Early Education and Childcare Statutory Guidance Update

The Early education and childcare - GOV.UK statutory guidance sets out the legal duties of English local authorities under the Childcare Act 2006 and the Childcare Act 2016, particularly around securing free early education and childcare and supporting parents and providers.

Key Updates at a Glance

Ofsted Inspection and Quality References

Updated references to inspection outcomes in the guidance recognise the Ofsted framework changes (for example, no single overall effectiveness grade) and clarify how these apply to free entitlement delivery. Providers should read Section A3 for details on acceptable judgements.

Flexibility and Delivery Clarity

The updated guidance reinforces flexibility expectations — helping parents take up their full hours in patterns that suit them and helping providers plan capacity. Providers should refer to Section A2 (Flexibility) for guidance on:

• Maximum session lengths (no session over 10 hours)
• Delivery over weekends or term breaks
• Stretching entitlements across more weeks of the year
• Sharing delivery across multiple sites or providers

Charging Practices and Compliance

The guidance emphasises that:

• Funded entitlement hours must be delivered free of mandatory charges
• Providers may only charge for optional extras such as meals, consumables or activities, and these charges must be voluntary
• Costs and patterns of entitlement hours must be published and easy for parents to find

Providers should refer to Section A1, Charging, (A1.32 - A1.40). The recent update has clarified the wording on charging and compliance, and emphasises provider responsibilities in applying these charging rules. 

What Providers Need to Do Now

• Review your charging policies to ensure all optional extras are clearly itemised and genuinely voluntary.
• Update your websites and communications to show clear patterns of entitlement hours and any optional fee information as required.