2 Early years and funding: the road
towards a Single Funding Formula
Profile
of the early years education and care sector
5. There are almost 39,000 early years settings authorised
to deliver the entitlement to free early years education and care.[9]
The vast majority of these are run by private, voluntary or independent
(PVI) providers, typically pre-school playgroups or daycare centres.
They may be run as commercial, profit-making ventures or merely
on a break-even basis. Some own or lease their premises; but many
rely upon the use of community buildings such as village or church
halls. A small proportion of early years education and care is
provided by independent schools offering nursery classes. 65%
of full daycare providers are from the private sector, and the
underlying trend is for daycare provision to increase: numbers
of daycare providers were 77% higher in 2008 than in 2001. Meanwhile,
the number of 'sessional'[10]
providers has fallen by 39% since 2001. This is attributed largely
to the increase in demand from parents for full day care.[11]
6. There is also a sizeable "maintained"
sector, operated on behalf of local authorities. Maintained early
years settings might be maintained nursery schools (numbering
about 450) or nursery units attached to primary or infant schools
(6,700).[12] In January
2009, 78% of four year olds and 37% of three year olds took up
free places at either maintained nursery or primary schools.[13]
Maintained nursery schools, unlike nursery units in schools, have
their own premises, head teacher and governing body; but they
do not have nursery units' scope to share administrative costs.
Staff costs are generally high in comparison to those at PVI settings:
teachers at maintained settings are paid using teacher pay scales,
non-teaching staff are paid according to local authority pay scales,
and the costs of employer contributions to the local government
pension scheme may well be higher than those paid to alternative
schemes by PVI providers.[14]
7. Some areas (particularly in northern England and
in inner city areas) have a strong tradition of maintained provision.
Many maintained nursery schools were deliberately established
in areas of social deprivation.[15]
Numbers of these have nonetheless dwindled over the years: they
have high cost per child ratios, for reasons which we explore
later in this Report, and local authorities are sometimes accused
of trying to close them in order to make financial savings.
8. Some childminders are members of accredited networks
and are therefore eligible for funding from local authorities
to offer early years care under the free entitlement. Unlike other
early years settings, childminders can offer flexible home-based
care, at hours set to suit the parent.[16]
In passing, we record our misgivings about the rather functional
term "childminder", which does little to recognise the
caring relationships which often exist between the adult and the
child.
9. Staff costs at early years settings will vary
according to the levels of qualifications held by staff as well
as the number of staff required, which will in turn depend partly
on the age of the children for whom education and care is provided.
The Early Years Foundation Stage, which sets standards for learning,
development and care for children aged up to five, prescribes
minimum numbers of staff that must be present with children at
any one time in early years settings. These are, in essence:
- For children aged under two,
there must be at least one member of staff for every three children,
and at least one member of staff must hold a full and relevant
Level 3[17] qualification
and have suitable experience of working with children under two;
- For children aged two, there must be at least
one member of staff for every four children, and at least one
member of staff must hold a full and relevant Level 3 qualification;
- For children aged three and above in registered
early years provision (including independent schools), there must
be at least one member of staff for every eight children and at
least one member of staff must hold a full and relevant Level
3 qualification. If a person with Qualified Teacher Status, Early
Years Professional Status or any other suitable full and relevant
Level 6 qualification[18]
is working directly with the children between 8.00 am and 4.00
pm, the minimum is relaxed so that there needs to be at least
one member of staff for every 13 children;
- For children aged three and above in maintained
schools and nursery schools (except for children in reception
classes), provision in each class or group must be led by a 'school
teacher' as defined under statute,[19]
there must be at least one member of staff for every 13 children,
and there must be at least one member of staff with a full and
relevant Level 3 qualification.
These requirements have statutory force and are set
out in greater detail in the Early Years Foundation Stage Statutory
Framework.[20]
10. Provision for children aged three or above in
early years settings in schools is inspected according to the
main school inspection framework, usually by Ofsted in discharge
of its duties under section 5 of the Education Act 2005 but sometimes
by other inspectorates for schools in the independent sector.[21]
Provision for children aged under three in early years settings
in schools and for children aged up to five in any non-school
setting must be registered with Ofsted and is inspected for compliance
with the requirements of the Early Years Foundation Stage, under
section 49 of the Childcare Act 2006.
