early years alliance - Policy

Supporting early years providers through Covid-19 and beyond

caroline.graham — Mon, 04 May 2020 22:17:25 +0000

By Melanie Pilcher

The past few months have gone by in a blur as the sector has responded with its usual grit and determination to the many challenges it has faced.

It feels like the sector has being playing catch-up, reacting to situations that early years providers never would have dreamed of this time last year.

In the early days of the coronavirus, the emphasis was on infection control and good hygiene as practitioners worked tirelessly to keep the virus at bay and children in settings.

When even the best practice was no longer enough to contain the virus, they were faced with the unthinkable scenario of early years settings closing their doors to all but the most vulnerable, and the children of essential workers.

For those settings that have remained open many questions have been raised.

The emphasis on providing ‘care’ has outweighed the core purpose of early years to provide teaching and learning to ‘ensure children’s school readiness’ and give children the broad range of knowledge and skills that give them ‘the right foundation for good future progress through school and life’ (EYFS 2017).

Modifying the EYFS

With this in mind it is clear that even though the EYFS remains mandatory, there are certain elements that are unachievable for some settings which is why emergency legislation came into force on the 24 April that allows for disapplications and modifications to be made to the EYFS that include:

Should (rather than must) use reasonable endeavours to meet the learning and development requirements
temporary changes to paediatric first aid requirements
staff qualifications in order to be counted in ratios
suspending the progress check at 2, for this year only.

The official guidance to the EYFS modifications stipulates that in most cases providers must make ‘reasonable endeavours’ to meet the existing EYFS requirements. Only where this is not possible can the disapplications and modifications be implemented. �� who are already struggling to apply restrictions such as social distancing are faced with the additional challenge of interpreting what reasonable endeavours look like and then modifying their practice accordingly.

Resources to support providers

The �� has developed a pack of free resources to support providers who are staying open.

These are available in the Members' Area.

We are also producing a series of resources that will help managers, practitioners and committee members of settings that are closed, who are beginning to consider what a phased return to re-opening fully may look like.

All the advice and guidance put the child at the centre of the process. How can practitioners create an environment; physically, emotionally and pedagogically that ensures, as far as possible, the health and safety of children and supports their learning and development?

The first pack available now considers how providers (including childminders) will:

review current guidance and the implications for their service
share relevant information with staff teams/colleagues
risk assess and audit situations where despite ‘best endeavours,’ modifications to practice have to be made, specifically paediatric first aid, social distancing and working with reduced ratios

The resource pack contains a presentation that can be used with a team of practitioners and facilitator notes that will promote discussion and raise awareness of the key considerations. The pack also includes templates for risk assessment and an audit tool to support decision making.

In the coming weeks other free resource packs will be made available:

Supporting practitioners, children and families to return to your setting
Preparing your premises and the early years environment
Opening the doors

A pack for childminders will also be made available which summarises the key points and makes specific reference to their circumstances.

�� members can access the free resources pack Maintaining Your Provision And Staying Open from the Members' Area.

Useful links

Early years foundation stage: coronavirus disapplications

EYFS changes in the coronavirus crisis

Actions for early years and childcare providers during the coronavirus outbreak

Policy

Why the DfE's proposed changes to the early learning goals are flawed

caroline.graham — Tue, 10 Dec 2019 16:15:40 +0000

Melanie Pilcher, quality and standards manager at the ��, explains the flaws in the government's EYFS consultation.

The Department for Education (DfE) is currently consulting on proposed changes to the Early Years Foundation Stage (EYFS), with a focus on the proposed new early learning goals (ELGs).

The revised EYFS is due to be rolled out nationwide in September 2021 but the DfE plans to allow schools to adopt the new framework from September 2020 onwards on a voluntary basis.

It sounds like everything is ready to go, but this consultation is in stark contrast to the process used to develop the original EYFS and subsequent revisions.

The last major overhaul of the EYFS took place in 2012, when the learning and development and welfare requirements were reformed, as recommended by 2011’s Tickell Review.

The reforms aimed to radically slim down the EYFS to make it easier to understand, less burdensome and more focused on making sure children start school ready to learn.

At the time, Dame Clare Tickell commented on the reforms: “My terms of reference were clear that I should ensure that my review was evidence-led, building on what works well in the current EYFS and improving those area that are causing problems.”

The Tickell reforms were generally well received by the sector, who were reassured that the changes made were informed by a rigorous process and a strong evidence base.

This is all very different from the current state of play.

A lack of evidence and sector input

Early years experts are now rallying together to defend what the sector values dearly in the current EYFS and to produce evidence, which is sadly lacking in the current proposals to revise the early learning goals.

The stated aims of the revisions are to:

make all 17 ELGs clearer, more specific and easier for teachers to make accurate judgements
focus on strengthening language and vocabulary development to particularly support disadvantaged children
strengthen literacy and numeracy outcomes to ensure all children have a good grasp of these areas of learning in preparation for year 1
ensure the ELGs are based on the latest evidence in childhood development
and ensure they reflect the strongest predictors of future attainment.

Few in the sector would disagree with these aims but there are genuine concerns about whether the proposed ELGs can possibly succeed in achieving either.

Early years experts have found flaws in each of the proposed new goals and this can be directly attributed to a lack of input and feedback from the sector.

Revising the goals is the wrong way around

A prime concern is that the review starts at the wrong end of the process – starting by revising the early learning goals rather than the curriculum.

