Legislation – The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020

“Temporary modification of the welfare requirements in the Document3A.

(1)

The welfare requirements prescribed in Section 3 of the Document have effect during the relevant period subject to the modifications set out in this regulation.

(2)

The requirements in Section 3 of the Document specified in paragraph (3) are to be treated as discharged if the provider has used its reasonable endeavours to discharge the requirement.

(3)

The following requirements are specified for the purposes of paragraph (2)—

(a)

in paragraph 3.23, the requirement for at least half of all other staff (excluding the manager) to hold at least a full and relevant level 2 qualification;

(b)

in paragraphs 3.31, 3.32, 3.34 and 3.36 the requirement for at least half of all other staff (excluding the member of staff who holds a full and relevant level 3 qualification) to hold a full and relevant level 2 qualification;

(c)

in paragraph 3.33, the requirement for at least one other member of staff (excluding the member of staff who holds a suitable level 6 qualification) to hold a full and relevant level 3 qualification;

(d)

in paragraph 3.35, the requirement for at least one other member of staff (excluding the member of staff who holds a suitable level 6 qualification, an instructor, or another suitably qualified overseas trained teacher) to hold a full and relevant level 3 qualification; and

(e)

in paragraph 3.37—

(i)

the requirement for at least one member of staff to be a school teacher, as defined by section 122 of the Education Act 200211 but only if the requirements in paragraph 3.34 (as modified by sub-paragraph (b)) are satisfied; and

(ii)

the requirement for at least one other member of staff (excluding the member of staff who is a school teacher, as defined by section 122 of the Education Act 2002) to hold a full and relevant level 3 qualification.

(4)

In paragraph 3.25—

(a)

the words from “All newly qualified entrants” to “in an early years setting.” are disapplied; and

(b)

the requirement for at least one person who has a current paediatric first aid (“PFA”) certificate to be on the premises and available at all times when children are present and to accompany children on outings is to be treated as discharged if the provider has used its best endeavours to discharge the requirement and the conditions in paragraph (5) are satisfied.

(5)

The conditions are that—

(a)

all children being cared for on the premises are two years old or more;

(b)

at least one person who holds a first aid at work certificate or holds an emergency PFA certificate is present on the premises at all times when children are present and accompanies children on outings;

(c)

the provider has undertaken a written risk assessment which considers the likely occurrence of a serious incident taking place taking into account all relevant factors including—

(i)

the number of children on the premises;

(ii)

the needs of the individual children attending the premises;

(iii)

staff to child ratios;

(iv)

the types of activities undertaken with the children on the premises;

(v)

the likely need for first aid;

(vi)

first aider knowledge among staff on the premises; and

(vii)

the mitigations available to reduce the risk of such an incident; and

(d)

following that risk assessment the provider is satisfied that they have taken all reasonable steps to ensure the safety of children in their care.

(6)

The relevant period starts when this regulation comes into force and ends on 25th September 2020.

(7)

Except in relation to the requirement in paragraph (4)(b), where on 24th September 2020 a provider complies with the welfare requirements only by virtue of this regulation the provider is to be taken to continue to comply with the welfare requirement so long as—

(a)

the provider does not on or after 25th September 2020 further reduce the level of qualifications held by staff during that period; and

(b)

the provider complies with the welfare requirements as set out in the Document on or before the 25^th November 2020.”.

“Matters to be considered by early years childminder agencies: effect of temporary closure directions5B.

(1)

In relation to a period during which a temporary closure direction has effect in relation to an early years provider, an early years childminder agency must, in exercising functions under Part 3 of the Act, take account of the direction in dealing with any allegation under article 6A (a) or (b).

(2)

In paragraph (1) “temporary closure direction” means a direction issued under section 37(1) and paragraph 3(2)(b) of Schedule 16 to the Coronavirus Act 2020.”.