11. SureStart Children's Centres in the 30% most
deprived areas in Englandlargely those established under Phases
1 and 2 of the children's centre programmeare required either
to offer or to provide access to integrated early education and
care for 10 hours per day, 5 days per week, 48 weeks of the year.
These settings incorporate other early childhood and family services,
including health services, parenting support and access to Jobcentre
Plus services. SureStart Children's Centres established under
Phase 3 of the programmeleading towards universal provisionare
under no obligation to offer early years education and care, although
they may do so if there is sufficient demand locally.
The cost to users
The entitlement to free early years education
and care
12. Some early years education and care is free to
parents and carers. In September 1998, all four-year-olds in England
became entitled to a free childcare place for 33 weeks of the
year.[22] In April 2004
that entitlement was extended to 3 year-olds, and in April 2006
the number of weeks in which the free entitlement was to be offered
increased to 38. The entitlement is currently for 12.5 hours per
week, available to children from the term after their third birthday
to the term after their fifth birthday, at which point they enter
compulsory full-time education.[23]
13. The Government now intends to extend the free
entitlement to 15 hours per week for all 3 and 4 year olds, from
September 2010. In some local authority areas that extension has
already been in place for a year or more on a pilot basis; and
all local authorities were expected to begin offering the 15 hour
entitlement to their 25% most disadvantaged three and four year
old children from September 2009. The White Paper on Social Mobility
published in January 2009 announced plans for free early learning
and childcare places to be made available to the 15% most disadvantaged
two year olds nationally, as a first step to universal availability
for all two year olds.[24]
14. Parents can take up as little or as much of the
entitlement as they choose. In January 2009, 92% of three year
olds and 98% of four year olds were taking up at least some of
that entitlement. 53% of three year olds took up free entitlement
at private and voluntary providers and 3% at independent schools;
37% of three year olds were benefiting from free early education
at maintained nursery schools or nursery classes attached to primary
schools. For four year olds, the balance is different: 78% of
four year olds took up free places at either maintained nursery
or primary schools.[25]
Providers are barred from charging top-up fees for education and
care under the free entitlement or from making access to the free
entitlement conditional on take-up of 'paid-for' hours.[26]
15. Alongside the increase in the number of hours
to be offered free of charge, the Government also seeks to help
working parents by increasing the flexibility of provision under
the free entitlement. This might entail, for instance, the availability
of longer sessions taken over fewer days, or extending provision
through lunchtime or to include breakfast time, or availability
over more than 38 weeks in the year (described by the Government
as a "stretched entitlement").[27]
The Government does not expect that all providers will necessarily
move to such patterns of provision: it envisages that clusters
of providers would, between them, offer flexible provision in
response to parental demand.[28]
One consequence might be that the proportion of children taking
up their entitlement at more than one provider is likely to increase.
Later in this Report, at paragraph 68, we question whether greater
flexibility of care is always in the child's interests.
Costs outside the free entitlement
16. For early years education and care not covered
by the free entitlement, the average fee charged by full day care
providers overall in 2008 was £3.50 per hour, and the average
charged by sessional providers was £2.30 per hour.[29]
However, day care fees can be significantly higher where market
conditions permit.[30]
How early years settings are currently
funded
17. The entitlement to 12.5 hours' free early years
education and care is funded centrally through the Dedicated Schools
Grant.[31] The Grant
is calculated and allocated to local authorities according to
the number of children aged between 3 and 16 identified by the
January Pupil Census[32]
and Early Years Census[33]
as attending school or an early years setting in each local authority
area. At the time that the Early Years Single Funding Formula
was first proposed, children attending ten sessions of early years
education and care were treated as 'full-time' and attracted a
full unit of funding; children attending between one and nine
sessions were treated as 'half-time' and attracted only a half-unit
of funding. Calculation of the Dedicated Schools Grant is now
based upon pupil numbers and the total hours of attendance.
18. When allocated to each local authority, the Dedicated
Schools Grant is a lump sum: no portion is identified or ring-fenced
by the Government for early years provision. Each child attending
an early years setting within a local authority area is funded
at the same level regardless of any variations in the hourly cost
to the authority of that attendance.[34]
19. A maintained setting is funded entirely by the
local authority, from the Dedicated Schools Grant (DSG) (although
local authorities can, in theory, top this up from council tax).