Surely the curriculum should be the main driving force for assessment, not the other way around?

Starting with the early learning goals was never a logical path to take.

The draft statutory framework reworked the areas of learning and development, combining them with the early learning goals. This turns the goals into bullet-pointed lists that do little to address the worrying trend for tick-box assessment.

Will changes ensure children are assessed properly?

There are further concerns about the independent survey on the early learning goals pilot run by the Education Endowment Foundation in 2018.

The survey found that on the whole, teachers viewed the changes positively. However, there are mixed views on whether children would be better prepared for KS1 as a result of the changes and whether they are actually more or less challenging than the current goals.

Other concerns raised in the survey include teachers’ concerns about the accuracy of assessments using the revised goals, particularly for children with special needs, summer-born children and those who are shy, lack confidence or are not naturally forthcoming.

There have been some further adjustments to the early learning goals that were used in the pilot.

The new version released in October 2019 as part of the consultation ignores the issues raised by the evaluation. The new version includes new aspects added without any justification, particularly in the area of mathematics.

This has led to further concerns, most notably raised by the Early Childhood Mathematics Group, which claims that there is a lack of evidence behind the goals and questions whether the proposals can possibly provide a sound mathematical foundation for children at the end of the EYFS.

Responding together

A coalition of organisations representing the early years sector, including the ��, has been working to increase the level of sector involvement in discussions about the proposed changes. We want to ensure that there is a strong evidence base to explain and underpin any change to the EYFS.

We will continue to work constructively with the DfE to consider whether the proposed goals can meet their aims.

The �� will be submitting a response to the consultation, but it is vital that the wider sector takes this opportunity to have its say too.

Every early years provider will be affected by what happens next.

And, most importantly, every child’s future learning is in our hands now.

A timeline of the latest changes to the EYFS

In 2018 advisory and expert panels were established by the DfE to advise on changes to the early learning goals, with limited input from early years sector representatives.
During 2018-19 a pilot of the draft early learning goals was carried out in 24 schools. Again, this was with limited input from the early years sector demonstrating a lack of understanding that the revised early learning goals would impact the whole sector, not just reception year.
In September 2019 Ofsted launched a new Education Inspection Framework setting out how Ofsted inspects maintained schools, academies, non-association independent schools, further education and skills provision and registered early years settings. The school inspection handbook appears to reflect the trajectory of the early learning goals, introducing a new inspection framework prior to such a radical overhaul of the ELGs being finalised first, suggests a lack of joined up thinking.
Consultation launched in October 2019, which closes on 31 January 2020.

Policy

General Election 2019: The proposals on childcare

rachel.lawler — Fri, 15 Nov 2019 15:45:55 +0000

What are the main political parties promising on childcare?

As the UK readies itself for an election on 12 December, political parties have been attempting to secure the votes of parents with the offer of funded childcare.

But what are the main parties in England offering and how will it affect childcare providers?

Currently, the early years sector is facing a crisis after funding rates were set based on a cost analysis conducted in 2015. This has forced many childcare providers to increase fees for non-funded hours and, in some cases, close.

The current government offers 15 hours of funded care and education to all three- and four-year-olds, as well as 30 hours for some working families and 15 hours for disadvantaged two-year-olds.

The government announced it would increase the funding rates paid to providers in 2020/21 – but only by a total of £66 million. To put this in perspective, there is at least a £662 million gap between the total current funding and what is needed.

Earlier this year, the government released a list of how this will be reflected in the rates paid to local authorities. This is available on our website here.

Here, we have taken a look at the pledges from Labour, the Conservatives and the Liberal Democrats. This page will be updated as more pledges are made and details are provided.

Conservatives

The party has pledged to spend “£250 million a year, for at least three years” as well as a £250 million “capital spending boost” on wraparound childcare. The pledge is believed to refer to after school and holiday care.

The Conservative party has also announced that it plans to increase the National Living Wage to £10.50 by 2024.

The party has promised to increase Ofsted's powers and pledged to increase its budget by an additional £10 million. It said it would run a pilot of inspections all run without notice.

Conservatives’ early years policies at a glance:

£250 million a year, plus a £250 million "capital spending boost" for "wraparound childcare"
£10.50 National Living Wage by 2024
Funding rates: No change

Labour

The Labour Party has promised to extend the 30-hours childcare offer to all children aged between two- and four-years-olds in England.

It has also promised to spend £1 billion reversing cuts to the Sure Start programme and open 1,000 new children’s centres.

The party has also pledged to help the early years sector transition towards a “qualified, graduate-led workforce” and aims to “improve the pay and skills levels of childcare workers”.

Labour has promised to increase the minimum wage for workers aged 16 and over to £10 an hour if they win the election.

Labour has pledged to scrap Ofsted and replace it with "health checks" led by local authorities and more in-depth inspections triggered by complaints or concerns raised at the health checks.

Labour’s early years policies at a glance:

30 hours for all two-, three- and four-year-olds in England
1,000 new Sure Start centres

£10 an hour minimum wage for workers aged 16+
Funding rates: £7.57 an hour for two-year-olds and £5.19 an hour for three- and four-year-olds for universal 30 hours offer.

Liberal Democrats

The Liberal Democrats have promised to give working parents of children aged nine months and above 35 hours a week of funded childcare.

