The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2025

These regulations amend the 2012 Early Years Foundation Stage (Welfare Requirements) Regulations to update the date referenced in regulation 3 to February 10, 2025.

This change is in response to a revised Qualifications Document outlining updated training and qualification requirements for early years providers.

The update facilitates the introduction of an experience-based route for early years practitioners to gain Level 3 status, impacting staff:child ratios.

The changes affect early years providers in England and Wales and are backed by the Childcare Act 2006.

Arguments For

  • Improved Early Years Workforce: The amendment updates qualifications and training requirements, potentially leading to a better-qualified and more experienced early years workforce.

  • Alignment with Updated Qualifications Document: The regulation aligns the legal framework with the revised 'Early years qualification requirements and standards' document, ensuring consistency in policy and practice.

  • Experience-Based Route for Practitioners: The changes pave the way for an experience-based route for early years practitioners to achieve Level 3 status, increasing access to professional development.

  • Statutory Basis: The regulations are made under the powers conferred by sections of the Childcare Act 2006, providing a clear legal basis for the changes.

Arguments Against

  • Administrative Burden on Providers: Updating staff qualifications and training may impose additional administrative burdens on early years providers.

  • Cost Implications for Providers: Meeting the new requirements might lead to increased costs for providers, potentially affecting affordability and accessibility of childcare.

  • Potential for Unintended Consequences: Changes to qualification requirements could have unforeseen effects on the early years workforce, such as reduced numbers or changes in employment patterns.

  • Limited Scope: The amendment only addresses qualification requirements and doesn't encompass other potential areas for improvement within the early years sector.

STATUTORY INSTRUMENTS 2025 No. 132 CHILDREN AND YOUNG PERSONS, ENGLAND The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2025 Made - - - - 6th February 2025 Laid before Parliament 10th February 2025 Coming into force - - 3rd March 2025 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 39 (b), 43, 44 and 104 of the Childcare Act 2006. In accordance with section 43 of the Childcare Act 2006, the Secretary of State has consulted His Majesty's Chief Inspector of Education, Children's Services and Skills and other appropriate persons.

Citation, commencement and extent 1. 1. These Regulations- 2. (a) may be cited as the Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2025, 3. (b) come into force on 3rd March 2025, and 4. (c) extend to England and Wales.

Amendment of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 5. 2. In the Early Years Foundation Stage (Welfare Requirements) Regulations 2012, in regulation 3, for '8th December 2023' substitute '10th February 2025'.

6th February 2025 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Stephen Morgan Parliamentary Under-Secretary of State (Minister for Early Education) Department for Education Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Early Years Foundation Stage (Welfare Requirements) Regulations 2012 (S.I. 2012/938) (the '2012 Regulations'). Regulation 2 amends regulation 3 of the 2012 Regulations to give effect to a revised 'Qualifications Document', which is the document entitled 'Early years qualification requirements and standards' dated 10th February 2025 and published by the Secretary of State on the gov.uk website. The Qualifications Document specifies qualifications and training requirements to be met by early years providers (other than early years childminders) required by section 40 of the Childcare Act 2006 (c. 21) to comply with the Early Years Foundation Stage statutory framework. The changes made to the Qualifications Document are the first part of the introduction of the experience-based route for early years practitioners to gain status to work at level 3 within staff:child ratios, which are set out in the Early Years Foundation Stage statutory framework for group and school-based providers. These documents are available on the gov.uk website at these links: https://www.gov.uk/government/ publications/early-years-foundation-stage-framework--2 and https://www.gov.uk/government/ publications/early-years-qualification-requirements-and-standards. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available on the legislation.gov.uk website. Hard copies of these documents can be viewed at the Department for Education, Sanctuary Buildings, 20 Great Smith Street, London SW1P 3BT.