Local authorities may fund maintained settings either on the basis
of numbers of children in settings or on the basis of the number
of places offered.[35]
Budgets for maintained settings are finalised by the local authority
before the start of the financial year and are not adjusted to
reflect pupil number changes that take place during the year.
This is to allow financial stability.
20. A setting in the PVI sector is likely to be funded
partly by the local authority (to honour the entitlement to free
provision) and partly through fees paid by parents. Funding is
calculated according to participation rather than places; and
the Department for Education and Skills noted in 2007 that many
authorities used a single rate of funding per pupil for the whole
of the PVI sector provision in their area and did not differentiate
according to local circumstances (such as settings serving areas
of high social deprivation).[36]
21. While the free entitlement to 12.5 hours education
and care is funded through the Dedicated Schools Grant, the revenue
costs of increasing that entitlement to 15 hours are to be met
from ring-fenced grants through the Standards Fund[37]
totalling £590 million over the three years from 2008-09
to 2010-11. A further sum of £642 million in capital funding
over the same period has been allocated for more structural costs,
for instance to improve outside play space and equipment, or to
provide rest areas for children on the site for long periods,
or to buy refrigerators to enable settings to provide lunches.
The Department expects that most of the costs to providers in
offering more flexible access to the free entitlement will be
transitional and will not require ongoing funding.[38]
The rationale for a single funding
formula
22. The Department for Education and Skills issued
a consultation paper in March 2007, setting out a series of proposals
to "facilitate" local authorities' work in commissioning
early years provision. These proposals included options to reduce
inconsistencies in the systems used for counting pupil numbers
and for calculating funding for early years education and care
in the maintained and PVI sectors. The most far-reaching of these
was a single formula for funding all settings at a local level,
using common criteria for all settings. The rationale was summarised
by the Department in interim guidance for local authorities published
in 2008:
"To support the extension and increased
flexibility of the free entitlement for 3 and 4 year-olds and
to address inconsistencies in how the offer is currently funded
across the maintained and PVI sectors."[39]
A further element of the rationale, articulated elsewhere,[40]
was a desire for transparency in how settings are funded.
Inconsistencies in how providers were funded
23. The main differences in how providers from the
maintained and PVI sectors were funded when the Single Funding
Formula was proposed were:
- Funding for maintained settings
was often on the basis of places offered even if not taken up;
but funding for PVI settings was on the basis of participation
(places taken up). So there was more pressure on PVI settings
to fill places; conversely, there was a risk that public money
would fund places not taken up at maintained settings.
- Take-up of places was counted once each year
in maintained settings, at the January Schools Census and Early
Years Census, and funding allocated on that basis could not be
adjusted to reflect increases or decreases in participation through
the year. Take-up of places in PVI settings was, however, measured
termly, and funding was adjusted accordingly. So funding for PVI
settings was more sensitive to levels of take-up; and a local
authority could end up funding twice the free entitlement for
a child that was moved mid-year between maintained and PVI settings.
The Department for Education and Skills noted in 2007 that some
local authorities did not allow children to divide their time
between two providers.[41]
Transparency
24. In many local authorities, the levels of per
pupil funding for settings in the PVI and maintained sectors have
developed entirely separately;[42]
and local authorities have not been required to justify
or reconcile differences in funding levels. The value of a single
funding formula in introducing greater transparency into early
years funding was set out for us most clearly by the National
Day Nurseries Association, which said that a single formula would
use common funding criteria for providers in both the maintained
and PVI sectors and therefore had "the potential to create
a broadly level playing field across the various types and sectors
of early years provision, leading to the overall pot of funding
being divided up in a way more closely aligned with each provider's
delivery costs".[43]
The decision to introduce a single
funding formula
25. In June 2007, the Minister for Schools at the
Department for Education and Skills announced by way of a Ministerial
Written Statement that, in the light of responses to the consultation,
the Department would press ahead with an Early Years Single Funding
Formula, to come into operation from April 2010.[44]
Introduction of the formula would be accompanied by a shift from
place-led funding to participation-led funding for maintained
settings.