Under the proposed plans, all children aged two- to four-year-olds would also be given 35 hours of funded childcare for 48 weeks of the year, with the funding for children aged nine months and older given to working families.

The party has also pledged to increase early years funding rates.

The Liberal Democrats plan to replace Ofsted with a new system, looking at a "broader range of factors" including the wellbeing of staff and children.

Liberal Democrats’ early years policies at a glance:

35 hours a week of funded care for 48 weeks a year for all two-, three- and four-year-olds in England
35 hours a week of care for children from nine months old in working families
20% increase in minimum wage for workers on zero-hour contracts
Funding rates: £7.86 an hour for children aged between nine and 23 months old for 35 hours offer (for working families), £7.21 an hour for two-year-olds and £5.32 an hour for three and four-year-olds for the universal 35 hours offer.

Ask your next MP to ensure any childcare offers are properly funded.

Click here to write to your prospective parliamentary candidates now - it takes just two minutes!

This page will be updated as more pledges are made and details are provided.

Policy

Gill Jones: Ofsted’s new inspections – what did we learn from the pilots?

caroline.graham — Thu, 26 Sep 2019 11:33:03 +0000

By Gill Jones, Ofsted Early Education Deputy Director

@GillJonesOfsted

We are several weeks into the education inspection framework and you should, by now, be seeing the first new-style inspection reports.

I hope you agree with us that they are shorter, clearer and more to the point than before. That's for the benefit of parents as well as those of you who have devoted your lives to working in the early years.

Our new framework represents an evolution rather than a revolution in our approach to inspecting the early years.

The Early Years Foundation Stage (EYFS) remains unchanged and we continue to inspect in line with its principles. Over time, I do hope that our new framework makes a positive difference to the way you go about your work by, for example, giving you more of a chance to actually talk about what you do when you go on the learning walk with one of my colleagues. Inspectors will want to find out how you decide what you do for your children.

The new framework is the most evidence-based in Ofsted’s history.

We received thousands of responses when we consulted on it at the beginning of this year and we took on board what you had to say. That is why we agreed that the quality of education judgement would not work for after-school clubs, because they do not have to meet the learning and development requirements.

Between the launch of this consultation and the framework taking effect, we carried out more than 100 pilot visits to different types of early years settings.

Less of a focus on written documentation

So, what did we learn from them?

Nearly all of our inspectors found the learning walk to be an effective way of gathering evidence about how providers organise their early years provisions, in particular about their intent for the EYFS curriculum.

And most of our inspectors on the pilots found that they were able to gather enough evidence about assessment without having to focus on written documentation. I hope that means you feel less obliged to create reams of paperwork, and that, in turn, will allow you to spend more time with young children and less time using Excel.

Don't over think cultural capital

I know that there has been some discussion over the term ‘cultural capital’, which occupies a few paragraphs in our new handbook. But, as the ��’s Michael Freeston has helpfully made clear, ‘there is no need to over-think cultural capital – it is the exciting and stimulating activities that you do with children every day’.

For example, on one pilot inspection, our inspector visited a nursery that was in a densely populated area. There was not much outdoor space in which to play, and many of the young children didn't have gardens at home. So, the staff at this nursery created a herb garden and children took it in turns to look after it. The key here was context: the nursery staff saw a gap in the children’s lives and they helped to fill it in.

So, cultural capital is simply about introducing young children to experiences that they may not get at home. And that can mean something quite different from one place to another.

We have produced this short film to explain what cultural capital means for EIF and early years.

Don't spend too much time and resource on preparing for our visit.

By all means have a look at our handbook.

But, if you’re time-poor like me, watch our short films on Ofsted’s YouTube channel or read articles such as this one.

If you have already been inspected under the new framework, then we would be keen to hear from you.

The Ofsted early years team will be taking part in a range of events between now and the end of the year – we would welcome your feedback about the inspection experience and our new reports.

Further resources

Exploring the Education Inspection Framework: A guide to achieving a successful Ofsted grade

Available from our Shop now

Policy

The EIF: Conveying intent, implementation and impact in your curriculum

caroline.graham — Tue, 27 Aug 2019 14:38:04 +0000

The Education Inspection Framework (Ofsted 2019) places greater emphasis on your approach, as a provider, to curriculum, how well it is implemented and how it impacts on the children.

Ofsted had become concerned that providers (whether teachers in schools and colleges or early years practitioners) were placing too much importance on how they were teaching, to the detriment of what they were teaching.

The EIF aims to redress the balance, with Ofsted stating that ‘curriculum’ is what is taught and ‘teaching’ is how curriculum content is taught’.

Providing learning opportunities and developing skills

Ofsted’s working definition of curriculum is:

‘a framework for setting out the aims of a programme of education, including the knowledge and understanding to be gained at each stage’ (intent)…for translating that framework over time into a structure and narrative, within an institutional context (implementation)…and for evaluating what knowledge and skills children have gained against expectations (impact/achievement).’

�� enable frequent learning opportunities that are appropriate to a child’s age and stage of development along the way. Practitioners with a good understanding of child development know how to support children as they practise and refine their skills and knowledge in all areas of their learning and development. They support children, using teaching skills and a balance of adult-led and child-initiated experiences. Accurate and timely assessment ensures that activities provided suit children’s needs, interests and abilities.

Practitioners know that individual children have made progress from their starting points. They are confident that the implementation of activities and experiences provided have met their intent at each stage of a child’s development. They are confident that children have gained the knowledge and skills required for the next stage of their education.

