
5. Section 2 includes the following information for each term in the forthcoming
financial year;
estimated basic funding i.e. FTE x termly funded hours per place x £rate
estimated deprivation funding based on the previous financial year
total estimated funding.
How funding is calculated
6. The rates of funding are subject to change on an annual basis. The current rate will
be shown on the estimated annual budget statement and on the Provider Portal.
7. The funding will be calculated on a termly basis as shown in the table overleaf unless
a Child is stretching their entitlement.
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