9 Draft Code of Practice on Provision of the Free Early
Education Entitlement for 3 and 4 year olds, DCSF, September 2009,
paragraph 1.10 Back
10
'Sessional' provision is offered in blocks, often of 2.5 or 3
hours in either the morning or afternoon. Pre-school playgroups
are prime examples Back
11
All figures from the DCSF Childcare and Early Years Providers
Survey 2008, DCSF-RB164 Back
12
Figures from Childcare and Early Years Providers Survey 2008,
DCSF Research Report RR164 Back
13
Provision for children under five years of age in England: January
2009, Statistical First Release 11/2009. Different sets of data
are collated and published: the figures cited here count children
only once even if they take up provision at more than one provider Back
14
Guidance: The Early Years Single Funding Formula for Maintained
Nursery Schools, DCSF, October 2009 (available at http://www.dcsf.gov.uk/everychildmatters/earlyyears/fundingreform/fundingreform).
See memorandum from Fran Munby, EYFF 20, paragraph 5.2 Back
15
Memoranda from Fran Munby, EYFF 20, paragraph 4.2; Chelsea Open
Air Nursery School, EYFF 10, paragraph 3 Back
16
See memorandum from the National Childminding Association EYFF
50 Back
17
Level 3 is equivalent to A level, Vocational A level (Advanced
GNVQ) or Level 3 NVQ Back
18
Level 6 is equivalent to an Honours degree (for example a BA in
Early Childhood Studies) Back
19
Section 122 of the Education Act 2002 and the Education (School
Teachers' Prescribed Qualifications, etc) Order 2003 Back
20
DCSF, May 2008, Appendix 2 Back
21
The Independent Schools Inspectorate, Bridge Schools Inspectorate,
or the Schools Inspection Service. See Office for Standards in
Education, Children's Services and Skills, Departmental Report
2008-09, Cm 7597, page 19 Back
22
The term 'childcare' was used as shorthand for early education
and care Back
23
School, early years and 14-16 funding consultation, DfES, March
2007, paragraph 51 Back
24
New Opportunities: Fair Chances for the Future, Cabinet Office,
January 2009, Cm 7533, paragraphs 3.27 to 3.30 Back
25
Provision for children under five years of age in England: January
2009, Statistical First Release 11/2009. Different sets of data
are collated and published: the figures cited here count children
only once even if they take up provision at more than one provider Back
26
Draft Code of Practice on Provision of the Free Early Education
Entitlement for 3 and 4 year olds, DCSF, September 2009, paragraph
2.5 Back
27
The Government is amending the prescribed period of free early
years provision which must be secured by local authorities. The
period will now be expressed as 570 hours in any year and during
no fewer than 38 weeks in any year. See The Local Authority (Duty
to Secure Early Years Provision Free of Charge) (Amendment) Regulations
2010, S.I. 2010 No. 301 Back
28
School, early years and 14-16 funding consultation, DfES, March
2007, paragraph 186 Back
29
Childcare and Early Years Providers Survey 2008, DCSF Research
Brief RB164, September 2009 Back
30
See for example Q 5 Back
31
The Dedicated Schools Grant is a ring-fenced grant which funds
school provision for 3-16 year olds. Back
32
An annual count of pupils in maintained settings Back
33
An annual count of children at early years settings outside the
maintained sector Back
34
See Draft Code of Practice on Provision of the Free Early Education
Entitlement for 3 and 4 year olds, DCSF, September 2009, paragraph
5.1 Back
35
See The School Finance (England) Regulations 2008, S.I. 2008,
No. 228. Local authorities may choose to fund places rather than
pupils "in order to ensure that a maintained nursery school
remains open or, in the case of other primary schools, that they
are able to continue to provide nursery classes": Regulation
17 Back
36
School, early years and 14-16 funding consultation, DfES, March
2007, paragraph 199 Back
37
Standards Fund streams reflect Ministerial priorities Back
38
See Impact Assessment accompanying the new Code of Practice on
provision of the Free Early Education Entitlement for 3 and 4
year olds, to be published in March 2010; also HC Deb, 12 October
2009, col. 221W Back
39
Implementation of a Single Funding Formula for Early Years: Interim
Guidance, DCSF, July 2008, paragraph 1.1 Back
40
See for instance Implementation of a Single Funding Formula for
Early Years: Practice Guidance, DCSF, July 2008, paragraph 2.1 Back
41
School, early years and 14-16 funding consultation, DfES, March
2007, paragraph 201(b) Back
42
School, early years and 14-16 funding consultation, DfES, March
2007, paragraph 203 Back
43
Ev 20 Back
44
HC Deb, 25 June 2007, cols 1-5WS Back
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