Using intent to define the curriculum

When making a judgement about the quality of education, Ofsted will not grade intent, implementation and impact separately but will draw on all the evidence they have gathered, using their professional judgement.

Working backwards from the desired outcome of an assessment goal (intent) helps early years practitioners to define the curriculum, in other words the knowledge and skills that a child needs to acquire to achieve the early learning goals at the end of the EYFS.

A greater emphasis on curriculum means that the setting leader and practitioners must be confident that it is working for every child. When the inspector is talking to the leader at the start of the inspection, they will ask about the aims and rationale for their EYFS curriculum. They will discuss the intent and implementation of the curriculum and will then follow this up by observing practice and talking to practitioners and children.

The EIF explains that the choice of teaching methods is a decision for providers, within the confines of the EYFS. Leaders are judged on how well they assure themselves that their curriculum intentions are met and consequently that teaching methods are effective.

Framing the curriculum within these three headings is in fact helpful as it focuses the practitioner’s mind, making the curriculum relevant and meaningful for every child in the setting. Where providers are already implementing educational programmes (curriculum) effectively, they are likely to continue to be good or outstanding if they are clear about their intent, implementation and impact.

This post was extracted from Exploring the Education Inspection Framework — a practical guide that aims to provide practitioners with a good understanding of the process of being inspected and the changes that the new EIF has brought into place. For instance, defining your early years curriculum through conveying intent, implementation and impact; demonstrating cultural capital and the new judgements that will be made under the EIF.

Exploring the Education Inspection Framework is available for pre-order from our Shop.

Order your copy today.

Cultural capital in the EIF: what you need to know

caroline.graham — Wed, 07 Aug 2019 15:47:43 +0000

By Michael Freeston, Quality and Standards Director at the ��.

The term cultural capital has been added to Ofsted’s new Education Inspection Framework (EIF), due to come into effect on 1 September 2019.

Ofsted has explained that the EIF is an evolution from the previous Common Inspection Framework, putting an increased focus on professional discussion between the inspector and setting staff about their educational programmes, how well it is delivered and what impact it has on children’s learning and development.

The new EIF also introduces the concept of cultural capital.

The framework states:

“Cultural capital is the essential knowledge that children need to prepare them for their future success. It is about giving children the best possible start to their early education. As part of making a judgment about the quality of education, inspectors will consider how well leaders use the curriculum to enhance the experience and opportunities available to children, particularly the most disadvantaged […]

“Some children arrive at an early years setting with different experiences from others, in their learning and play. What a setting does, through the EYFS curriculum and interactions with practitioners potentially makes all the difference to children. It is the role of the setting to help the children experience the awe and wonder of the world in which they live, through the seven areas of learning.”

Be confident in demonstrating cultural capital in your setting

Some practitioners have expressed concern that Ofsted has not made it clear what inspectors will expect to see and hear as evidence that children’s cultural capital is being enhanced at their early years settings.

Others say that the new framework presents a superficial definition of a term that covers a whole area of sociological study.

Early years providers should be confident that they are able to demonstrate how their provision shows children the “awe and wonder” of the world. Make sure that you and your colleagues feel confident talking about building activities around the children’s interests.

You can use the knowledge from regular observations, work as key persons and what you know of the children’s home lives to develop children’s experiences and learning.

There is no need to over-think cultural capital – it is the exciting and stimulating activities that you do with children every day.

It may include:

finding books on a child’s favourite topic
creating role-play activities that further their interest in a particular idea
taking trips to the park
or organising visits from community figures such as the police.

What is important is that you feel confident explaining why you have chosen a particular activity and how it will benefit the child’s learning and development.

Supporting children's personal and social development

In an early years setting, cultural capital means that each child arrives with a number of experiences and ideas based on their own personal circumstances.

Ofsted has previously demonstrated its approach with a picture of two boys dressed up as pirates. Here, they argue that the cultural capital used is the pre-existing knowledge that they have about pirates, allowing them to enjoy the game. They know that pirates wear hats and carry weapons – and that pirates go “arrghh!”

In this way, explaining how you improve cultural capital can be considered similar to the challenges the sector faced when asked to demonstrate how your setting “promotes British values”.

We may not have been sure of what the term meant when it was first introduced, but we soon came to realise that if we were supporting children’s personal, social and emotional development then we were in effect promoting British values.

Giving experiences to children to 'make them effective citizens'

However, there are still some concerns about the definition of cultural capital provided and the reasons why it has been added to the EIF.

The concept of cultural capital is associated with sociologist Pierre Bourdieu who used the term to explain why some children achieve better educational outcomes than others.

Bourdieu defined cultural capital as the various assets that people have including the way they speak, their level of education and their hobbies and interests. He noted that children from less advantaged backgrounds were less likely to achieve academically than their better off peers and concluded that the education system and wider society values certain aspects of cultural capital more than others.

This, he believed, influenced social mobility, wellbeing and life outcomes.

Ofsted’s definition of cultural capital as “the knowledge that children need to be effective citizens” is only one part of the story.

Some providers are concerned that Ofsted has introduced a term that, as a sociological concept, is about power and how groups of people maintain and enhance their positions in society at the expense of others.

However, it is unlikely that Ofsted will make judgments based on the life experiences and lifestyles of the children that attend each setting.

The early years sector can be reassured that the essence of cultural capital already lies within the EYFS.

Rather than looking for hidden meaning in the phrase, practitioners should continue to focus on giving each child the best start in life and the support that enables them to fulfil their full potential.

This article originally appeared in the July/August 2019 issue of Under 5 magazine.

Watch the cultural capital webinar

In this lively webinar, Michael Freeston and Melanie Pilcher, Quality and Standards Manager dig a little deeper, looking at the origins of the term and how it does (or does not) relate to the current early years agenda. Participants were encouraged to contribute their reflections on the concept and share with others how they are preparing to evidence to Ofsted that they are meeting the new requirements within their provision.

More EIF resources for you and your team

Workshops: The �� is running a series of workshops on cultural capital and the EIF, for members and non-members.

Find my nearest EIF workshop

Webinar: Preparing your provision for the Education Inspection Framework (EIF)

Coming soon...

Exploring the Education Inspection Framework: This publication is out in early September and will be available for pre-order in late August.

A SMARTpd pack on delivering the EIF: The pack will include a Microsoft PowerPoint presentation, with facilitator notes, and accompanying resources to support the host to deliver an in-house session to their team at staff meetings or training days. It provides a cost effective way to prompt discussion, increase understanding and raise awareness in the team. The pack will be sold via our Shop.

Policy

A new inspection approach

rachel.lawler — Tue, 09 Jul 2019 08:03:15 +0000

Gill Jones, early education deputy director at Ofsted, shares some updates on the new Education Inspection Framework, coming into place in September. This article originally appeared in the June 2019 issue of Under 5 magazine.

Last month, we launched our new inspection framework, which sets out how we will inspect nurseries, pre-schools, forest schools, childminders and indeed all forms of early years provision, across England, from September 2019.

This announcement followed an extensive consultation, which received more than 15,000 responses. I am genuinely heartened that so many people who work with young children took the time to read the consultation and inspection handbook and offer us their views. Even the less positive responses were very welcome and helpful. They provoked much thought and discussion at Clive House! Overall, the feedback was very positive. More than 80 per cent of people said that our proposed framework was clear and easy to understand.

Breakfast, after-school and holiday clubs

There was strong support for applying our new framework to all early years provision. But much of the feedback raised concerns about inspectors judging the ‘quality of education’ in breakfast, after-school and holiday clubs. We have taken this feedback in to account and decided that this judgement will not apply to those settings, since they do not have to meet the learning and development requirements in the Early Years Foundation Stage (EYFS).

Less data, more EYFS

The new framework is placing much less emphasis on data and paperwork, and a greater focus on what providers offer through their EYFS curriculum. I hope this will have a big and positive impact in the early years – we want you to spend your time teaching and making a real difference to what children learn and do, which is, after all, why you have devoted your professional lives to developing young children.

So, what do you need to know when our inspectors come knocking on your door this autumn? Well, to pick out just a few key highlights:

Inspectors will consider how well an early years setting uses the EYFS curriculum to enhance the experience and opportunities available to children, so that they gain the essential knowledge that they need to prepare for future success. We call this ‘cultural capital’.
Inspectors will not advocate a particular way of planning, teaching or assessment, and they will not expect to see any documents other than those listed in the EYFS.
We recognise that the early years sector is very diverse. Inspectors will use their professional judgement to assess how well the leadership is making a difference and improving the quality of the provision for the children.

We have stressed from the beginning that our reforms are more of an evolution than a revolution. So you will not see a massive change in our approach to inspecting from Monday 2 September.

Pilot inspections

We have been doing pilot inspections, which have highlighted more similarities than differences with the current way we inspect. For instance, when preparing for a pilot in the east midlands, our inspector researched previous visits, the recommendations we had made for improvement, the provider’s regulatory history, and indeed all the information we held about that setting – just as we do now. Then the inspector let the manager steer the inspection towards specific activities - to allow them to showcase the good work they were doing.

Our inspector placed a greater emphasis on a learning walk at the beginning of the inspection, when the manager introduced the inspector to their provision. This allowed the manager to explain how they organise the provision and decide what the children in their setting needed to learn. Our inspector met some delightful children, who were able to use quite technical vocabulary when speaking about a variety of herbs. They were confident and articulate for their age.

I think it’s fair to say that the manager enjoyed talking openly to an inspector about their work. It was the opposite of an intense management meeting where data dominates the discussion.

This, and other, pilot inspections have shown that the framework works for nurseries and childminders. Inspectors can find out what it is like to attend an early years provision without the need to look at data and lots of paperwork.

Handbooks and guides

If I can sound a warning note, I know from experience that the publication of new handbooks leads to a deluge of emails from consultants, offering to tell you how to prepare for an Ofsted inspection if you’ll give them some cash. This is not necessary at all – you should not do anything specifically for an Ofsted inspection. Anything that you do should be for the young children themselves. And similarly, don’t feel obliged to spend several hundred pounds on training or buying in a consultant when our website has all kinds of information about what we do.

The EYFS is still the EYFS and although our inspection framework has changed, what you need to do to help children to learn and enjoy their early years experience remains the same.

Between now and September, we will be attending conferences and events, including the Ofsted Big Conversation, to talk about what the new inspection framework will mean for you. Watch this space!

Find out more

See all our resources on the new EIF

Ofsted confirms changes to inspection framework

Policy

Can the GCSE U-turn solve recruitment difficulties?

sarah.evans — Tue, 16 Oct 2018 16:14:13 +0000

CEEDA are independent research experts who are currently running the About Early Years (AEY) research programme with support from the �� and other sector partners. Here Dr Jo Verrill, CEEDA's Managing Director, writes for the �� blog on how the government's recent U-turn on GCSE requirements is impacting on early years recruitment, as well as looking at expected likely trends for the future of the sector.

In summer 2017 there were an estimated 24,600 vacant posts in voluntary and private nurseries and pre-schools, with 45% recruiting staff and 84% finding it tough. Will the reinstatement of functional skills as acceptable equivalents to GCSE maths and English be enough to turn the tide on recruitment difficulties?

The impact of GCSE requirements

The removal of functional skills as alternatives to GCSE English and maths for the Level 3 Early Years Educator (EYE) in 2014 saw level 3 awards drop from a high of 20,820 in quarter three of 2012 to 12,325 in quarter three of 2016. Following reversal of this decision in March 2017, numbers are starting to rise, but recovery will take time.

A detailed look at the evidence base from Ceeda’s independent About Early Years (AEY) research programme shows that the recruitment problem is multi-faceted and will not be resolved by the GCSE U turn alone.

Graduate recruitment

At graduate level, enrolments on Early Years Teacher courses continue to fall from 2,327 in the 2013/2014 academic year to just 595 students in 2017/2018. This decline is unlikely to halt, following the Department for Education’s (DfE) decision to drop its workforce strategy plans to grow the early years graduate workforce in poorer areas and allow those with Early Years Teacher Status or Early Years Professional Status to lead nursery classes in maintained settings.

Workforce diversity

The stereotyped perception of childcare as a ‘job for girls’ has long been a major barrier to recruitment in the sector, wasting much needed talent and the opportunity to create a diverse environment in which children can experience gender equality from the earliest age. The summer 2017 AEY survey showed signs of growth in the male workforce from 2% last captured by the DfE in 2013¹ to 5% of the sector’s workforce. This is a positive trend upon which to build.

An increasingly competitive job market

Childcare providers must compete for staff in an increasingly tight labour market. Record employment levels of 75.6% in April to June 2018² are fuelling wage growth, with earnings increasing by 2.7% over the same period.

The spring 2018 AEY survey found average pay rates of £8.49 for early years practitioners, whilst official statistics³ show jobs such as bar work and cleaning pay just 2 pence less per hour. Sales and customer service occupations earn almost £1 more per hour at an average of £9.41. Nursery managers earned an average of £13.43 per hour in spring 2018 whist comparable roles in other sectors attract average earnings of £21.74 per hour.

These figures show that the need to raise the status of early years as a positive career choice, with competitive pay and clear career paths has never been more pressing.

Funding shortfalls

Whilst sector costs are rising, funding rates are fixed to 2020. The spring AEY survey measured day nursery and pre-school delivery costs and compared them with funding rates, revealing an estimated funding shortfall of £616.5 million in 2018/19. Childminder losses are not included in this figure.

This snapshot shows that whilst the reinstatement of functional skills has removed a significant barrier to recruitment, real progress will require a significant shift in sector status and rewards. Until funding levels better reflect the sector’s contribution and cost-base, early years is likely to remain in a weak position as the labour market heats up.

Get involved

About Early Years is an independent sector research programme delivered by Ceeda. Over 2,400 early years settings have joined the research panel to date, to contribute to surveys and enjoy the benefits of timely sector analysis. Register today and take part in our current workforce survey to receive a FREE copy of our annual sector report, on general sale at £75. The report covers all the need-to-know figures on sector fees, delivery costs, salary rates, occupancy and much more.

Further information

Register to join the panel

Purchase CEEDA's annual sector report and download free bulletins

Find out about �� publication Recruiting Early Years Staff

Read our blog on staff wellbeing, Happy staff, happy setting

References

Department for Education [DfE] (2014). Childcare and Early Years �� Survey 2013. TNS B28MRB Report JN 117328. September 2014.
Office for National Statistics [ONS] (2018). UK Labour market: August 2018.
Office for National Statistics [ONS] (2018). EARN06: Gross weekly earnings by occupation. August 14, 2018.

Policy

Professional development

Research

Minimum wage: keeping up-to-date with changes

rachel.lawler — Thu, 05 Jul 2018 14:10:03 +0000

By Rachel Lawler

With the government releasing a list of employers caught paying their staff less than the minimum wage, we’ve had a look at the current rules to help you ensure that your setting is compliant with the rules.

What is the new National Living Wage?

The National Minimum Wage is the minimum hourly rate some employees under the age of 25 should be paid. The National Living Wage is the minimum hourly rate for those aged 25 or over.

On 1 April the National Living Wage increased to £7.83 an hour – up 38p from the previous year. The minimum rates for employees of all ages has also increased, as explained below.

**Minimum wage for different employees**
Age 25 and over	21 to 24	18 to 20	Under 18	Apprentice
£7.83	£7.38	£5.90	£4.20	£3.70

Employers who already pay wages above these rates are not obliged to increase their rates when the National Minimum Wage increases.

Who is entitled to receive the minimum wage?

Some employees are not entitled to receive the national minimum or national living wage. This includes those who are self-employed, volunteers and company directors. Work experience students may not be entitled to the minimum wage if they are aged under 16 or are shadowing an employee rather than taking on a separate role themselves.

Some work experience students, or interns, will be entitled to the minimum wage if they are given a contract or if they are offered a future contract or offer of work at the end of their placement.

What are the rules for apprentices?

All apprentices must be paid at least the minimum wage for the time they spend training or studying as part of their apprenticeship, as well as any time they spend working in your setting. From 1 April 2018 onwards this is £3.70 an hour.

Apprentices can only be paid the apprenticeship wage if they are under 19, or if they are aged 19 or over but in their first year of their apprenticeship. If an apprentice is aged 19 or over, and has completed the first year of their course, they must be paid the higher National Minimum Wage for their age group. (See chart above.)

Are employers allowed to charge employees for any training courses they complete?

If the training is mandatory, an employer must make sure that any deductions made or payments taken do not take their employees’ salaries below the minimum wage.

If employees are required to attend or complete any training, they must be paid for their time. This should be paid at the minimum required rate or above. They should be paid for this time whether it is within their usual working hours or not.

Can staff be charged for their uniform, if the setting has one?

If your setting requires staff to wear a uniform, employers must make sure that any deductions taken from staff to pay for it do not take their employees’ wages below the minimum wage.

If your setting offers a uniform, but staff are not required to wear it, the employer may charge staff for any items they choose to purchase. You may also charge staff for additional items of uniform if they have requested them – for example, an extra t-shirt to use as a spare.

Do employees have to be paid for all the time they spend at your setting?

Employees should be paid at least the minimum wage for any time they spend working at your setting. This doesn’t include any unpaid lunch or tea breaks taken on site, although some staff may have paid breaks in their contract.

You can ask staff to sign in and out at the start and end of their shift to monitor this. You may wish to keep this separate from any register you use to check staff in and out of the premises for safeguarding and health and safety purposes, particularly if any members of staff choose to spend their unpaid breaks onsite.

How should staff be charged for any childcare they use at the setting themselves?

If members of staff choose to send their own child to the setting where they work employers should be careful about how this is paid for, particularly if the employee is earning the minimum wage. Employers can deduct the cost of the childcare from the employee’s wages before they are paid, but they should explain how this will be done in their contracts. The employee’s wage slip must clearly detail the deductions. You may wish to pay the member of staff in full and invoice them separately for any childcare they have used instead.

What will happen if an employer is caught paying staff less than the minimum wage?

All businesses, irrespective of size or sector, are responsible for paying the correct minimum wage to their staff.

Employers who are found to have broken the law must pay their workers the wages they are owed. On top of any back pay, they can also be fined up to 200% of the total amount in arrears to workers.

Some employers who fail to pay their staff the minimum wage may also be publically named and the worst offenders may face criminal prosecution.

A spokesperson for HMRC told Under 5: “HMRC enforces the National Minimum and National Living Wage in line with the law and policy set out by the Department for Business, Energy and Industrial Strategy. All businesses, irrespective of size or business sector are responsible for paying

the correct minimum wage to their staff. HMRC always takes action to ensure that workers receive what they are entitled to.”

Find out more

If you have questions about the National Minimum or National Living Wage, whether you are an employee or an employer, you can get in touch with Acas at www.acas.org.uk or call 0300 123 1100.

Policy

Best practice

Myth vs fact: Data protection

sarah.evans — Wed, 13 Jun 2018 15:13:59 +0000

Rebecca Reilly-Cooper, senior policy officer at the Information Commissioner’s Office, clears up some common data protection myths in this piece, which originally featured in the ��'s membership magazine Under 5.

The Information Commissioner’s Office (ICO) is responsible for regulating, advising and providing guidance on the new enhanced data protection laws, the General Data Protection Regulation (GDPR), that came into force on 25 May. We know that childcare professionals have had a lot of questions about what this means for them in terms of processing the data of children in their care.

The message in the run up to 25 May was and still is: don’t panic. 25 May wasn’t a deadline, so if you have been taking steps towards getting ready for the GDPR, then you are doing the right thing. It’s important to remember that this is an evolution of existing data protection laws under the Data Protection Act 1998, so if you have been processing information correctly already, there is no need to invest in new, expensive systems or start from scratch.

I want to set the record straight on some of the myths that have sprung up within the childcare sector.

Myth: GDPR has changed the rules for registering with the ICO

Fact: Under the new legislation, organisations that determine the purpose for which personal data is processed (controllers) must pay the ICO a data protection fee, unless they are exempt. These fees fund our data protection work.

The new data protection fee replaces the requirement to ‘notify’ or register, which was included in the Data Protection Act 1998. We have the power to enforce the 2018 Regulations and serve monetary penalties on those who refuse to pay their data protection fee.

Although the 2018 Regulations came into effect on 25 May 2018, this doesn’t mean that everyone has to pay the new fee from that date. Controllers who have a current registration, or notification, under the 1998 Act do not have to pay the new fee until their existing registration has expired.

Myth: Not-for-profit organisations do not have to register with the ICO

Fact: There is an exemption that means some not-for-profit organisations are not required to pay the data protection fee. But this applies only in very limited certain circumstances.

If you are processing personal data solely for the purposes of establishing or maintaining membership or support of a non-for-profit organisation, or to administer the activities of your members – and if you do not process any other personal data – then you are exempt from paying the fee.

But this is unlikely to apply to not-for-profit childcare providers, who will be processing the personal data of the children they look after. Therefore a not-for-profit childcare provider would still need to pay the fee to the ICO.

Myth: There are now different rules for paper and electronic databases

Fact: If none of your processing is carried out on a computer, then you do not have to pay the data protection fee. This includes any type of computer – laptop, desktop, tablet or cloud computing. It also includes other types of equipment which, although not normally described as computers, have some ability to process automatically. Examples include automatic retrieval systems for audio and visual systems, electronic flexi-time systems, telephone logging equipment, CCTV systems and smartphones.

In other words, if the only data you process is manual data – held on paper and not stored electronically – then you do not have to pay a fee to the ICO. But if any of your data is stored or processed electronically, then you will be required to pay the fee.

This has not changed under GDPR, a similar exemption existed for manual processing under the 1998 Act.

Myth: Small settings and childminders don’t need to pay the fee

Fact: If you are processing personal data for anything other than personal, family or household affairs, then you must pay the fee to the ICO, no matter how small the organisation or how few people you employ. This means that small settings and childminders, even if operating out of their own homes, must pay the appropriate fee.

There are three different tiers of fee, based on how many members of staff you have and your annual turnover. Micro-organisations – those with a turnover of less than £632,000 per year and no more than 10 members of staff – are in Tier 1, which means their fee is £40 a year.

Myth: Data protection legislation requires settings to hold on to data until a child turns 18 or 21

Fact: The GDPR does not set specific time frames on how long personal data must be retained. The law states that data must be retained for no longer than is necessary for the purpose for which it was collected. This leaves it open to organisations to determine for themselves how long it is necessary for them to hold on to data.

You will need to take into account any other legislation you might be subject to, as well as the advice of professional associations. Insurance companies may also have requirements or recommendations about how long you need to retain records.

Whatever retention period you decide upon, you should record this and inform data subjects in your privacy notice how long you plan to keep their data for.

Myth: You must ask for consent before sharing data with your Local Child Safeguarding Board

Fact: Sharing data with third parties does not always require the consent of the data subject. When it comes to safeguarding children, there are times when having to get the consent of the child, or the child’s parents, would be counterproductive. The Data Protection Bill contains a safeguarding provision that allows for data to be shared without consent in these circumstances.

This provision allows for data processing – which would include sharing – where necessary to protect a child from neglect and physical, mental or emotional harm or to protect the child’s physical, emotional or mental wellbeing.

Myth: Early years providers are going to be hit with huge fines

Fact: It is true that under GDPR, the ICO will have the power to impose much bigger fines than before.

But it is scaremongering to suggest that we will be making early examples of organisations for minor infringements, or that maximum fines will become the norm. The ICO prides itself on being a fair and proportionate regulator and this will continue under the GDPR. Our commitment to guiding, advising and educating organisations about how to comply with the law will not change.

More information

Visit the ICO’s website for more information, including a FAQs and self-assessment checklists as well as a dedicated advice line for small organisations. You can also sign up to the ICO’s newsletter for regular updates on guidance and details of their latest webinars.

This article originally appeared in the ��'s Under 5 membership magazine. Find out more about the magazine, request your free taster copy, or sign up to the newsletter mailing list here

�� members can now also read the latest issue of Under 5 online by logging in to their members' area, here

Best practice

Policy

Under 5

early years alliance - Policy

Supporting early years providers through Covid-19 and beyond

Modifying the EYFS

Resources to support providers

�������� members can access the free resources pack Maintaining Your Provision And Staying Open from the Members' Area.

Why the DfE's proposed changes to the early learning goals are flawed

A lack of evidence and sector input

Revising the goals is the wrong way around

Will changes ensure children are assessed properly?

Responding together

A timeline of the latest changes to the EYFS

General Election 2019: The proposals on childcare

What are the main political parties promising on childcare?

Conservatives

Labour

Liberal Democrats

Ask your next MP to ensure any childcare offers are properly funded.

Click here to write to your prospective parliamentary candidates now - it takes just two minutes!

Gill Jones: Ofsted’s new inspections – what did we learn from the pilots?

Less of a focus on written documentation

Don't over think cultural capital

Further resources

The EIF: Conveying intent, implementation and impact in your curriculum

Providing learning opportunities and developing skills

Using intent to define the curriculum

Further reading

Cultural capital in the EIF: what you need to know

Be confident in demonstrating cultural capital in your setting

Supporting children's personal and social development

Giving experiences to children to 'make them effective citizens'

Watch the cultural capital webinar

More EIF resources for you and your team

Find my nearest EIF workshop

A new inspection approach

Can the GCSE U-turn solve recruitment difficulties?

The impact of GCSE requirements

Graduate recruitment

Workforce diversity

An increasingly competitive job market

Funding shortfalls

Get involved

Further information

References

Minimum wage: keeping up-to-date with changes

Myth vs fact: Data protection

Myth: GDPR has changed the rules for registering with the ICO

Myth: Not-for-profit organisations do not have to register with the ICO

Myth: There are now different rules for paper and electronic databases

Myth: Small settings and childminders don’t need to pay the fee

Myth: Data protection legislation requires settings to hold on to data until a child turns 18 or 21

Myth: You must ask for consent before sharing data with your Local Child Safeguarding Board

Myth: Early years providers are going to be hit with huge fines

�� members can access the free resources pack Maintaining Your Provision And Staying Open from the Members' Area.